020987 CC Reg AgP
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CITY OF SHO~ijWOOD
REGUpAR COUNCIL MEETING
MONDAY~ FEBRUARY 9, 1987
COUNCtL CftAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
AGENDA
CALL TO ORDER
B. Roll Call
stover~"
Gagne ~
Brancel / /,
Mayor Rascop t~~
Haugen \../'
x
)'.
~v
I)W
'\
A. Pledge of Allegiance
1 . APPROVAL OF MINUTES
A. Regular Council Meeting - January 26, 1987
(Att. # 1 - Minutes)
2. PRESENTATION - CONRAD SCHMID PLAQUE
3. MATTERS FROM THE FLOOR
A.
B.
4. PLANNING COMMISSION REPORT
A.
B.
5.
PARK-: COMMISSI-oN-REPORT
A.
B.
6. CONDITIONAL USE PERMIT FOR A SELF-STORAGE FACILITY
Applicant: Manitou Properties
Location: 5620 County Road 19
(Engineers Report to
be mailed)
(Refer to 1/26/87 packet)
7 . HOUSE MOVING PERMIT
Applicant: Jim Funk - Sungold Homes
Location: 6115 Riviera Lane
(Att. #7 - Staff Report)
(Refer 1/26/87 packet)
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AGENDA
MONDAY, FEBRUARY 9, 1987
,
8. CONDITIONAL USE PERMIT AND VARIANCE
Applicant: William Henney
Location 26990 Edgewood Road
(Att. #8 - Staff Report &
Correspondence)
9. SETBACK VARIANCE
Applicant: William Anderson
Location: 5785 Howards Point Road
(Att.#9 - Staff Report)
10. CONDITIONAL USE PERMIT
Applicant:
Location :
Carlson Clipper Corporation ~ Joe Gorecki
6140 Lake Linden Drive
(Att. #10 - Staff Report)
11 . PRELIMINARY PLAT - SHOREWOOD OAKS
Applicant: Shorewood Oaks Development, Inc.
Location: West of Highway 7/East of Strawberry Lane
(A t t . #,A. Staf f. Report.-i:--_.
B. FeasibilitYjRepOr~i
C. Resolution
Receiving Feasib~lity, Repbrt,
D. Resolution
Ordering the 'Preparation of
Plans and Specifications)
12. REVISE PRELIMINARY PLAN - NEAR MOUNTAIN P.U.D.
Applicant:
Location :
Lundgren Brothers Construction
S.E. Corner of Near Mountain P.U.D.
(Att. # 12 - Staff ~eport)
13. CITY HALL/BADGER PARK IMPROVEMENT PROJECT
(Att. #13 - Staff Report)
14. ATTORNEYS REPORTS
A. S.E. Area Water Tower Update
B. Eureka Road Drainage Easement
C.
-2-
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CITY OF
REGULAR
MONDAY,
SHOREWqoD COUNCIL CHAMBERS
COUNCII~Ea.'JJq~.~-.....' "'f ~I!!'1'~r..... ,.;:~..... ....755 COUNTRY CLUB
JANUAIt~ i >'19&-7"H~ ""..'..... ,,','<}.N~...!l 'It I'~" ": 30 P.M.
. ..
ROAD
.......k
M I NUT E S
CALL TO ORDER
The Regular Meeting of the Shorewood City Council was called to
order at 7:30 P.M. Monday, January 26, 1987 in the Council Chambers.
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 Haugen, Stover, Gagne &
Brancel.
Staff
.
.
Attorney Froberg, Engineer Norton, Administrator Vogt,
Planner Nielsen and Clerk Kennelly.
APPROVAL OF MINUTES
Gagne moved, seconded by Stover, to approve the minutes of the
Regular Council meeting of January 12, 1987 to include corrections
on pages 4 and 5. Motion carried - 5 ayes.
RESCHEDULE PLANNING COMMISSION INTERVIEWS
Administrator Vogt announced the rescheduling of the Planning
Commission interviews from 6:30 P.M. January 12, 1987 to Tuesday
7:30 P.M. January 13, 1987 due to conflicts of Councils schedule.
PLANNING COMMISSION REPORT
Stover reported on the Planning Commission meeting of January 20,
1987. The Commission held Public Hearings on a variance for
William Henney, 26990 Edgewood Road; C.U.P. for Manitou Properties,
5620 County Road 19; C.U.P. to expand Administrative Offices to be
continued to February 3, 1987 and discussed the moving permit
for Sungold Homes and set a February 17, 1987 Public Hearing to
amend the Zoning Ordinance regarding roof pitch.
PARK COMMISSION REPORT
Commissioner Vogel reported on the proposed meeting between
Tonka Bay and Shorewood's Administrators to discuss the new dock
for Crescent Beach. The Commission would like to see Badger field
completed first this year. Plans for park shelters are being
collected from other cities to review for proposal for construction
at Manor Park. The Commission walked the trails at Freeman Park.
They would like to improve the trails and they want to make sure
that the drainage excavation for drainage done by the Shorewood Oaks
Project is restored. They would like the berms graded and additional
trails cut into the park this year.
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COUNCIL MINUTES
MONDAY, JANUAR~, 1987
page two
.
CORRIDOR STUDY RESPONSE
RESOLUTION NO. 7-87
Mayor Rascop stated that the Corridor Study would not be reviewed
again at this time but would accept public comments, he received
none.
Administrator Vogt submitted a Resolution listing the Councils
recommendations on the various alternatives suggested by the
Corridor Study. (Refer to attachment)
Mrs. Vogel questioned the plans for the proposed Old Market Road
intersection. Rascop explained BRW's recommendation for a bridge
connecting Covington Road and St. Albans Bay Road. This was not
supported by the Council due to the extensive cost and the Old Market
Road intersection being more desirable.
The Resolution will be forwarded to Metropolitan Council and MnDOT.
When MnDOT schedules the improvements the city will have the op-
portunity to comment on the plans.
Haugen moved, seconded by Gagne, to adopt the Resolution and position
papers as official response to the Highway 7 Corridor Study.
Adopted by Roll Call Vote - 5 ayes.
Vogt requested a volunteer from the Council to represent the Cities
view on the Corridor Study to be broadcasted on local cable T.V.
Haugen will be the representative.
C.U.P. FOR A SELF-STORAGE FACILITY - MANITOU PROPERTIES, INC.
John Smith of Smith Architects represented Manitou Properties in
their request for a self-storage facility at 5620 County Road #19.
He reviewed _a::..pre'Y'-ious_requestfo:r_anoutdoor::..stdrage-=:Ea:ci:lity _that
was withdrawnl LnHeu:z:;,eviewed. the; .new ,proposaL, f,or,:a 135,-,00(1 square fooD
storagebuildingoff,ice and residentmariager.housing."
'I'he remaining 1 acre on. the roadfrontageisplanned::for.futur.e -
commercial development, he explained the building design and site
improvements. An extensive discussion followed regarding the
proposed drainage plan, with ponding capability of holding 20,000
cubic feet of water. Signage was discussed, Haugen was opposed to
the signage on the building. She also wanted to see a market study
on the need for this facility in the area.
Norton referred to their Engineer's report (Sather-Berquist)
calculation on ponding capacity of 20,UOO square feet of water.
The property requires 11,000 cubic feet to handle its own run off
for the shopping center across the road in Tonka Bay. Gagne felt
that Shorewood should talk to Tonka Bay about the drainage problem
caused by the Shopping Center
Mr. Wells of Glen Road had the dike design clarified to make sure
that this would not cause him additional drainage flow.
Gary Streeter, representing the American Legion referred to a letter
they needed from Manitou Properties allowing the Legion to have
their drainage flow across their properties. They have not received
that written permission from them yet. This condition has caused
them not to be able to obtain a permit for their parking lot improve-
ment. Streeter feels the Legion received all their approvals and
permits a long time agoland they should be allowed to proceed before
Manitou Properties receives their approvals.
COUNCIL MINUTES
MONDAY, JANUAR~, 1987 ~
page three
C.U.P. FOR A SELF-STORAGE FACILITY - MANITOU PROPERTIES, INC. - cant.
Mr. Smith explained that their Engineer, Rich Sather, does not agree
with Engineer Norton's figures on run off. They did not want to
sign the approvals until instructed by their Engineer. Norton was
not aware of this disagreement with his calculation. He will discuss
this with Mr. Sather. Smith did feel an agreement between them and
the American Legion can be reached. Council would like to see ad-
ditional information on possible old drainage tile in this area.
They also discussed and recommended lighting that would not shine
outside the compound. Stover would like to see a final signage
proposal. Mr. Smith requested the Council to table this request for
submittal of additional information.
Haugen moved, seconded by Gagne, to table this request to February
9th,1987 for an agreement from the Engineer's (Norton & Sather) re-
garding the ponding and an agreement with the American Legion and
Manitou Properties on drainage. Motion carried - 5 ayes.
Pat Gorecki asked if watershed approval was needed and if so have
they received it? They have applied but have not received approvals
at this time. She felt they should have their approval like the
American Legion prior to coming to the Council for approval. She
complained about the filling at the former Handy property on Edgewood
Road. This property was filled without any approvals or permits.
Nielsen put a "stop work" on the filling subject to watershed approval
at this time.
HOUSE MOVING PERMIT
Mayor Rascop asked Engineer Norton for his report on the traveling
route to be used to "move the mobile home "_into 6115 Riviera Lane.
He stated that .he would like to have <thi,s' report in ..wri ting -along i ,-
with his verbal report in-the future. Mr. Harry Kreslinswas pre-
sent to represent Mr.-Funk-in his absence;
Norton reviewed his conversation with the home mover, Ken: Borgstall
of Wandering Wheels. Mr. Borgstall felt there would not be problems
with length, clearance or turning radius due to the design and
placement of the axels. Norton asked him to call him back with
information on arrangements for police escort, time of day and
movers license. He has not returned to Norton with these items
to date. Attorney Froberg spoke to Mr. Borgstall, he informed him
that he was not a licensed house mover as required by City Ordinance,
but he would make arrangements to transfer the home to a mover at the
Shorewood limits.
Haugen moved, seconded by Gagne, to continue until the February 9,
Council meeting to obtain the house movers name, license and bonding,
police escort cost, time schedule and easement for the driveway.
Motion carried - 5 ayes.
SBOREWOOD OAKS
PETITION FOR IMPROVEMENTS
Mr. Dave Johnson was present to submit a petition requesting local
improvement for the Shorewood Oaks Development. He explained that
he had received plat approval prior to becoming seriously ill.
The project was dropped at that time and he is now starting the
necessary procedures over again. A Public Hearing is set for
February 3, 1987 for preliminary plat approval.
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COUNCIL MINUTES
MONDAY, JANUARY~, 1987
page four
~
SBOREWOOD OAKS - PETITION FOR IMPROVEMENTS - cont.
Attorney Froberg submitted two Resolutions for approval, petition
and Resolution determining the validity and sufficiency of
petition for construction of improvements and Resolution ordering
preparations of feasibility report. He will also need to review a
title opinion or title interest and a letter of credit of 150% of
the improvements. This petition calls for all the improvements
installed to be assessed back to the project totaling, including the
feasibility report.
Petition for Improvement and Resolution RESOLUTION NO. 8-87
Determining Validity
Haugen moved, seconded by Gagne, to accept the petition for im-
provement and adopt the Resolution determining validity for the
Shorewood Oaks Development subject to the Attorneys receiving the
title opinion. Motion carried - 5 ayes by Roll Call Vote.
Preparation of Feasibility Report RESOLUTION NO. 9-87
Gagne moved, seconded by Haugen, to direct the preparation of the
feasibility report. Norton will submit an estimate of cost of
report to be paid for by Mr. Johnson prior to preparation of that
report. Motion carried by Roll Call Vote - 5 ayes.
Administrator Vogt recommended that the Council appoint a.Bonding
Consultant and Bond Counsel regarding these proposed improvements.
Stover moved, seconded by Gagne, to appoint the firm of Springsted, Inc.
as bonding consultants. Motion carried - 5 ayes.
Stover moved "seconded .byGagne, to appoint Curtis A. Pearson. of
Wurst ,'Pea'rso'I1,' Larson & ,'Unde'rwood as Bond Cbunsel~' Motion
carried - 5 ~ye~.
COUNCIL BREAK '- 9~3l P~M. - 9:39 P.M.
CONTINUATION OF REQUEST ON STREET VACATION - MARK SWEDLUND -
FERNCROFT DRIVE (SUNRISE LANE)
Council did an on site review of the land proposed for a exchange
of existing access (Sunrise Lane) for the South 33' of the lot
adjacent. Gagne did not like the idea of the proposed access being
8' from the adjoining neighbors garage. Mark Swedlund was requesting
this exchange in hopes to create 3 new buildable lots with the Wang
property, without it only two (2) lots besides the existing house
could be developed. His request would best benefit Mrs. Wang, owner
of the property at 21105 Minnetonka Boulevard. Nielsen indicated
that two (2) of the three (3) new lots would require lot width
variances. The Planning Commission did not submit a recommendation
due to the Council's policy not to vacate "fire lanes".
Mr. Swedlund feels that if the exchange is not made it creates a
hardship to have a 40' lot separated by the current access.
Gagne moved, seconded by Stover, to deny the request to set a public
hearing for street vacation stating no hardship proven and that it
would be poor planning to create lots requiring variances. Motion to
deny carried - 5 ayes.
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COUNCIL MINUTES
MONDAY, JANUARY., 1987
page five
.
ATTORNEYS REPORT
Eureka Road Drainaqe Easement
A financial proposal has been submitted to the Majestics for their
consideration. No response has been received at this time.
ENGINEERS REPORT
Discussion on Traffic Count - Christmas Lake Road
Engineer Norton reviewed the traffic studies done in 1971 and 1976.
He then discussed plans for the newly requested traffic study and
was informed by traffic Engineer Bob Morast that meter tapes can
not be used in the winter due to snow plowing weather conditions.
Norton called MnDOT and BRW to obtain traffic count information
from their current corridor study, but they didn't set up meters
so no counts were obtained. He did find out that MnDOT has no
improvement scheduled this year for Highway 7/Christmas Lake Road
intersection.
Norton indicated that an on site person could do a traffic count
at a cost of about $2,000.00. This would provide turning move-
ments, count recordings, improper turns, u-turns and pedestrian
traffic, but would not include egress or ingress to Highway 7 from
Mill Street.
Bill Wrede feels that if Shorewood closes Christmas Lake Road, it
may force Excelsior to take action on the Mill Street/Highway 7
improvements. Haugen felt this could cause additional problems
on 2nd and 3rd streets instead. If the Engineer's were to do a
complete traffic study on the ,effected areas ,it could cost as
much as8, 600;.00.. Stover ~felt the~'~inforri1atianbbtained~fr.orri. and_'
on-site count was not the type of information we were looking for "
nor could she support the $2',000.'00 'cost. nNo .work will be !done ':1')'1('
on the Trafficsttidy -at this time.,
PLANNERS REPORT
City Hall/Badger Park Improvements
The continuation of the public hearing to discuss improvements to
City Hall and Badger Park area will be held by the Planning Com-
mission on February 3, 1987. Correspondence from an Attorney
representing residents on Echo Road, will be submitted in a report.
ADMINISTRATIVE REPORTS
Sprinqsted Letter - Refinancinq Bond Issue
A letter was received asking the Council to consider the refinan-
cing of a current bond at a lower interest rate and a savings of
net debt service costs. Gerard Shannon will explain to the
Council their options.
Labor Grievance
The grievance requested has been settled and will not have to be
paid. This would only have to be paid if a foreman is appointed.
The City has no plans to appoint a foreman.
-5-
COUNCIL MINUTES
MONDAY~ JANU~6, 1987
page Sl.X ..
.
ADMINISTRATIVE REPORTS - cant.
Sewer Back-up
A power company transmitter failed and caused the lift station
on Grant Lorenz Road to stop pumping. It caused a sewer
back-up in two (2) homes along Edgewood Road. Vogt feels this
will no longer happen when the Lake Ann interceptor is.in
operation. ,
Haugen and Gagne asked about ;';"lbner hat could be installed in
sewer lines to help eliminate~o infiltration. Engineer
Norton will contact Metro Sewer Board to consider this procedure.
MAYORS REPORTS
Mound Fire Department
Rascop stated his concerns that the Mound Fire Department should
familiarize themselves with the addresses and locations of the
houses on the islands. They were not able to locate a house
after a call.
LMCD
The LMCD has gone on record to support Skip Humphrey proposal
regarding BWI issue.
A meeting between Met Council and the LMCD has been set to discuss
the Met Councils opinion of a conflict of interest regarding the
acquisition of park property.
COUNCIL REPORT
Henney ,Req.u~st,!,__
Stover:reviewea,the,Henney,.request:..t;hat.willbe on the .next
Council Agenda.~' She wilT"not .be,.,a,t t,hat,meeting.,The"lot,
Mr. Henneyisrequesting't:o 'build onisal0 ,000 square-foot lake..
lot currently owned and used as access by three property owners
across the street. This lot has a grandfathered dock", and has
been charged a sewer assessment. The Planning Commission has
made no recommendation due to a split vote other than to return
the sewer assessment if determined not buildable.
Haugen reported on discussions by the Legislature that could
change the property taxes by removing school taxes and social
services. These services would then be handled by State taxes.
Stover felt the school district would oppose additional controls
by the State.
APPROVAL OF CLAIMS AND ADJOURNMENT
Haugen moved, seconded by Gagne, to adjourn the January 26, 1987
Council Meeting at 10:45 P.M. subject to approval of claims for
payment. Motion carried unanimously - 5 ayes.
-6-
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GENERAL & LIQUOR FUNDS - BILLS PAID SINCE JANUARY 21, 1987
CHECK NO
TO WHOM PAID
050039 (G) Evelyn T. Beck
050040 " Norwest Bk Mpls., N .A.
050041 " Henn. Cty Property Tax
050042 (L) AT&T Consumer Products
050043 BellBoy Corporation
050044 Flaherty's Happy Tyme Co.
050045 Griggs, Cooper & Co.
050046 Eagle Wine Co.
050047 Johnson Bros Wholesale Co.
050048 Jude Candy & Tobacco Co.
050049 Mark VII Distributors, Inc.
050050 MN Suburban Newspapers
050051 "MN Bar Supply, Inc.
050052 " Northwestern Bell
050053 " NSP
050054 " Ed Phillips & Sons Co.
050055 " Pogreba Distributing, Inc.
050056 " Prior Wine Co.
050057 " Rbks Corp/Nelson Delivery'
050058- LC--'-L 'Quality -Wine ,& 'Sp i r it's -Co l
0500~9 ." Twin City Wine Co.
050060 'l.--WasteMgmt - Savage
050061 (G) St. Paul Book & Stationery
050062 " AmeriData Systems, Inc.
050063 " American Planning Assoc.
050064 " Albinson
050065 " Earl F. Andersen & Assoc.
050066 " AT&T Consumer Products
050067 " AT&T
050068 " Bob's Personal Coffee Svc.
050069 " Carver Cty Auto Body & Svc
050070 " City of Tonka Bay
050071 " D.R. Copier Svc. Inc.
050072 " Rolf E .A. Erickson
050073 " Excelsior Florist
050074 " Gross Office Supply
050075 " Harmon Glass
050076 " Henn Cty Treasurer
050077 " International Salt Co.
050078 "Metropolitan Waste Ctr.
050079 "Minnegasco
050080(G&L) MN Mutual Life Ins. Co.
050081 (G) Northwestern Bell
050082 " NSP
050083 " Orr-Schelen-Mayeron & Assoc
050084(G&L) Physicians Health Plan
050085 (G) Judy Quaas
050086 " S.L.M.P.S.D.
050087 " Vessco, Inc.
050088 "Waste Mgmt - Savage
050089 " Gov't Training Svc.
050090 " Daniel J. Vogt
PURPOSE
AMOUNT
Mileage & Mtg Expense
MN GO IMP SER A 12-84 Bond
Mailed & Returned Postal Verif.
Telephone Service
Liquor Purchases
Pop Purchases
Liquor Purchases
Liquor/Wine/Pop Purchases
Wine Purchases
Cigarette/Mise Purchases
Wine Purchases
Advertising
Genl Supplies/Pop Purchases
Utilities/Advertising
Utilities
Liquor/Wine Purchases
Beer/Mise Purchases
Wine Purchases
Shipping Expense --Wine/Liquor
Wine Purchases
Wine Purchases
Garbage Removal
Computer Furniture/Office Supp-Finan.
Computer Purchase - Planning
Subscription Renewal - Planning
Technical Reproductions - Planning
Traffic Control Signs
Telephone Svc - Public Works
Telephone Svc - City Hall
Coffee, Towels - City Hall
Painting of File Cabinets - City Hall
4th Qtr, '86 Water/Sewer Purchase
Repair of EP-3l0 Copier - City Hall
January, 1987 Assessing Fee
Funeral Arrangement - Feichtinger
1099 Misc. Forms - Finance
Truck Repair - Public Works
Prisoner Expense - Dec. '86
Salt - Ice Control
Feb. '87 - Sewer Service Charges
Utilities - City Hall/PW/Badger
Employee Accid/Sickness Ins. - Feb.'87
Telephone Svc - City Hall/PW/Parks
City-Wide Electricity
Engineering Fees - Dec. '86
Empl. Health Ins. - Feb. '87
Janitorial Svc/Cleaning Supp - CH
February, 1987 Budget
Chloride Injector Repair - Badger
Garbage Removal - City Hall
Conf. for Newly Elected Off. - Brancel
Payroll Check for 01/18/87 - 01/31/87
$ 34.94
135,781. 25
24.50
17.45
2,295.13
119.40
138.57
5,135.42
1,302.99
2,346.94
33.00
69.12
97.60
150.89
263.75
536.93
825.15
776.13
834.50
422.03
244.75
10.00
640 . 13
4,068.50
25.00
5.70
312.60
6.75
23.25
93.50
285.00
449.64
75.60
1,650.00
43.00
5.69
180.02
90.00
667.74
19,910.06
809.94
124.61
345.26
999.97
2,307.27
2,775.55
145.09
25,547.37
Well 31. 37
74.00
20.00
952.29
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GENERAL & LIQUOR FUNDS - BILLS PAID SINCE JANUARY 21, 1987
CHECK NO
TO WHOM PAID
050091
050092
050093
050094
050095
050096
050097
050098
050099
050100
050101
050102
050103
050104
(G) Frederick Sherry Off. Supply
" Mary Ann Meyer
(L) Ryan Properties, Inc.
" Harry Niemela
" Russell Marron
(G) Evelyn T. Beck
(G&L)The Bank Excelsior
(G) Patricia Helgesen
" Public Emp1. Retire. Assoc.
" Commissioner of Revenue
" ICMA Retirement Corp.
" City County Credit Union
" Child Support Enforcement
" AFSCME Local 4t224
. PAYROLL CHECK LIST
PURPOSE
Desk - Finance $
House Purchase Payment - Feb. '87
February, '87 Rent
February, '87 Rent
Mileage - January, '87
Mileage - 1/21/87 - 1/29/87
01/31/87 Payroll - FWH,FICA, Medic.
Mileage - Planning
01/31/87 Payroll - PERA
" "- SWH
" "- ICMA
" "- Credit Union
" "- Income W/H Order
" "_ Union Dues-Feb. 187
SUBTOTAL - GENERAL
SUBTOTAL - LIQUOR
AMOUNT
275.80
1,055.00
1,765.00
970.00
12.60
42.42
3,879.13
13.65
1,208.86
758.37
465.00
32.00
140.50
77 .50
$205,853.80
$ 18,967.37
20"0948-200954 VOID Printer Adjustment 0.0
/.1..Jl,l":J )_1 20095S,<(G). Sandra L. Kennelly 80 hrs 702.47
200956 " Susan A. Niccum 80 hrs 462.34
200957 " Shelly L. Trinka 80 hrs 333.10
200958 " Evelyn T. Beck 80 hrs 590.08
200959 " Kathleen G. Schwank1 80 hrs Reg. 15.25 OT, Retro Pay 678.11
200960 " Bradley J. Nielsen 80 hrs 774.13
200961 " Patricia R. Helgesen 64 hrs 454.41
200962 " Charles S. Davis 80 hrs Reg. , 4 hrs OT 421. 35
200963 " Dennis D. Johnson 80 hrs Reg, 2 hrs On Call 587.91
200964 " Daniel J. Randall 80 hrs Reg, 2 hrs On Call 587.91
200965 " Howard Stark 80 hrs Reg. 516.57
200966 " Ralph A. Weh1e 80 hrs Reg, 4 hrs OT 540.02
200967 Donald E. Zdrazi1 80 hrs Reg. 807.01
200968 Martey Jakel 52 hrs, Retroactive Pay 252.26
200969 Chr~stopher G. 0' Neill 4.5 hrs 19.96
200970 Randall E. Bush 51.5 hrs 208.33
200971 James P. Woog 51.5 hrs 183.64
200972 Donald R. Abresch 48.5 hrs 182.40
200973 (L) Russell R. Marron 80 hrs 486.79
200974 " Robert F. Nash 41 hrs 198.85
200975 " Christopher Schmid 39 hrs 142.87
200976 Donald Thara1son 8 hrs 37.67
200977 Ross Nasset 14.5 hrs 69.92
200978 John F. Thompson 37 hrs 163.56
200979 John F. Josephson 24 hrs 101.33
200980 William F. Josephson 80 hrs 518.75
200981 Susan M. Latterner 36 hrs 140.59
200982 Steven D. Maeger 62 hrs 262.24
200983 Christopher J. Meyer 20 hrs 93.65
200984 Dean H. Young 80 hrs 486.82
200985 Joel S. Bovee 15 hrs 72.75
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ORR .SCHELEN. MAYERON & ASSOCIATES, INC.
Consulting Engmeers
Land Survevors
February 5. 1987
City of Shorewood
5755 Country Club Road
Shorewood. MN 55331
Attn: Mr. Dan Vogt. Administrator
Re: Sungold Homes
House Moving Permit
"
City Officials:
I have been in contact wi th Mr. Ken Borgstahl whose company "Wanderi ng
Wheels". will, be bringing the housin9"CunitstO- ,Shorewoodfi:lr Sungold HO!11es.
My phone eoover,s'ation'w'i th hoim; 1'/16787., cLi.scussed'such item's as:
1. Cl earance'
2. He; ght ,
3. TutningHRadius~
4. Width .. ,i
5. Wei ght
After discussing these issues with him it sounded as though there would not
be a problem with the proposed route. However. Mr. Borgstahl seemed unaware
of the actual route. As a result. I asked him to supply more specific
information after he had reviewed the route. I did not receive any
additional information so I tried contacting him again. He was unavailable
but I did talk to his wife 1/26/87. She said her husband was out of town
for the week. I told her I wanted to talk to him about the issues mentioned
previously as well as:
6. Time of Day for Delivery &
7. Police Escort
While I left my name and number with Mrs. Borgstahl as yet live not been
contacted nor have I received any of the information I've requested. As a
resul t from an engi neeri ng standpoi nt I cannot approve the route or the
house moving permit at this time.
7
,
.
.
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
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: 1 JANUARY 1987
RE: HENNEY, WILLIAM - CONDITIONAL USE PERMIT AND VARIANCES
FILE NO.: 405 (86.59)
BACKGROUND
Mr. William Henney has requested a building permit to construct a single-family
dwelling on the property located at 26990 Edgewood Road (see Site Location map-
Exhibit A, attached). The property is quite substandard relative to the R-1A
zoning district in which it is located. It is only 50 feet wide (120 feet is
required), and 10,950 square feet in area (40,000 square feet is required). As
a consequence of these nonconformities the applicant has requested the following
approvals:
a. Conditional Use Permit (C.U.P.) to develop a substa?dard lakeshore lot
b. Variance to lot area and width requirements (the lot does not meet at
least 70 percent of the width and area requirements for the R-1A district)
c. A side yard setback variance (a total of 30 feet is required with no less
than 10 feet on anyone side)
In addition the applicant has requested a ten foot variance to the lakeshore
setback - presumeably due to the location of structures on adjoining lots.
The applicant explains why he feels the C.U.P. and variances are justified in
a letter dated 29 December (Exhibit B, attached). Exhibit C contains a proposed
site plan, and proposed butlding plans are contained in Exhibits D - Go. The
proposed house contains 2579 square feet of area.
A Residential Community on Lake Minnetonka's South Shore
?
.
.
Re: Henney, William-CUP & Variances
1 January 1987
ISSUES AND ANALYSIS
Substandard Lots.
Section 200.03 Subd. 2c.(3) of the Shorewood Zoning Ordinance provides criteria
for the development of nonconforming lots of record. The applicant's proposal
fails to meet two of the four requirements for a buildable lot. First, the area
and width of the subject property are not within 70 percent of the R-1A district
requirements. The width of the lot is 42 percent, and the area of the lot is
27 percent of R-1A requirements. Secondly, despite a relatively narrow building
design, it does not comply with the setback requirements of the Shoreland District.
Evaluation Criteria.
Section 200.04 Subd. 1d.(1) contains criteria for evaluating conditional use
permits. Section 200.05 Subd. 2 contains criteria for granting variance requests.
The applicant addresses many of these criteria in his letter. Two of his comments
deserve some clarification. First, he references that the property has been
assessed for sewer. This does not guarantee that a lot is buildable. In the
past, sewer assessments have been refunded when lots were determined to be
unbuildable.
With regard to similar variances having been approved in the nearby vicinity,
the one r~ferenced by the applicant is the Robert Bergstrand request. He was
granted a variance to expand a nonconforming structure on a 50 foot lot. As
you may recall he was allowed to add a second story to an existing structureA
One very important criteria for evaluating variances is that the need for a variance
can not be a result of actions by the owner. The reason this issue has been raised
is that, at some point in the past, the easterly 16 feet of the original lot was
sold to the owner of the property to the east. Had this not been done, the side
yard setback variance would not be necessary. The City Attorney has requested
that the applicant provide evidence that this was not the action of the current
owners.
Notification of the DNR.
The Zoning Ordinance requires that the DNR be notified 10 days prior to public
hearings for variance and C.U.P. requests. Inadvertently this notice was not sent
out in time. Consequently it is recommended that the hearing be continued for at
least two weeks, pending response from the DNR. 1 apologize to both the applicant
and the Commission for this delay.
Shoreland Impact Plan.
Upon review of the Shoreland District requirements it was found that.a "shoreland
impact plan" must be submitted for the development of a substandard lot in the
Shoreland District. The applicant should submit such a plan containing the
following:
- 2 -
.
.
Re: Henney, Will iam-CUP & Variances
1 January 1987
1. Proposed grading plan including provisions for erosion and sediment control.
2. Existing vegetation and proposed landscaping.
3. Proposed maintenance of landscape features.
Character of the Area.
In his letter the applicant states that the proposed house will be consistent with
the neighborhood. It may be worth knowing more about the character of the area
in which the subject property is located, by elaborating on lot sizes in the
vicinity. The study area is considered to extend from the lagoon located 650 feet
west of the subject property to Elmridge Circle, approximately 1600 feet east
of the site (see Exhibit A).
The lots in that vicinity which are south of Edgewood Road are quite large and
many are capable of further development. The smallest lot on that side of the
street is 115 feet wide and 32,545 square feet in area.
On the north side of the street 19
in width from 20 feet to 225 feet.
median lot width is 118 feet. The
side of the street.
lots (not including the subject property) range
The average lot width is 115.4 feet and the
subject lot is the third smallest lot on that
Lot area on the north side of the street range from 5663 square feet to 82,764
square feet. The average area is 38,178 square feet and the median lot area is
39,871 square feet. The subject property is the fourth smallest on that side
of the street.
RECOMMENDATION
This request represents the first test of Shorewood's Zoning Ordinance relative to
the buildability of a substandard lot of record. As such, the City's decision
may establish precedence for future requests.
Given the potential sensitivity of this case, it is suggested that no decision be
made until the City Attorney has reviewed it from a legal perspective. It is
also very significant to know if the current owners of the property were responsible
for selling the easterly 16 feet of the original lot. It is therefore recommended
that the public hearing be continued for at least two weeks during which time the
DNR will be notified of the hearing, the applicant should submit a shoreland impact
plan and the City Attorney can render a legal opinion relative to the request.
If there are any questions relative to this matter, please do not hesitate to
contact my office prior to,Tuesday night's meeting.
BJN:ph
cc: Dan Vogt
Glenn Froberg
William Henney
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WILLIAM H. HENNEY Attorney at Law
Admiued in Minnesota and Florida
17717 Highway 7
Minnetonka. MN 55345
(612) 474-4406
(612) 474-48.'J8
December 2~ 198~
City of Shorewood
clo Rradl~y Nielson
5755 Country Club Road
Shorewood, MN 55331
RE: ?6990 Edgewond Road
Shorewood, MN
( .. Property" )
Dear Mr. Nielson:
As you may know, I have an agreement for the purchase of the
above-referenced Property from its three (3) owners, Phyllis
Lovri en. Mr. and Mrs. Ed Wartman and Ronald Of stead. If J
complete this transaction to purchase the Property. it is my
intention to build for myself a single family house of
approximately 2000 square feet.
However, before this transaction occurs, the City of Shorewood
must approve a conditional use permit, lot area variance and side
set back variance.
There are several reasons why the City of Shorewood should
approve this r~quest and grant a building permit:
1. The proposed use of the Property will be compatible with
present and future land uses of the area. Specifically, the
proposed 2000 total square foot single family home is of a siz~
and type consistant with the neighborhood, which is comprised
entirely of single family homes.
2. It is not anticipated that the construction of the
proposed structure will depreciate the immediate or general area,
nor impair established property values in the neighborhood.
3. It is anticipated that the proposed home will not
overburden the City's public services capacities, nor will it
unreasonahly increase the use of Edgewood Road.
4. In 1. 973, the City i nc;ta 11 ed sewer servi ce to th"e
Property and assessed the Property the sum of $1831..00. which is
being paid over twenty (20) years, along with the real pc;tate
taxes, which were $2513.34 in 1986. Certainly, the Property must
have been deemed a buildable lot prior to 1973 in order to
install and assess for a sewer hookup.
Exhibit B-1
APPLICANT'S REQUEST LETTER
.
.
5. Over the past several years, other variances for the same
or similar purposes have been granted to.other property owners in
the immediate vicinity, including a variance for a building
constructed at 27100 Edgewood Road.
6. Although this applicant would have preferred a larger
lot. there is no available land adjacent to the Property to add
to the Property.
The proposed u~e of the Property is the only reasonahle use of
the Property and doe~ not impair the public'~ health, safety or
welfare. The requested variances are the minimum variance~
necessary for the proposed home. For the ~oregoing reasons, the
request should be granted.
Sincerely,
~~
William H. Henney
Attorney at Law
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Subject
REPLY
Date 1-(3 -87 Signed &~-"f,lJf~!~~~
-No 9 fOLD
-No lOfOlD
Date
Signed
WilsonJones
GRAYLlNE FORM 44-902 3-PART
Cl983' PRINTED IN U.S.A.
RECIPIENT -RETAIN WHITE COPY, RETURN PINK COpy
1184
$I;NDER-DETACH AND RETAIN YELLOW COPY. SEND WHITE ANDPtNK COPIES WITK~>~T..,.
.
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.
April 24, 1984
Mr. Herb Mason
301 N. She1ard Parkway
St. Louis Park, MN 55426
Mr. Dave Garber
26980 EdgewoodRoad
Excelsior, MN 55331
Dear Sirs:
I am writing you on behalf of the owners of the 1akeshore lot located
between your properties on Lake Minnetonka. As you know, we are interested
in selling that property; the purpose of this letter is to suggest a
proposal which we hope will be of interest to you.
This proposal concerns both selling price and suggested terms. We have had
a recent appraisal which shows an estimated market value of $62,000. We
realize that this estimate includes a realtor's commission which might be
as high as 10%, implying an actual market value of about $55,800. We
propose a selling price to you of $53,000 with the following terms:
(1) Payment in full at the time of sale.
(2) Sellers pay all outstanding assessments.
(3) Buyers pay real estate taxes due in 1984.
(4) Sale would be from current owners to you as joint owners;
division of property if desired would be done by you after
the time of sale.
Payment of taxes by you after division of the property may result in
significant tax savings if this enlargement of your current 1akeshore
property can be homesteaded; the lot, presently undeveloped, is taxed at
the higher non-homestead rates.
This proposal represents a consensus of the current owners. It would appear
that our mutual interests could be well served since we definitely wish
to sell and the addition of this property would both enhance the value and
preserve the desirability of your current properties. Mrs. Lovrien has offered
to host a meeting where we could discuss this situation; we are prepared to
meet with you as soon as convenient. I sincerely hope we can come to an
agreement satisfactory to all concerned.
Sincerely yours,
.
Ronald F. Ofstead
for the owners: R. F. Of stead
E. E. Of stead
Mrs. J. K. Lovrien
Mr. & Mrs. E. Wartman
~
~' .
STREETER
ANDRUS
.
17809 HUTCHINS DRIVE, MINNETONKA, MINNESOTA SS:W3, PHONE (812) 474-5291
REALTORS
,February 6, 1984
~
Mrs. J. K. Lourien
27095 Edgewood Road
Shorewood, Mn. 55331
Dear Mrs. Lourien,
Following your request we have inspected the property located at
Edgewood Road. This property is legally described as Lot 4,
Block 2, Sampson~s Upper Lake Park.' This inspection was made
with the intent of providing you with our opinion of the current
market value of the property. This letter is not a formal or
documented appraisal of this real estate; but rather an express-
ion of our opinion; based upon personal inspections and a study
of the discoverable factors that affect the value of the property.
Based upon our research and investigation, our experience as a
REALTOR and real estate appraiser, it is our opinion that the
above captioned property has a market value as of February 3, 1984
as follows:
SIXTY TWO THOUSAND AND NO/IOO DOLLARS
. . .
. . . . . . ($62,000.00).
We have no present or contemplated interest in the property under
appraisal nor is our fee contingent in any manner upon the value
reported. We understand that we shall not be required to appear
in court or before any board or governmental body by the reason
of the completion of this assignment without predetermined arrange-
ments and agreements.
~~
Carl Kerner, IFA
Streeter~Andrus Real
Estate, Inc.
~i t (/~'!'
I ., I "
~.C.(&i("/~ 7
, ,
Gerald Belgr~ , Appraiser
Streeter-An s Real Estate, Inc.
Respectfully submitted,
CK-GB/n
. RESIDENTIAL . COMMERCIAL . APPRAISALS . LAND DEVELOPMENT
~ STATE.
^ . lM[Al]rn~@1i~
DEPARTMENT OF
.
NATURAL RESOURCES
PHONE NO. 296-7523
1200 WARNER ROAD, ST. PAUL, MN 55106
FILE NO.
January 13, 1987
Mr. Bradley J. Nielsen
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
RE: WILLIAM HENNEY - CONDITIONAL USE PERMIT AND VARIANCES -
CITY FILE NO. 405 (86.59)
Dear Mr. Nielsen:
Thank you for the opportunity to comment on the above-referenced
proj ect .
It appears that the City's requirements for the "R-IA" Single Family
Residential district are more restrictive than the Shoreland overlay
district. Therefore I will comment only in regard to DNR' s minimum
guidelines for General Development Lakes.
Although the lot in question is substandard with regard to the
shoreland district dimensions, the Department of Natural Resources
would not object to the City's approval of this project if:
1. the lot is in separate ownership from abutting lands,
2. the sanitary and dimensional requirements of the Shoreland
District are complied with insofar as practical, and
3~ the need for the variance is not created by the landowner.
Please feel free to call should you want to discuss this matter
further.
Sincerely,
~~
Area Hydrologist
METRO REGION DIVISION OF WATERS
J21/dv
AN EQUAL OPPORTUNITY EMPLOYER
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FROBERG & PENBERTHY, P.A.
A TTORNEYS A T LA W
Glenn Froberg
James G. Penberthy
Paul B. Ah~n
17736 Excelsior Boulevard
Minnetonka, Minnesota 55345
(612) 474-8877
January 6, 1987
.
10: Bradley J. Nielsen
FROM: Glenn Froberg
RE: 26990 Edgewood Road
Variance Request and aJP Application by Wi 11 iam H. Henney
Pursuant to your request for a preliminary opinion on the request of
Wi 11 iam H. Henney for variances and a aJP allowing him to build a
private residence on the above-referenced property, the following is
submitted:
1. Fran the information I have been provided, it appears that
Phyllis Lovrein, Mr.-1lIld ,lVJrs..Ed Wartman, and Ronald. Ofstead are the
present,fee,.owner.s...o:f::theproperty. ,. ;ti~~..furtherJlPpears:xn8fth~...or:..:..._+~.._..
~he i r heirs'" li8.'VB.-beenrin:.U tle~:siiIDe::-lJeceni>er~29.., :l9-5s:,;aiid:'~tllah7tiu;e.,:;,.; :~. :;.;:
was t akeILimd&rdl1a-,:s:~gal.~ption-:;a~.-4B-pr~sent:lY'~c:::l'ecorded..for.--..-,--.
the property.oc-:."UDder.. oDdimmcesJmleffectJ at:: .the' titnei.,1"the' ,'Jot Woulti, tvA),,};'1 '
have been.:.:.cortsidermI-.x.--MtnTiidal1te#cilb..t~;. ....
2. In 1973 the City of Shorewood assessed this parcel for one
sewer unit. This special assessment has been paid down, since its
original assessment date, along with annual installments of real estate
taxes, and the property presently carries a fair market value for tax
purposes of $50,000.
3. In 1973 the City of Shorewood passed Zoning Ordinance No.
77, which placed the property in the R-1 zone. R-lA.zoning
requires 40,000 square feet for a buildable lot. ..
4. Ch or about Deceni>er 29, 1986, William H. Henney, as
contract purchaser of the property, indicated to the City his desire to
obtain a building permit to construct a private residence on the
property and submitted his application for certain variances and
Chnditional Use Pel'Clit as required. It would appear that he .wUI.need
to construct the building with a ten (10) foot side yard setback on
each side.
8
# ..
.
.
Bradley J. Nielsen
January 6, 1987
Page 2
lnasnuch as the lot is a substandard lot Wlder the present Shorewood
Zoning Ordinance, a Chnditional Use Pel'Clit is required for the issuance
of a building pennit. In order to grant a Chnditional Use Pennit for
such construction, the Shorewood Ordinance requires, moong other
things, that the area of the subject lot be within 70% of the
requirements of the Ordinance a.i"ld that setbacks and yard requirements
also be in conforel8Ilce with the Ordinance. Therefore, before a
Chnditional Use Pennit can be granted, two variances III1st first be
obtained:
1. lnasnuch as the subject lot is sanething less than 30% in
area of the requirement of the Ordinance, a variance fran the Ordinance
as to the area requirement would have to be obtained.
2. lnasnnch as the building would be ten (10) feet fran each
side yard lot line, and the shoreline requirement is twenty (20) feet,
an additional variance would be required for side yard setbaclts.
When considering the applicant's request for these variances, the
Planning Cbmmission should, in addition to the criteria set forth in
the Shorewood Zoning Ordinance, consider the statutory requirements set
forth for variances in M.S. 462.357, Subd. 6, which have been generally
adoptedcby, ...the.Q>urls..,Jnthei r..de~isjons "cQncerning the granting of
variances';;:':"';.;"",.,: .
Thi sstatut e-,:spe~ 4R.=.tel.'lIis4f;:;-!!undUe::tI;aNsbip::~~tl~se -of
ci rcuns'tancesiuDiqueitd r.hejndividuafti 'prbperW~' eonside:?atjiQhlt
and provitle:s-.efor' ihe:-granting oi"'suchftr8.1."i8nccs- ~t'1'scdenrinUtrated;"""'~"- 1 '
that sUCh :B.ctionS::lme :tn"keepingwitll"::the;;piTit-Etd 'intent "of'''the.'
Ordinance. ,. ,
"Undue hardship" is fOWld to exist when the following conditions are
present.
1. The property cannot be put to a reasonable use if used
under conditions allowed by the official controls.
2. ,Q11ie pI ightotth.e '18ndOwner 'lsdu.e'tocfrClinSt8ri.cesUnique"
to the property not created by the landowner.
3. '!he variance, i fgranted,wi 11 not alter the essential
character of the locality.
. ..
.
.
Bradley J. Nielsen
January 6, 1987
Page 3
The statute goes on to state that econanic conditions alone shall not
constitute an undue hardship if reasonable use of the property exists
under the terms of the Ordinance.
In the particular case under consideration, it appears that the present
landowners have made no changes to the property since they originally
took ti tie in 1956, at which time it was a "buildable" lot. It also
appears that the present owners cannot put this 50-foot lakeshore
parcel to any reasonable use under the terms and conditions of the
present zoning ordinance. The question for the Planning Omnission to
detelmine, then, is whether the essential character of the locality
will be altered if the variances, as requested, are granted.
As a matter of precedence, it should also be noted that on June 9,
1986, the Shorewood Counci 1 granted a 10-foot side yard variance to
Robert Bergstrand for the construct ion of a new garage on a simi lar
parcel of shore I and property, measuring 42 feet at the front building
line, tapering to 30.5 feet at the lake. This parcel contained
sanething over 12,000 square feet and was also in the R-lA,
single-f~ily, residential zone.
In deciding whether to order the City to issue a building pelmit and
grant a variance in situations such as this, the Courts have taken into
consideration the history of the ownership.of tlie, lot and whether, in
the-absenee:~n=a:~M-ianc.EF~~tb.e -_lQ7t:woure=JJe~11~-:fOfirriy(ither ',-~~ ~~.
purpose -"_'IT.~rjr,~.:;:Ye,~gjL~~~:filjpn:;:';~rt~G:!!~i..~.'~~is =oae~j,~_the:;;;~;:;''f
Courtfo:und<- thal,:1'.:to:t.ake "a.waY-fra:n_:1l1t.s=lo:t~~t~.arian~-,-~--,:~-
the adopthmEdfr;tlit& b:tdtb8nce,would,be,;:;,mJ"d. 'la,violat4oniofrdtieil ,~,).,-;
process ,,,..in~t---it,,WQald&~i.ve. ;tlle;p~pei'~Y;1)t;;anY~Ue-.::.!t~::;:tt:;,wen:t ...... ~ V"'Y7'
on tostat(F~,-tha;t-*~!'.the.:::obj -ections, -.ofH&djacent ..tA<yI-~::ara;;:no-rwi-thout
meri t whelD aesthetic values are taken into consideration. But in this
case, due to the peculiar size and shape of the lot, to deny a variance
would deprive plaintiffs of any use of their property; and even though
granting the variancernay work Scr.IC hs:rdhsip upon adjoining. property
owners ,we believe ... the ordinance itself, when the conditions it
prescribes are cooplied with, requires that the variance be granted. "
Please callr.le
'matter.
.
.
To: City of Shorewood
Planning Commission
Re: Application for Variances by William H.~enney
The undersigned, as the owner of adjacent land, opposes
the application of William H. Henney for setback, lot width
and area variances on Lot 4, Block 2, Sampson's Upper Lake park.
Granting of such variances would increase the congestion in
the public street, diminish property values within the neighbor-
hood, and have a negative effect on neighborhood aesthetics.
The lot for which the variances is requested is about 250'
deep by 50' wide, a total of 8,000 square feet. Two of these
dimensions differ drastically from those required by the city
for R-1A zoning:
City
Requirement
Proposed
Variance
% of
Minimum
Lot area
Lot width
40,000 square feet
120 feet
12,500 square feet
50 feet
32%
42%
The lot width, coupled with side setback requirements of 10
feet on each s:i.(ie,means, no,c:buildingoIl tl1e ..property.-@nJ;?e -
widerthan:...30 '..:feet~ '-',Tnt1=: _lot'.:is also2..i:ha.:.sma.lhestdnLtheneigh:"",
borhood ~',n rtI!he1.. houSe; am"c;Lotnlwill, )inot;~be nLn. keeplLng ~_wid:.hl"th.e~'l;"
Test of ":thE: neighborhol:11C:h.i'-:Jc-n";,,:'
; ,_ -
.'L..l.H"
The addition='-6f'another hou'se on;thec'narrow'Street wi'li'
also increase the congestion in an already 'congested=neighborhood:;.c.
Lakeshore property attracts more people and guests, and the
road is not sufficient to handle additional traffic.
:!,'1"'! .\,'.,
Granting this variance will also establish a damaging prece-
dent for the neighborhood. Other lots which are more than 100
feet wide could also be divided in the same manner, further
increasing the congestion in the neighborhood. The resul ting
effect is not the expected image of "lakeshore property". La,nd-
owners in this neighborhood' purchased their properties in reliance
on the assumption they would have privacy and space. Granting
this variance would be the first step in taking away what these
owners have paid for.
The uI].dersigned
"be denieq.
;,... .;j.'
respectfull~::::~~~ication
David Garber
26980 Edgewood Road
Shorewood, MN 55331
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,J::tnl.I.3r y ?O, l. 987
Citv of Shorewood
RE: Property between 26980 and 27010 Edgewood Road
Dear Council~e~bers,
We have been approached by our neighbors to either support or
object to the sale of the ::tbove described property and to the
construction of a single fa~ily dwelling which, we understand,
will require so~e variances to city building codes for approval.
This places us, as neighbors of the owners of the property and
those adjoining it, in an unco~fortable position.
Ap~th~ticallv we would prefer no ~ore develop~ent in Shcrewocd
SInce we moved here thirteen year5 ago to enjoy low popul::ttion
denSIty and abundant cpe~ sp::tces. However, we were aware when
we purchased the property that the land around us is priv::ttely
o w rl (l d .3 n d C D U I d r E' .:J 5. 0 r i ::"::1 b l;- e ::< p E' C t d t' vel [I F' IT, Eo n t s 0 IT, 1:'": t :i. IT, t' .
F (I T 1.. h E' ~' r. 0 F' t-' r t V in', 1.1 pst ion! :i t w (:I i.' 1 d see ITI to us t h .3 t t h pow n e r
should be granted variances which have been apprnved $arsi~ilar
5. i t u ::d.. i. (H,S i h the p .;3!::, t. 1 h e T p.'ar €' ITI a FI 'y' l.a k-e 10 t-s.\.J t'li C'h -,.:lP pe.;3 r. , '
L 1 t 1.. t ]] tl' J.... , j!-' t t . 1
:':"', ..€.:as .,'() 'E' 5ffl::i :pr ..'1.3n '..1:.15 o rd.? ar" Wille ,1 lave' 5:.'lDg Eo
f ::lli' i 1',.-' ho ri'f.:' "5: on then;.
t, ,0. c, U ril i n ~3 thE 0 b je c t.i n:.3 F' ~ r t j p ~.::. ,h ~'t V i::~ h.?! .j ,3 C h.3 n C E! t C'Il, :i:t k t"3 n
('.t l'fT te. pur.ct',.3'SE' tht,. f'rC!F'€'rt~.., wc-. C."H','t objf~Ct. t.o t.he owr,er5:.'
d Eo :':, i T' to t os e 11 t h :i 5:. F' f' 0 F' Eo T t 'y' f Co fit s h 1 3 tl E'~ S t IT, .';3 r k Eo t ...... .?J ], U E' .
Aesthetically it.'s a better view without a ho~e on the property,
reasonably, we have no basis for objection and rescind our
earlier objection.
Sincerely,
f)C1~7~~'
Dana L. Marcellus
Cha~otte A. Marcelius
27015 Edgpwood Road
Shorewood, MN 55331
.
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MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Kristi Stover
Robert Gagne
Barb Brancel
CITY OF
SHOREWOOD
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: 28 JANUARY 1987
RE: ANDERSON, WILLIAM - SETBACK VARIANCE
FILE NO.: 405 (87.01)
BACKGROUND
Mr. William Anderson has requested a building permit to construct a dining room
and family room addition on the southeast corner of his existing house, located
at 5785 Howard's Point Road (see Site Location map - Exhibit A, attached). The
existing structure is nonconforming in that it is 20 feet closer to the street
r.o.w. than the 50 feet required for the R-1A zoning district, in which the property
is located.
Section 200.03 Subd. 1k. of the Shorewood Zoning Ordinance provides for the expansion
of nonconforming, single-family residential structures under certain conditions.
One of these conditions requires that where a structure is too close to a lot line,
the City may require that the discrepancy be made up by enlarging the opposite
required yard space. In this case the rear yard setback would have to be increased
to 70 feet. Mr. Anderson has requested a setback variance, citing the location of
other structures on his lot as well as on oth~r properties, and the relative
shallowness of his property (see Exhibit B, attached).
The applicant's existing home measures 26' x 42.7' and contains approximately 1100
square feet of area not including the basement. The proposed addition is approx-
imately 15.5' x 22' and contains 730 square feet including both upper and lower
levels. The subject property is 126 feet deep, 197 feet wide and contains
approximately 24,822 square feet of area.
Land use and zoning surrounding the site are as follows:
West: single-family residential, zoned R-1A; and va cent lots, zoned P.U.D.
North and south: single-family residential, zoned R-1A
East: undeveloped, zoned R-1A
A Residential Communitv on Lake Minnetonka's South Shore
~
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.
.
Re: Anderson, William - Setback variance
28 January 1987
ANALYSIS/RECOMMENDATION
There are several factors which support the applicant's request for a variance.
First, the proposed addition will be 55 feet from the rear lot line. This not only
exceeds the R-1A requirement of 50 feet, but is also consistent with the location
of homes on adjoining lots to the north and south.
Secondly, the property is considered improperly zoned. The lot size of the subject
property is more consistent with the R-1C zoning district than with its current
R-1A zoning. As a consequence the required setbacks are disproportionate to the
size of the lot. This is recognized by the Shorewood Comprehensive Plan which
suggests that the area in which the subject site is located should be considered
for one to two units per acre. It is anticipated that future development of the
property to the east will involve a change in zoning. At that time it is highly
recommended that the subject site, as well as other undersized lots on Howard's
Point Road be included in any such change.
Finally, the subject property provides a good example of poor platting practice.
Despite the large width of the lot, its relative shallowness results in a
buildable area which is only 25 feet deep.
It is important to realize that the applicant's predicament is not the result of
his own action. His property was developed at a time when Shorewood's zoning
requirements were less restrictive. Given this and the preceding analysis, it is
recommended that the variance be approved as requested.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Bill Anderson
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LEGAL DESCRIPTION:
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Tract F, Registered Land
Survey Number 1, Hennepin
County, Minnesota.
x931.3
19871
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GENERAf:TES:
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Denotes iron monument
Denotes cross chiseled in concrete
Denotes existing spot elevation
Denotes proposed spot elevation
Denotes surface drainage
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Proposed
Prop'
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BENe:
Exhibit B
PROPERTY SURVEY
ProDosed addition shown shaded
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Exhibit CELEVATIONS
BUILDING
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CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
K risti 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: 31 JANUARY 1987
RE: CARLSON CLIPPER CORP. - SIMPLE SUBDIVISION AND C.U.P. FOR AN
OFFICE BUILDING IN THE R-C DISTRICT
FILE NO.: 405 (87.02)
BACKGROUND
Mr. Joe Gorecki, representing the Carlson Clipper Corporation has requested a
conditional use permit to convert the old house located at 6140 Lake Linden Drive
(see Site Location map - Exhibit A, attacl)ed) into an oUice building. He ,has
also requested a, simple subdivision.of the property on behalf of .the owner,
Robert Reutiman.
The property is currently zoned R-C, Residential-Commercial, and is subject to the
requirements of Section 200.19 of the Shorewood Zoning Ordinance. Surrounding
land use and zoning are as follows:
North:
East:
South:
West:
vacant lot, zoned R-3A
vacant lot, zoned C-3
Sullivan Center office building, zoned R-C
single-family dwelling, zoned R-1C
The subject property contains approximately 87,028 square feet in area. As shown
on Exhibit B, the applicant proposes to divide it into two, nearly equal-sized
lots. This division was previously approved in 1985. The owner failed, however,
to record the division within the required time specified by the Subdivision
Ordinance. Consequently his request must be reconsidered.
The existing structure contains approximately 2940 square feet of gross floor area,
divided among three floors. The applicant proposes to rennovate the building and
construct a parking lot in front of the building. Exhibit C shows the proposed
site plan.
A Residential Communitv on Lake Minnetonka's South Shore
10
.
.
Re: Carlson Clipper Corp.-CUP and Subd.
31 January 1987
ISSUES AND ANALYSIS
A. Subdivision.
When the proposed division was previously approved, it was subject to the two lots
sharing a common driveway and to the City Engineer's approval of a site grading plan.
The proposed site plan shows a driveway located on the property line between the two
lots. Also, according to the applicant, the grading plan improves the site distance
along Lake Linden Drive. This should be verified by the City Engineer.
With regard to the common driveway, the applicant's attorney should prepare cross-
easements and a maintenance agreement between the two lots. These should be reviewed
and approved by the City Attorney. The applicant must also prepare drainage and
utility easements 10 feet on each side of side and rear property lines.
Prior to release of the resolution approving the division, the applicant must pay
park dedication fees. The required fees for commercial property are $500 for each
20,000 square feet of lot area. Based on the size of the subject property, the
total is $2000.
B. Conditional Use Permit.
Section 200.19 Subd. 4c. allows professional and business offices by conditional use
permit and subject to four specific criteria.
1. Parking. The number of required parking stalls for office space is derived
by dividing the, gross floor area of the building" less 10 percent, by 200.
For the subject building the amount of parking required is 13-. stalls-.
While theprop()se4.~t.te plan shows that...many._stalls,-.theY--4o~ romp1:y wit1;1-
the dimensional requirements contained in Section 200.03 S\lb'd. 5d.(8).
Spec ifically ;'each'stall'is shown 'as 15 feet i.n 'length, ,where 20,..{'eet ,is, .,.w,
required.
The site plan should be redrawn, to scale, incorporating the following:
a. Parking stalls at least 9' x 20' in size.
b. A space at the south end of the parking lot for the two southernmost
cars to back out of their stalls (see Exhibit D).
c. A curbed separation between stall number 11 and the proposed driveway
(see Exhibit D).
d. The driveway and parking area should have continuous poured concrete
curbing around the perimeter.
e. The parking lots must be paved.
f. The proposed driveway should be widened to 24 feet.
g. Since trash receptacles often end up in parking area&, the parking lots
should provide an area where a trash receptacle can be located.
2. Access. The single driveway for the two sites will help to minimize traffic
conflict on Lake Linden Drive, as will the site grading. Also widening the
access drive to at least 24 feet will improve access to the sites.
- 2 -
.
.
Re: Carlson Clipper Corp.-CUP and Subd.
31 January 1987
3. Street Capacity. The Comprehensive Plan proposes Lake Linden Drive/
Yellowstone Trail/Country Club Road as somewhat of a minor collector
street. Given the proximity of the site to Highway 7 (300 feet) the streets
are considered adequate to accommodate the proposed office use.
4. Screening and landscaping is required where the subject site abuts residential
property. The applicant should be required to have a professional landscape
plan prepared providing screening along the rear boundary of the site. Also,
landscaping should be provided around the parking lot and in front of the
building. The landscape plan should also include an enclosure for the trash
receptacle.
C. Structural Integrity.
Having been inside the existing building, I have requested that the developer provide
a structural analysis prepared by a qualified engineer. This is attached as
Exhibit E.
Prior to issuance of a building permit, construction drawings, prepared by a registered
architect, must be submitted.
RECOMMENDATION
The proposed subdivision is consistent with the requirements of the R-C District.
While the proposed office use is generally acceptable, the site plan must be redone
and a landscape plan must be prepared. In addition the following should be required:
,1. The applicantm,ust ,submit,an,~p,.,.t;o-odate,,(within 30..days)titlceopinion.o
2. The applicant-'s attErrneymust"provicle drainageand.ol:1t:ili'ty,'easements.along side'
and rear property lines. He must also prepare cross-easements and a maintenance
agreement for the joint driveway. These must be approved by the City Attorney.
3. Park dedication fees must be paid prior to release of the Council resolution
approving the request.
4. The division must be recorded within 30 days of the date the applicant receives
the resolution approving the division.
5. A professional landscape plan must be submitted. The suggestions made in B.l.
above can be shown on this plan.
6. The applicant should be required to submit construction estimates for the costs
of rennovating the building and constructing the required improvements. Prior
to issuance ofa building permit, financial capability to complete the project
must be demonstrated.
- 3 -
.
.
Re: Carlson Clipper Corp.-CUP and Subd.
31 January 1987
7. Prior to issuance of a building permit, the applicant must submit a nonrevocable
letter of credit for one and one-half times the amount of required site
improvements (e.g. landscaping and parking).
8. Prior to issuance of a building permit, construction drawings, prepared by a
registered architect, must be submitted. From these, exiting and handicapped
requirements can be determined.
9. Signage plans should be prepared in compliance with Section 200.03 Subd. 11
of the Shorewood Zoning Ordinance.
BJN:Ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Richard Carlson
Joe Gorecki
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Exhibit A
SITE LOCATION
Carlson Clipper - C.U.P. and Simple Subd.
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TOPOGRAPHIC AND GRADING PLAN
FOR JOE GORECKI REALTY
IN LOTS 16 & 18, LINDEN PARK
HENNEPIN COUNTY, MINNESOTA
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LEGAL DESCRIPTION
Parcell. The South 130 feet of the North 295 feet of Lots 16 and 18 as measured at right angles to the North
line of said Lot 18, Linden Park, Hennepin County, Minnesota, according to the recorded plat thereof.
Parcel 2. The North 165 feet of Lot 18, Linden Park, Hennepin County, Minnesota accoding to the recorded plat
thereof.
Date : 1 ~6-87
Sc a Ie: 111 = 50 I
'''''2--: Existing contour(from city maps)
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COFFIN & GRONBERG, INC.
Engineers, Land Surveyors, Planners
Long Lake, Minnesota
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PROPOSED SITE PLAN
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Exhibit D
SUGGESTED PARKING LOT IMPROVEMENTS
CONCEPT aNSULT ANTS ENGINEaNG INC.
3525 Shady Oak Rd., Hopkins, Mn. 55343
January 9, 1987
TO: Carlson Clipper Corporation
Richard D. Carlson, ~resident
RE.
\
City of Shorewood \.
Building Inspections D~partment
Requested inspection and assessment of commercial building
located at 6140 Lake Linden Drive, Shorewood, MN.
As per Mr. Carlson's request I have inspected the brick and
stone building which I am informed was constructed in 1912
and have come up with the following list of assessments and
recommendations:
1. Considering its age, the exterior and foundations of the
building have settled very little over 75 years and probab]~
will remain stable from here on. The building is constructed
on a 20. base which is set in hard clay soil. The Southeast
corner has settled the most and is the apparent cause of most
of the cracking and movement which,has taken place. To
stabilize this condition.I recommend the following:
A. J/4": steel tie rods to be run at basement ceiling
, height on the inside perimeter of the building. each
rod extending outside through a minimum of a 4" draw
plate, therewith secured by a J/4" NC draw nut. These
rods. when in place, may be drawn tight slowly with the
result of closing any open cracks and also checking any
further movement. This tightening procedure should be
conducted over a several week period.
B. The center header which runs east to west supporting the
main floor joists should be replaced by steel and this
steel Reader should be tied with a box frame around the
present chimney foul'ldation(which appears very sound) at
ceiling height and with it thusly traveling the_ depth of the
building, it should be used tp tie the building (as a draw
rod) by being bolted, front wall (east) and back (west).
C. The newly installed header should rest on new steel sup-
ports floor to ceiling which should be based on new con-
crete footings at the front wall and back wall. The
present chimney footing is sufficient for center support.
The two new footings should be 10" thick by 2 sq. ft. min-
imum. I assume you.will find clay beneath the present
sand floor. '
2",
. .;
Begarding the "sanding out" of portions of the foundation
of the porch basement on the North wall, I recommenti that
the "soft" or "broken" sections be carefully removed and
re-poured to a J" thicker proportion thus allowing a ponring
space when "forming up II 'the se se c.t ions.
J. R~garding the innep clay tile support wall for the first or
m~in floor, this wall in certainrs~ctions is "tending" in-
ward and should be set.~ermanently in the proposed new con-
crete floor. This flopr should b~ poured with a perimeter
"footing" of 6 to 7 incheEt depth and 10" width and the foot-
ing should extend 1" beneath the inner clay tile. I advise
digging no further in than 1" so as not to disturb the exist-
ing support. As you have stated that the walls will be
studded. these studs will rest on the new footing and will
be secured to the tile wall, thus almost doubling the sup-
port strength' and integrity of these structures.
.
4. Regarding the floor joists of the main floor, you have agreed
that all chopped and/or weakened 'Joists will be replaced or
doubled up. This meets with my recommendations.
.
Exhibit E-I
'~ ....
ENGINEER'S EVALUATION
, .
"I
Carlson Clipper c.oration Assessment
6140 Lake Linden ,Shorewood, MN
~January 9, 1987
5. Regarding the "porch" area floor joists, basement view,
doubling up of these joists and replacement of the center
header is the obvious and recommended procedure.
6. Bhen weather permits, all obvious cracks in 'the exterior
brick and stone construction should be cleaned free of mor-
tar (as deeply as possible) and such joints to be remortared
(tucks pointed) taking care to fill each as deeply as possi-
ble with "high bond" miS!.
7. Moving onto the second floor or main floor, sssuming that
its base (its floor joists) are now'level and secure for
building up therefrom, the only apparent defect is again
in the ceiling joist system (tl1e "third floor" floor). The
original 2x8 construction is of course inadequate as demon-
strated by the severe sag in all members. An "each and
everyone" system of replacement should be conducted here
by laying in of a new joist alongside all existing ones.
2x8 would suffice for. this if those severely chopped/damaged
joists were sandwiched ,with two new replacements each. The
tension of this system should proviqe a bounce-free, non-
sag floor without losing ceiling height. The stud wall
which acts as the west header should be replaced sans the
doorway which you have stated will be unneeded. The east
laying header you have stated will be replaced with a stud
. wall which is opened 4' at its center with a columned arch- .
way. My suggestion is a double 2x8 header with sandwiched
plywood for spacing to wall thickness be used over the arch.
I assume and recommend a double top plate on all 2x4 stud
walls here used for header support.
8. The third floor is, stable and su:rfiQient in--all respects
save for the 32" spacing on the center roof rafters. This
section appears to have fared well considering its con-
struction and probably owes its good condition to the full
length planking used as a roof base. I do recommend however
that additional rafters be placed in between to give 16" o.c.
spacing thus also prov~ding better support for the third
floor ceiling which sagged in the past. Truss bridging may
be added whenever or whereever..possible to further add
integrity to this structure.
In summation I will state that the building appears quite
salvageable and I agree, is quite appealing in its present
design. The recommendations I have herein listed are of
course mostly common sense know-hpw of an experienced con-
tractor/remodeler. I have no doubt you will follow these
recommendations and end up with a very sound and at~ractive
building which will retain its integrity and value far into
the future. .
.
~. 'ft1. ~
Ernest M~ Carlson, President and
Senior Engineer - Mechanical
CONCEPT CONSULTANTS ENGINEERING, INC.
EMC:nc
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Exhibit E ~ Z.
ENGINEER'S EVALUATION
,
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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: 28 JANUARY 1987
RE: SHOREWOOD OAKS - PRELIMINARY PLAT
FILE NO.: 405 (87.03)
As you may recall the City approved a 73-lot plat called Shorewood Oaks in 1985.
Just prior to finalizing a development agreement with the City, the developer,
Mr. Dave Johnson, became seriously ill and was unable to continue the project.
He has now recovered from his illness and has asked to pick up the project where
it left off. Since the Subdivision Ordinance requires plats to be recorded within
a specified period of time, Mr. Johnson must repeat the platting process,
including the required public hearing.
This is considered somewhat of a formality, since the plat which was approved is
not being changed in any fashion. For this reason, a new staff report will not be
prepared at this time. To reacquaint you with the proposed development, we have
attached previous staff reports and minutes from meetings at which the project
was approved.
If there are any questions relative to this matter, please do not hesitate to
contact my office.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Dave Johnson
A Residential Community on Lake Minnetonka's South Shore
110-
eJ
.
REGULAR COUNCIL MEETING
- 5 -
July 22, 1985
ENGINEER'S REPORT
CATHCART AREA TIME SCHEDULE
Engineer Norton presented a time schedule for Cathcart area
road improvementlstorm sewer project. Gagne felt the problem
of weight restriction should be determined first to eliminate
further road deterioration.
"
SOUTHEAST AREA WATER SYSTEM TIMETABLE
Engineer Norton submitted a time schedule for the installation
of the SE developments of the City. Council authorized the
update of the water feasibility study.
SHOREWOOD OAK'S FINAL PLAT APPROVAL
RESOLUTION NO. 56-85
Geoff Martin, Paul Johnson, and Ray Brandt representing the
Shorewood Oak's project discussed the Engineer's and
Planner's recommendations for obtaining final approval.
Engineer Norton reviewed the question of drainage. He made
recommendations to provide for the gradual discharge of
storm sewer run-off as not to adversely affect the residents
near the drainage path. . H.e feLt a,new starm w:ater....rlrainage
plan drawing should be submitted bYH1:he developer.
Council reviewed the Planner's 6 Recommendations, making
some alterations' and added #7, subject to recommendation from
Minnehaha Watershed District.
Gagne moved, seconded by Haugen, to approve the final plat
of Shorewood Oak's subject to the 7 recommendations discussed.
Plat approved by Roll Call Vote - 5 Ayes.
(
.i
M.TES
REGULAR COUNCIL MEETING
MON., JANUARY 14, 1985
page three
RESOLUTION NO. 2-85
CIGARETTE LICENSES - 1985
Gagne moved, seconded by Stover to grant the 1985 Cigarette Licenses
as applied for by:
1.
2.
3.
4.
5.
6.
~:
9.
American Legion
Driskill's Super Value
Howard's Point Marina
Minnetonka Country Club
Plaza Tom Thumb
Snyder Drug
Village Pump
Skipperette
I.C.O.
Resolution carried by roll call vote - 5 ayes.
RESOLUTION NO. 3-85
1985 ORGANIZATION APPOINTMENTS
See attachment.
COUNCIL BREAK 8:15 P.M. - 8:20 P.M.
SHOREWOOD OAKS PRELIMINARY PLAT APPROVAL
RESOLUTION NO. 4-85
(
Geoff Martin of Dahlgren Assoc., Tim Phenow, Engineer, and David
Johnson, Developer, presented the new plans for their subdivision east
of Strawberry Lane and W. 62nd Street. 'The development will consist
of 73 single family homes on an average lot size of 22,000+ square feet
which complies with the R-2 zoning of that area. These homes will have
individual wells. Haugen inquired if they had tried to obtain municipal
water from Chanhassen. Martin said, Chanhassen wanted a formal request
from Shorewood before they would consider the request. 'The ponding
areas for the storm water drainage will be agreed on with the Park
Commission prior to final plat approval.
Gagne moved, seconded by Stover to approve the preliminary plat subject
to Planner's recommendations and the Engineer's approval of the
e~tension of their storm water drainage plan to extend to Strawberry
Lane. Motion carried by roll call vote- 5 ayes.
Engineer also recommended they review their plans for sewer service to
accommodate the properties immediately to the east that are currently
nonserviceable by sanitary sewer. Developer did agree to consider.
.
PUBLIC HEARING SET - VACATION OF ROAD RESOLUTION NO. 5-85
(
Attorney Larson advised that a Public Hearing is required in order to
vacate a portion of W. 62nd Street that borders the south side of
Shorewood Oaks property. Their intention is to include that land in
their project by requesting the vacation ,of that 33 foot strip bordering
the Chanhassen line.
~\
(.J
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, DECEMBER 18, 1984
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30
M I NUT E S
CALL TO ORDER
Acting Chairman Frank Reese called the meeting to order at 7:30 PM.
ROLL CALL
Present: Acting Chairman Reese, Commissioners Leslie, Boyd, Schultz and
Spellman: Planner Nielsen; Council Liaison Stover and Deputy
Clerk Niccum
Absent: Commissioners Watten (excused/out of town) and--Benson (excused/
death in family)
APPROVAL OF MINUTES
Boyd moved, Leslie seconded, to approve the minutes as written. Motion carried
unanimously.
PUBLIC HEARING - PRELIMINARY PLAT - SHOREWOOD OAKS
Mr. Geoff Martin, Planner; Mr. Tim Phenow, Project Engineer; and Mr. Dan
Reiland of Reiland and Johnson Construction, property owner were present.
Mr. Geoff Martin explained that, having had their previous P.U.D. turned down
by the Council, they are proposing an alternative plan with 73 lots on their
44 acres. The lots will have a 20,000 square foot minimum lot size with an
average of 22,335 square feet, averaging out at 1.79 units per acre. There
will be two trail accesses into Freeman Park. The road will run through the
project with entrances on Strawberry Lane and State Highway 7, and two cul-
de-sacs to the north and a loop to the south. Shorewood Oaks will request
vacation of the r.o.w. along the southerly border of the site. Sanitary sewer
will run off Strawberry Lane. A 33 foot r.o.w. will be provided to bring
Strawberry Lane up to code. Each individual lot will have its own well.
The storm water system will flow to the north into the proposed pond shown
on the Comprehensive Plan. Mr. Martin said they will work with the Council,
Planning Commission and the Park Commission on the design of the pond.
Public portion of the meeting closed at 8:02 PM.
Commissioner Leslie asked what specific changes had been made since the last
proposal.
Mr. Martin listed:
- fewer lots
- no internal park
- no sign with development name
- no landscaping
- all single family units
- no buffer
- no architectural control
- will not build water system (wells)
PLANNING
TUESDAY,
page two
COMMISSION MIN(~)
DECEMBER 18, 1984
.'
SHOREWOOD OAKS - continued
Commissioner Schultz asked about drainage. Mr. Martin said that they have a
storm w~ter sewer plan prepared by Strgar-Roscoe. The overall road system
will have drain tile beneath the surface and there will also be drain tiles
in the lots.
Commissioner Boyd asked what the average home cost will be. Mr. Martin said
it would depend on the individual builder and what he chose to build on the lot.
CommissIoner Reese asked about the lot prices and was told it would be somewhere
in the mid twenties.
Commission asked Planner Nielsen if the Park Commission would go along with the
drainage plan. He said he felt the Park Commission wanted an actual ponding
area to contain runoff. The new plan and design of the ponding area will go
back before the Park Commission for discussion.
Planner Nielsen also said the Building Inspector will require soil tests if
the builder plans to go lower than a half basement.
Commission questioned the northwest cul-de-sac on Daniel's Circle, wondering
why there is no catch basin. Mr. Martin said the street may be raised and
sloped, this will be decided at the time of final design.
Leslie moved, Boyd seconded, to recommend to Council to approve the Preliminary
Plat for Shorewood Oaks contingent upon the four recommendations of the Planner:
1. All lots should be adjusted in the final plat to conform to the width re-
quirements of the R-2 District.
2. The final plat should include 10' drainage and utility easements along all
rear and side lot lines.
3. Grading, drainage and utilities should be subject to the comments of the
City Engineer. Plans for the inundation area in Freeman Park should be
subject to review and approval by the Park Commission and the City Engineer.
4. The entry to Highway 7 must be constructed in conformance to the require-
ments of MnDOT.
Motion carried unanimously.
Planner Nielsen said that the storm drainage line that is now on Shorewood Oaks
Drive should be extended over to Strawberry Lane. He said that he will recommend
to Council that when Shorewood Oaks cuts Strawberry Lane to put the sewer in,
the City should lava piece of pipe across the street and put in a catch basin
to help solve the drainage problem in that area.
Acting Chairman Reese asked that it be recorded in the minutes that a letter
had been received from Carol Dartt, the owner of property at 6150 Strawberry
Lane, stating she is in favor of the project. She mentioned gas lines, saying
she hoped the area could be rid of the gas tanks.
Geoff Martin said they plan on running gas lines into Shorewood Oaks.
(
<.
(.
(.
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
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:
12 DECEMBER 1984
RE:
SHOREWOOD OAKS - PRELIMINARY PLAT
FILE NO.
405 (84.03)
BACKGROUND
Shorewood Oaks Development, Inc. has requested approval of a preliminary
plat for 73 single family lots on 44 acres of land located north of High-
way 7 between Strawberry Lane and Freeman Park. A letter from Geoff
Martin, Howard Dahlgren Associates, dated 9 November 1984 (yellow pages,
attached) provides thorough background information and a description of the
project.
As you recall, the developer previously applied for a planned unit devel~
opment and Comprehensive Plan amendment in order to increase the allowable
density on the site. Although that request was subsequently turned down
by the City Council, a number of issues which were discussed in that re-
quest, particularly drainage, are relevant to the new proposal. As such
it is advised that past staff reports be reviewed in conjunction with the
review of this plat.
ISSUES AND ANALYSIS
Based upon review of the preliminary plat, the Shorewood Comprehensive
Plan and the Shorewood Zoning and Subdivision Ordinances the following
issues are raised:
A. Land Use. The proposed single family residential development is
..consistent with.both the Comprehensive Plan and the current 1l...2
zoning of the site. As shown on the preliminary plat (. ttachment 2',),
the proposed density os 1.79 units per acre (based upon a 40,000
square foot acre). The Comprehensive Plan designates the site as
"low density residential (1-2 units per acre)".
A ResidentialCommunitv on Lake Minnetonka's South Shore
(.
PLANNER'S REPORT
12 DECEMBER 1984
page two
(e
A. Land Use - continued
The majority of lots within the project meet or exceed the lot area
requirements of the R-2 District. Lot 13, Block 4 and Lot 2, Block
3 are slightly smaller than 20,000 square feet (19,950 and 19,998
respectively). This is considered quite insignificant, particularly
since the average lot size is 22,335 square feet. It should be noted
that lots in the northeast corner of the site, adjacent to the active
play areas in Freeman Park, are considerably larger than the minimum
required size.
Four of the lots do not comply with the minimum lot width requirement
of 100 feet.
Lot 6, Block 1 - 90'
Lot 3, Block 2 - 95'
Lot 3, Block 4 - 90'
Lot 9, Block 5 - 85'
In discussing this with Geoff Martin, he indicated that all lots will
be adjusted to 100 feet in width as part of the final plat.
B. Streets/Circulation. The overall circulation pattern for the project
works quite well. Although a through-street has been provided between
Strawberry Lane and Highway 7, 48 of the lots (not including those on
Strawberry Lane) front on the interior street and the two cul-de-sacs.
The street widths, cul-de-sac diameters and lengths all conform to the
requirements of the Shorewood Subdivision Ordinance. It should be
noted that the rights-of-way are all 60 feet in width. The plat also
provides 17 feet of additional right-of-way for Strawberry Lane,
bringing it up to 50 feet.
Two areas of concern noted in the previous request have been discussed
with the City Engineer. First, the offset between the Street No. 1
and Maple Avenue intersections with Strawberry Lane is only 75 feet
from centerline to centerline. Normally intersections should be either
aligned or offset more than 125-150 feet. Since Maple Avenue current-
ly exists as a substandard (24 feet) right-of-way with a single gravel
driveway on it, and given the limited potential for further develop-
ment, this issue is not considered significant enough to warrant re-
design of the plat. The second issue relative to streets ~s the
curve radius of Street No.1. Although it is desirable to achieve
streets designed for 30 m.p.h. speeds, the City Engineer agrees that
this is not always possible. Based upon the overall design of the
plat, the curve in question is considered acceptable.
The plat proposes direct access to Highway 7. As part of the previous
request, the applicant submitted his plans to the Department of Trans-
portation for review and comment. Attachment 3 contains the recommend-
ations of MnDOT, which include among others the construction of a
right-turn lane from Highway 7.
(.
PLANNER'S REPORT
12 DECEMBER 1984
page three
(.
B. Streets/Circulation - continued
The developer has requested the vacation of an existing 33 foot right-
of-way extending across the entire south edge of the property. Ac-
cording to the City Attorney this requires a separate public hearing
which should be conducted prior to final plat approval.
A final issue related to streets is that the developer has not yet
named the proposed streets. Geoff Martin indicated that street names
will be submitted prior to the Planning Commission meeting on
18 December.
C. Drainage. As mentioned in the previous request, a major issue rel-
ative to the development of the subject site is drainage. The prop-
erty has a high water table which could result in wet basements if
not properly addressed. The City Engineer indicated that the storm
drainage plan for the original proposal was consistent with the City's
Storm Water Study, prepared in 1975. His previous review is contain-
ed in Attachment 4 of this report. Presumably the amount of runoff
from the current plat will be somewhat less than the previous re-
quest due to the decreased number of housing units.
It should be noted that the developer has agreed to cooperate with
the Park Commission relative to design of the inundation area within
Freeman Park.
D. Utilities. Again, this issue has been discussed in the Engineer's
staff report on the previous request. Two issues raised earlier
relative to water and sewer service have now been resolved. First,
the developer proposes individual wells for all lots. Secondly,
Met Council was concerned about the phasing of the project due to
capacity problems with the interceptor sewer serving that area.
Since the project is now consistent with the density esbablished in
the Comprehensive Plan, sewage flow should pose no problem.
E. Park Dedication. As requested by the Park Commission, park dedi-
cation will be required in the form of cash. In addition to which
the developer has provided trail easements for access to Freeman
Park.
RECOMMENDATION
Based upon the preceding analysis, and the direction given by the City
Council from the previous request, it is recommended that the preliminary
plat for Shorewood Oaks be approved subject to the following:
1. All lots should be adjusted in the final plat to conform to the lot
width requirements of the R-2 District.
2. The final plat should include 10' drainage and utility easements
along all rear and side lot lines.
3. Grading, drainage and utilities should be subject to the comments of
the City Engineer. Plans for the inundation area in Freeman Park
should be subject to review and approval by the Park Commission and
the City Engineer.
.
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GBlIBW, IRFOBHATIOR
Fee Title Owner/Developers:
Shorewood Oaks Development, Inc.
8200 Normandale Boulevard
Suite 301
Bloomington, Minnesota 55437
Contact:
Phone:
David Johnson
(612) 831-3201
Applicant/Consulting Planners:
Howard Dahlgren Associates, Inc.
One Groveland Terrace, Suite 102
Minneapolis, Minnesota 55403
Contact:
Phone:
Geoff Martin
(612) 377-3536
Consulting Engineers/Surveyors:
Strgar-Roscoe, Inc.
630 Twelve Oaks Center
15500 Wayzata Boulevard ~
Wayzata, Minnesota 55391
Contact:
Phone:
Tim Phenow
(612) 475-0010
TBB SITE
The property is located in the west central district of Shorewood (see Exhibit
A). The 44 ~ acre parcel is bordered by Strawberry Lane to the west, Freeman
Park to the north an east, and the Shorewood-Chanhassen city limits to the
south.
Access
Highway 7 fronts the southeast corner of the property and a legal access
point has been confirmed at this location by the Minnesota Department of
Transportation. Access is also available from Strawberry Lane to the west.
There is no vehicular access available through Freeman Park to the north
and east.
Natural Features
The vegetation on the property may be described as approximately 75 percent
mixed lowland woods with a predominance of elm, ash, basswood, poplar,
boxelder, and maple, and 25 percent old field. (see Exhibit C). the shrub
layer is predominantly sumac, buckthorn, and dogwoods.
The site slopes gently to the north but appears relatively flat. The soils
consist mostly of silty clays and a highwater table persist on the site.
-1-
.
.
DEVELOPHENT PACTORS
Surrounding Development
Within 1,000 feet to the south and west, the existing land use is
characterized mostly as low density single family detached housing (see
Exhibit A). Inmediately to the south in Chanhassen, four single family
homes exis t on large parcels separating Shorewood Oaks from Highway 7.
Across Highway 7 is the Hinnewashta Heights single family development of
which the average lot size is approximately 12,000 square feet..
Inmediately to the west is the Hinnewashta Subdivision which consists of
7,500 square foot lots. Host homes incorporate at least two of the 7,500
square foot lots in one parcel.
Inmediately to the north and east is Freeman Park. . The most active areas
of the park front Shorewood Oaks on the east property line. The park land
to the north is planned for trails which will connect into the trail
corridor which is located within the old railway right-of-way to the
northwest of the site.
Existing Utilities
Currently a 24 inch sanitary sewer main runs within the Strawberry Lane
right-of-way corridor and will serve the property from the west. The site
is not served by the City storm sewer or water system (see Exhibit C).
Existing Zoning (see Exhibit A)
Currently, the entire site and the property immediately adjacent to the
west, north, and east are zoned R-2 (Single Family Residential; 20,000
square foot lots minimum). The property northwest of the railway corridor
and northwest of the site is zoned R-l (Single Family Residential; one
acre minimum lot size). To the east of Freeman Park, approximately 900
feet from the subject property the land is also zoned R-l. To the south in
the City of Chanhassen, the property is zoned for single family
residential with a minimum lot size of 12,000 square feet.
Comprehensive Plan Designation
The subject property is currently designated at low density residential
(one to two units per acre) in the 1981 Shorewood Comprehensive. Plan. Host
of the land surrounding the site, other than park land, is planned for low
density residential (one to two units per acre) or semi-rural residential
(zero to one units per acre) (see Exhibit B).
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SHOREWOOD
OAKS'
SHORE WOOD. MN.
DEVt:LOPt:R:
SHOREWOOO OAKS
DEVELOPMENT INC.
PREPARED BY:
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SI-IOREWOOD
"', OAKS
SI-IOREWOOD. MN.
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SHOHEWOOD OA I,S
()I~VELOPMENT INC.
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DEVElOPER:
SHOREWOOD OAKS
DEVELOPMENT .INC.
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Area:
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41.92ac
:.8.74aC
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DEVELOPHBBT PLAB
The proposal is for 73 single family lots and is summarized in the following
table:
AVERAGE SHORE WOOD ACRES
Area 44.00 acres 47.92 acres
Right-of-Way 6.19 acres 6.74 acres
Trai I 0.38 acres 0.41 acres
Net Area 37.43 acres 40.77 acres
Lots
73 lots
73 lots
Net Density
1.95 du/ac
1.79 du/ac
Average Lot Size
22,335 s.f.
'22,335 s. f.
Proposed Utilities
1. Water
Each dwelling will have an individual well.
2. Storm Water
Throughout the planning proces~ of the previous PUD, the storm water
system has been discussed at length with the neighbors, city staff,
Parks Commission, Planning Commission, and Council. The storm water
plan for this proposal will incorporate perforated pipe beneath the
roadways and storm water will drain to a storage basin to the north in
the park. The final design of the area of inundation within the park
will be designed to maintain the natural character of the area,
preserve as many trees as possible, and create an aIllenity for the park.
The design of the storage basin will be designed in collaboration with the
Parks Commission.
3. Sanitary Sewer
Eight inch PVC sanitary sewer line will be installed to service the
development. The eight inch line will connect into the existing 24
inch line in the Strawberry Lane right-of-way.
Requested Action
Preliminary Plat Approval
-3-
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Roads will be cleared this winter and construction of utilities and roads
will begin in the spring. Lots will be sold as soon as possible to
Whomever is interested in building on the property.
Strawberry Lane Right-of-Wav Expansion
An additional 17 feet of land will be dedicated to expand the existing 33
foot right-of-way to SO feet.
62nd Street West Vacation
The City maps show a 33 foot right-of-way on the south line of the property
owned by the City of shorewood presumably intended for the extension of
62nd Street West. The proposal requests that the City vacate the
right-of-way. the location and narrow width of the right-of-way are not
conducive to an efficient layout of the property.
Park Dedication and Access
A park fee will be paid by the developer in lieu of park land dedication.
Freeman Park will provide the recreational needs Which will be generated by
the development.
Access to Freeman Park has been provided for the residents of Shorewood
Oaks and neighbors to the west through two trail easements. The north
easement leads to the proposed trail system and the east easement provides
access to the baseball fields.
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NET DENSITY:
AVO. LOT SIZE:
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SITE DATA
Actual
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.38ac
37.~3ac
13
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22,335sf
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Shorewood Acres (40,0005 f lac)
47.92ac
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AIIOITOII.. I\IIOIVlIIO. PLAfI. IIZ IECTIO. 116". 'IILI ;,
IUllvns, 1TC..
DIICRIPTION:
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OWNER AND DEVELOPER:
IHOIIIWOOD OAK I DUIL.O'III..T, I..C.
laoo ..OIlIlA..DAU 10UUVARO
'UITI 101
ILOO..I...TO.., ..I....I.OTA 1.417
11I-111-la01
CO"TAC': DAVID ..OH..IO..
~AND IURVIYOR AND ENGINIIR:
01...... ... 'URCILL, L.'.
TI..O'HY D. 'HI..OW, '.1.
"".A"-ROICOI, I..C.
.11-411-0010
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Minnesota
Department of Transportation
District 5
2055 No. Lilac Drive
Golden Valley, Minnesota 55422
. .
(612) 545.3761
March 8, 1984
HCMard Dahlgren Associates, Inc ~
One Groveland Terrace
Minneapolis ,Minnesota 55403
Attention Georff Martin
- In reply refer to: Shorewood Oaks ADDITION: T.H. 7: C.S. 1004
Loc: Approximately 220. feet east of Firtree Avenue in Shorewocxl, Mn.
Dear Mr. Martin:
The Minnesota DepartIrent of Transportation has reviewed the .proposed
Shorewood Oaks residential street access on T.H. 7, located..approxirnately
220 feet east of Firtree Avenue in Shorewood, Minnesota.
Our department has the fOllCMing recamendations and requirements for the
location and design of this street.
1. ) The State has acquired access control along T ~H.. "7 . in . this area. Access
control gives the State the authority to restrict all access onto a highway,
except at a location where an access opening is established. At an access
opening, access may be allowed subject to State app~l~. .The location of
your proposed street is not carpletelywithin a legal access opening; .there-
fore, the street will have to be rroved. further to the east. I have indicated
on your attached plan, in red, the approximate location of the 60' wide access
opening on your property. You should contact Mr. Karl Rasmussen, Assistant
District Righ:t-Way Engineer, to obtain inionnation. to accurately locate this
access ope.-n.ing and adjust the street location accordingly.
2. ) The design of the street access, and a required right turn lane are shCMn
on the State's attached drawing. The surfacing design and construction re-
quirarents for the street access and right turn lane will be detenniBed at
such tine an ,Access Pennit is processed.
3. ) The final grade of the street access shall be a maximum + 0.5% for a
minimum distance of 50 feet back fran the outside edge of the proposed right
turn lane.
,
.4.) The cross sectional slope of the right turn lane and granular shoulder
shall be the sane as the adjoining westbound driving lane of T .H. 7
5.) A 1.5 foot wide, Class 2 Aggregate shoulder shall be placed along the
right turn lane and street access within the State's right-of-way.
An Equal O::ty EmPIO~ tt ~h~U\ t 3
a-
t
(e
(e
March 8, 1984
Page 2
HCMard Dahlgren Associates, Inc
6.) The inslope along the right tw:n lane and the side slopes along the
street access shall be 4: 1 or flatter.
7 . ) The applicant shall perpetuate all existing drainage. The applicant shall
relocate and reconstruct the inplace drainage ditch along the highway as
necessitated by the construction authorized by this pennit. The new ditch
shall match the grades and contours of the inplace drainage ditch. The
state shall furnish all required length of C.M culvert for the street access.
8.)- Additional specifications for traffic control during construction,
pennanent traffic signing and striping, and turf restortation will be in-
cluded in the provisions of an Access Pennit. -
After you have incorporated the above requirements in your plans and received
at least prelimi.naIy approval of your plat fran the City of Shorewocx1, you
should sul::mi. t an Access Penni t application to MN/OOI' for final approval.
If you have any questions, or need additional infonnation, feel free to
contact our office.
Sincerely,
~l~~~
Thanas J. Anderle
Senior Penni t Technician
TJA:re
<e
ce
ORR .SCHELEN. MAYERoN & ASSOCIATES, INC.
Conslift':rg Engineers
La; Ij 5,,, '/e~'(Jrs
"
June 7, 1984
City of Shore wood
5755 Country Club Road
Shorewood MN 55331
Attn: Mr. Brad Nielson, Planner
Re.: Shorewood Oaks Oeve10pment Inc.
OearBrad:
We have revi ewed the prelimi nary i nformati on submitted on the Shorewood Oaks
Development Inc. and have .the following comments:
1. Sanitary Sewer-Adequate sanitary sewer is available to serv1.ce this
development with an all gravity system. However, the connection to the main line
pipe in Strawberry Lane is to ani nterceptor pipe owned and operated. by the
Metropolitan Waste Contro1Commiss1.on (MWCC). A permit from them w111 be
required.
There are currently a few. homes not . served by City sewer that may be capab 1 e of
being served through t~is plat. Further investigation of this service may be
warranted.
2. Water -Municipal water iSicurrent1ynot. available.. A temporary.connection
toChanhassen as suggested by the developer may bean option. Further.work on
this matter is required.
3. ...Storm Sewer - Storm Drainage has been addressed by the developer and 1s.shown
on the Preliminary Drainage Plan Sheet 3 of 5. The discharge point of.the drain-
age from this . property.lsinto Freeman. Park. This does correspond to theCompre-
hensive Storm Water Plan. What must be realized lsthat periodically the low
area south.of. the tracks on the park property will beinnundated. The only
change. to the Preliminary Plan we . see, . .atthistime, is that the line on Maple
Avenue .ffiUstbeextendedwesttoStrawberry Lane. Any comments r~cei ved .fromthe
drainage district .revlewshould also be incorporated into the desi gn.
AttAVhM.t,nt 4
..
(.
(.
Page Two
City of Shorewood
June 7, 1984
4. Streets - The streets as proposed appear acceptable, however design informa-
tion is required to show all horizontal and vertical curves are designed for 30
m.p.h. Along S.T.H. No.7, the right turn lane must be reviewed by MnDOT to
assure conformance with their standards for right turn lanes.
If you have any questions, please call me.
Respectfu 11y.
ORR-SCHELEN-MAYERON
& ASSOCIATES, INC.
~-e 1~
James P. Norton, P.E.
City Engineer
JPN:nlb
cc: Geoff Martin, Howard Dahlgren Associates
Tim Phenow, Strgar-Roscoe, Inc.
.
.
FEASIBILITY REPORT
TRUNK WATERMAIN, UTILITIES, STREET CONSTRUCTION
AND APPURTENANT WORK
PROJECT NO. 87-1
SHOREWOOD OAKS
CITY OF SHOREWOOD, MINNESOTA
FEBRUARY 9, 1987
I . TYPE OF WORK
This work consists of the construction of trunk w~ ermain along Smithtown Road
from Boulder Bridge Farm to the plat of Shorewood Oaks, and sanitary sewer,
watermai n, storm sewer, sub-drai nage system, street constructi on and appurtenant
work, within the plat of Shorewood Oaks, and also a right turn lane off S.T.H. 7.
II. LOCATION
The proposed project area is in the western portion of the City of Shorewood in
Sections 31 and 32 of Township 117 North, Range 23 West part of which will serve
the plat of Shorewood Oaks.
III. DESCRIPTION OF PROJECT
The proposed facility locations are shown on the attached Sheet "A" and are out-
lined below.
Included in this project is the construction of approximately 6,500 L.F. of 6
inch through 16 inch trunk watermain from the existing 12 inch stub at Boulder
Bridge Drive and Smithtown Road to the proposed Shorewood Oaks Development along
the following described route:
Smithtown Road: Boulder Bridge Drive to Cajed Road . . . . . .
Cajed Road: Smithtown Road to Beverly Drive. . . . . . . . .
Beverly Drive: Caj~d Road to Cathcart Drive. . . . . . . . .
Cathcart Drive: Beverly Drive to proposed Strawberry Circle.
Strawberry Circle: Cathcart Drive to Hennepin Co. R.R. Property. .
Maple Avenue: Hennepin Co. R.R. Authority to Strawberry Lane. . .
Strawberry Lane: Maple Avenue to Proposed Shorewood Oaks Drive. .
. . 2,9201
860'
9201
230'
770'
6101
90'
TOTAL ............................................................. 6.,400 I
Other work included in this report within the plat of Shorewood Oaks is as
foll ows:
Sanitary sewer, watermain, storm sewer, sub-drainage system, grading,
street construction and appurtenant work.
Withi n the proposed Shorewood Oaks Development on the foll owing proposed named
streets:
Shorewood Oaks Drive.
Oak Leaf Trail. .
Davids Court. . .
Daniels Circle. .
2,256'
1,4091
6021
2781
TOTAL
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .
4,5451
-1-
lib
,
.
.
Also included in this project is the construction of a right turn lane on S.T.H.
7 at proposed Shorewood Oaks Drive, consisting of a 300 L.F. deceleration lane,
plus 180 L.F. turn lane transition taper, all in accordance with MnDOT standards.
IV. FEASIBILITY
From an engineering standpoint, this project is feasible and can be accomplished
as proposed and does not have to be done in conjunction with another project.
V. ESTIMATED COST
The estimated project cost of the facilities are as outlined below.
Trunk Watermain (Inc. Restoration). .
. $
236,200
SHORE WOOD OAKS
Grading . . . . . . . . .
Sani tary Sewer. . . . . .
Watermain . . . . . . . .
Storm Sewer and Sub-Drain
Street Construction . . . . . . . .
Highway #7 Turn Lane Construction
75,200
68,600
133,400
312,100
422,200
19,200
. . . . $1,266,900
**215,400
Total Estim~ted Construction Costs.
17% Indirect Costs. . . . . . .
TOTAL PROJECT COST ............................................ $1,482,300
** This cost does not include capitalized interest
VI. PROPERTY TO BE ASSESSED
The total cost of the project shall be assessed against the Shorewood Oaks Plat.
VII. ESTIMATED ASSESSMENTS
A total of approximately $105,000 should be added to the total project cost of
$1,482,300 for sanitary sewer construction within the plat of Shorewood Oaks that
is already completed.
$1,587,300 i 73 Lots = $21,743.84/Lot*
*NOTE: The estimated assessment may vary, as only the total number lots
unsold at the time of the project completion shall be assessed that cost
of the project.
I hereby certify that this plan, specification
or report was prepared by me or under my direct
supervision and that I am a duly Registered Pro-
fessional Engineer under the laws of the State
of Mi nnesota. -p . J _
Ja-"7 I' yr~t-~.V
James P. Norton, P.E.
Date: February 9, 1987
Reg. No. 11606
-2-
.
"
SCALE 1" = 1200'
I
LAKE MlMETONKA
(III'I'DI LIllO{'
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VICT~IA
lEGEND
it\t(lt\ttttttt\.t({@Htt{\\{({(1(@1(~\.. - ASS E SSM E NT ARE A
. . . . . . . . . . . . ' T RUN K W ATE RM A IN
UTIL.ITIES, STREET CONSTRUCTION
AND APPURTENANT WORK
-- --.
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_,....IAPOLlI. _'''..UOlA "411 . "If) II' ....
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TRUNK WATER MAIN,
UTILITIES, STREET
CONSTRUCTION AND
APPUR1ENANTWORK
CITY PROJECT NO. 87-1
SHOREWOOD MINNESOTA
Co.... N..
Dr... Iy: Aa.""-"".
MRM '1' l' 'ORR.8CHELEN.MAYBRON
... ASS()CIA'T'BS.INC.
1744.20
""0'
~ FEB. 8,
; 1887
.....t No.
A
.
.
RESOLU.l'Irn N).
A RESOLU.l'Irn RECEIVIOO FEASIBILI1Y REPOn'
AND C'ALLIOO HEARIOO rn
8lIEm\tXD Q\KS DEVEIDRVENl' POOJECI' #87-1
WHEREAS, pursuant to resolution of the Co\U1cil adopted January
26, 1987, a report has been prepared by ~r-Schelen~yeron & Associates
with reference to the construction of an inprovement known as the
Shorewood Oaks Developnent Project #87-1 to include trunk watemlElin,
utility, street construction and appurtenant work, and this report was
received by the Co\U1cil on February 9, 1987.
N:J\I, 'lHERERIm,BE IT RESOLVED by the City Co\U1cil of the City of
Shorewood, Mirmesota:
1. The Co\U1ci 1 wi 11 consider the construction of such
inprovements in accordance with the report and the assessment of the
benefiting property for all of the cost of the inprovements pursuant to
,Mirmesota Statutes Chapter 429 at an estimated total cost of the
inprovements of $
2. A pub I ic hearing shall be held on such proposed inprovement
on the day of , 1987, in the Counci I Cumbers of the Ci ty
Hall at- p.m., and the clerk shall give mailed and published notice of
such hearing and inprovement as required by law.
Adopted by the Ci ty Council of the Ci ty of Shorewood this
day of , 1987.
Mayor
ATI'EST:
City Clerk
J./L
.
.
RESOUJrICN 00.
A RESOLUrICN ClIDElUOO '!HE PREPARATICN OF PLANS AND
SPECIFICATICNS Fm
SlIlRE.VaD O/\KS DEVElDR\t1ENI' POOJECT # 8 7-1
WHEREAS, pursuant to resolution of the City Council adopted
January 26, 1987, a report has been prepared by the City Engineer with
reference to the construction of local improvements known as Shorewood
Oaks Development Project #87-1; and
WHEREAS, said report by the Ci ty Engineer was received pursuant
to resolution of the City Council on February 9, 1987; and
WHEREAS, the Ci ty has received a petition to construct such
improvements signed by 100% of all property owners to be assessed.
Kl'i, 'lHEREFUm, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota, that:
1. Orr-Schelen-~Aayeron & Associates is hereby designated as .the
engineer for these improvements and shall prepare plans and specifications
for the construction of said improvements.
Adopted by the City Council of the Ci ty of Shorewood this'
day of , 1987.
Mayor
ATI'EST:
Ci ty Clerk
/Id
J
.
.
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Kristi Stover
Robert Gagne
Barb Brancel
ADMINISTRATOR
Daniel J. Vogt
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: 30 JANUARY 1987
RE: NEAR MOUNTAIN P.U.D. - REVISED PRELIMINARY PLAT
FILE NO.: 405 (~7.04)
BACKGROUND
Lundgren Bros. Construction has submitted a revised preliminary plat for the
southeast corner of the Near Mountain P.U.D. The Concept and Development Stage
Plans (see Exhibit A, attached) which were originally approved showed 67 town-
house units in that portion of the P.U.D. They now proposed to build 36 single-
family homes in place of the townhouses (see Exhibit B, attached). The overall
affect this will have is to reduce the total number of units from 273 to 242.
The proposed lots have been designated as Type B lots and range in size from
10,100 to 22,100 square feet in area. This is similar to the Chestnut Ridge
plats for which they have received final approval. According to the developer
there is a very strong demand for this type of housing, while the townhouse
market is currently somewhat soft.
ANALYSIS/RECOMMENDATION
Given Shorewood's traditional preference for single-family housing, it is not
anticipated that the City will object to the proposed change. Following are
issues which deserve consideration in reviewing the proposal.
A. Assessments. As you know the Near Mountain P.U.D. has been assessed for
municipal water improvements along with the Waterford, Covington Vine Ridge
and Silver Ridge projects. The proposed reduction in units will not affect
the developer's. proportionate share of assessments. It simply spreads the
cost over fewer units.
A Residential Community on Lake Minnetonka's South Shore
/;;{
.
.
Re: Near Mt. P.U.D.-Revised Plat
30 January 1987
B. Park Dedication. The loss of 31 residential units will affect the total amount
of park dedication fees which will be generated by the Near Mountain development.
Ordinarily the decrease in park demand would offset the loss in park fees.
The City must concern itself, however, that sufficient revenue will be generated
to pay for the acquisition and development of Silverwood Park.
As previously approved the Near Mountain project would have paid $136,500 in
park fees (based upon current fee requirements). The proposed change will
result in total fees of $121,000 - a loss of $15,500. Other developments in
the southeast area are estimated to produce $155,000 in park fees, not including
proposed commercial development. While this is anticipated to more than
adequately pay for acquisition and development of Silverwood Park, future
requests for density reductions will have to be carefully considered.
c. General Design Comments. Despite the change in housing type, the site design
has not changed appreciably. While it may have been desirable to create an
east/west connection between Vine Hill Road and Near Mountain Boulevard, a
50 fOQt change in elevation on the site precludes such a connection (see
Exhibit C, attached).
Ever since the Near Mountian P.U.D. was first proposed, th~ developer has reserved
the right to make changes in the project as dictated by the housing market - so
long as the changes were consistent with the original concept of the project. The
existing development agreement between the developer and the City contains provisions
to that effect. This sensitivity to changing market conditions should prove to be
a benefit to the City, particularly now that the project is under construction.
Expeditious development not only ensures that assessments will be paid, but also
puts additional units on the tax rolls.
In view of the preceding, it is suggested that the revised preliminary plat be
recommended for approval.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Mike Phlaum
- 2 -
^Y4A
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HoUIlng T".
011 UNITS
Propo....
A 1180_"/11
~ '24
21
It
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. 31' . 20'-20' 4ft"', ~I 4-
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121
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TOTAL: 273
273
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MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
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:
16 JANUARY 1987
RE:
CITY HALL/BADGER PARK IMPROVEMENT PROJECT
FILE NO.: 405 (86.60j
BACKGROUND
-
Over the past couple of years the City Council has discussed the need for additional
office space for the Shorewood City Hall several times. Last summer the need for
space became more immediate when it appeared that the City might have to form its
own police department. During the police contract negotiations, the property
immediately south of the City Hall was put up for sale. The City Council decided
that the house should be purchased as a logical extension to the administrative
offices.
This purchase was opposed'by several residents of the Echo Road area. Many of the
objections raised were indictments of the City's possible separation from the existing
four-community police department. However, several residents opposed the expansion
of the City Hall as an intrusion into their residential neighborhood. Nevertheless,
the need for additional office space still exists.
While the police department issue has been settled, many of the comments raised by
the neighbors were considered valid. The residents were assured that prior to the
City's use of the property, a public hearing would be held to present the City's
plans and solicit public comment. This is required by the Shorewood Zoning Ordinance
because governmental buildings are classified as conditional uses in the R-1C zoning
district in which the property is located.
Based upon the comments and concerns of nearby residents, the Council decided that,
in addition to the City Hall expansion, a plan should be prepared for the o~erall
use and improvement of the entire Badger Park property. Staff has now completed
a concept plan for the property, and a public hearing has been scheduled for the
20 January Planning Commission.
A Residential Community on Lake Minnetonka's South Shore
13-
.
.
Re: City Hall/Badger Park Improvement
16 January 1987
Background data on the property is as follows:
- Site location: 5795 Country Club Road (see Exhibit A, attached)
- Current use: vacant; previously used as a two-family dwelling
Current zoning: R-1C
- Lot size: 20,193 square feet
Structure size: approximately 3000 square feet of gross floor area, plus a
three-car detached garage approximately 790 square feet in area
ISSUES AND ANALYSIS
In preparing a concept plan for the City Hall/Badger Park complex, the first thing
done was to identify problems with the existing site. The suggested approach has
been to evaluate the property based on Shorewood's own zoning requirements, then
take steps to correct any deficiencies. Based on this premise a series of slides
has been prepared which allows the Planning Commission and Council to take a step
back and view the site objectively and critically. These slides will be presented
at the public hearing on 20 January. What will be demonstrated is that maybe the
City Hall is not as good a neighbor as it should be, or was thought to be, and that
many of the residents' concerns are -quite valid.
Zoning Requirements.
Relative to our zoning requirements, several deficiences were found to exist relative
to Section 200.03 of the Ordinance. Many of them are highlighted on an issues map
attached as Exhibit B. Specifically, compliance with the following zoning provisions
is in question.
1. Subd. 20. requires outdoor storage to be screened from adjoining properties.
2. Subd. 5d.(8)(f) limits curb cuts to 25 feet in width except where appr.oved by-
the City Engineer.
3. Subd. 5d.(8)(g) requires driveways to be at least five feet from property lines
(this relates to the new property).
4. Subd. 5d.(8)(k) requires nonresidential driveways and parking to be paved (new
property).
5. Subd. 5d.(8)(I) requires concrete curbing around nonresidential parking areas
(new property).
6. Subd. 5d.(B)(m) requires curbing around existing metal buildings.
7. Subd. 5d.(B)(n) requires parking areas to be striped.
- 2 -
.
.
Re: City Hall/Badger Park Improvement
16 January 1987
8. Subd. 5e. provides for the maintenance of parking, curbing and landscaping.
9. Subd. 5f.(1) states that parking must be set back from the street r.o.w. 35 feet.
10. Subd. 5g. precludes use of required parking area for outdoor storage.
11. Subd. 5h. requires 36 parking spaces for the City offices and 50 spaces for
Badger Park.
12. Subd. 7 precludes metal buildings.
Limitations on Use of Badger Park
In addition to the issues enumerated above, it should be realized that the City's
use of Badger Park property is limited. When the property was originally purchased,
80% of the money used was from the park fund. Since there are very specific
statutory requirements relative to the use of park dedication, nonrecreational use
of the park property is limited to 20%. The Park Commission as well as area residents
were assured that the City Hall and public works facilities would not further
encroach into the park. Currently, nonrecreational use of the site occupies approx-
imately 18% of the area.
Expansion Alternatives
Based upon comments of nearby residents, the City examined alternatives to annexing
the property to the south.. A staff report from the City Administrator (see Exhibit C),
dated 25 July 1986, provided cost information on two alternatives: 1) remodeling of_
the existing basement; and 2) expansion of the existing building.
Remodeling of the basement was quickly dismissed. The cost of remodeling was high
for the type of space obtained and did not include an elevator or ramp necessary for
handicapped access. The existing basement is also needed for storage.
After reviewing the Administrator's report, the Council still felt that acquisition
of the adjacent site was a better value than adding new space to the City Hall. Not
only did the City obtain additional land, but the existing garage provided storage
space which could be used for equipment (this will be addressed further on in this
report). The Council also felt that adding onto the building would have a greater
impact on the area than using a building which already exists. With this, the staff
was directed to pr~re a plan based on using the property to the south.
CONCEPT PLAN
The plan shown on Exhibit D illustrates the proposed improvements for the entire
City Hall/Badger Park facility. While the plan is somewhat self-explanatory,
following is a summary of recommendations:
1. Parking areas should be curbed, striped and landscaped. Landscape islands not
only provide definition to the parking lot but partially screen the public works
area from City Hall. Striping will increase the capacity of the parking lot.
The parking lot should not be used for outdoor storage.
- 3 -
.
.
Re: City Hall/Badger Park Improvement
16 January 1987
2. By observing the front yard setback for parking, additional green space can be
achieved. Driveway access points should also be narrowed and better defined.
3. Existing landscaping on the new property should be preserved to the extent
possible. Properly done, the proposed connection between the existing building
and the house next door will be virtually inconspicuous.
4. Eliminate the existing circular driveway. It is extremely important that the
existing front entry of City Hall remain the primary access to the City offices.
5. Parking at the rear of the new building should be paved and striped.
6. Parking at the rear of the new buildling should be limited and restricted to
employee parking only. This will ensure that traffic on Echo Road will be
comparable to what previously existed.
7. The parking at the rear of the new building should be screened by a five-foot
wooden fence and landscaping. In addition to screening employee vehicles, it
will enhance the appearance of what exists today.
8. Use of the detached garage should be limited to seasonal and long-term storage
only (e.g. snowblowers and plows in summer; lawnmowers in winter). Public works
traffic should be limited to occasional trips.
9. The existing building will be connected to the new building by an enclosed walkway.
This will allow City office clientele to use the existing front entry to the
facility.
10. Installation of an opaque screen on the north side of the tennis courts will
block the view of the public works facility from nearby residences. It will
also enhance the atmosphere for tennis players.
11. Additional evergreen trees should be planted along the southerly edge of the
park to break up and screen the view of the park and public works facilities
from adjoining residential property.
12. The existing playing fields should be graded to drain better.
13. It is suggested that a four foot earth berm be constructed along the secondary
access drive on the north side of the park. In addition a five-foot wooden
fence should be erected as a visual barrier for the park and residential property
to the south. The south side of the fence should be landscaped to soften the
effect of the fence and eventually increase the height of the screen. The berm
and fance will create an enclosure for an outdoor storage area for public works.
14. The plan suggests that the northernmost corner of the site may be useable for
public works storage. The Public Works Director questions the useability of this
area for efficient storage. The Park Commission has subsequently suggested the
possibility of additional parking for the park in that location.
15. The existing hockey rink will have to be moved southward to accommodate the
proposed berm.
- 4 -
.
.
Re: City Hall/Badger Park Improvement
16 January 1987
The proposed plan is considered only to be a short-term (perhaps five years)
solution relative to the needs of the public works department. The City has considered
the acquisition of additional land to the north of the existing operation. Preliminary
investigation by the staff suggests that the property owner to the north may not have
the space to give up, and even if space were available, it would be inadequate for
long term needs. The staff will continue to explore this issue and prepare a
projection of future space needs for public works.
CONCLUSION
Despite the resolution of the police department issue, the need for additional office
space can no longer be ignored. Should the City pursue its plans of expanding the
City offices to the south, it is recommended that the proposed improvements be
recorded in a conditional use permit. This will ensure that promised improvements
will be made. It is furthermore suggested that the improvement program be initiated
at once and implemented within no longer than three years.
It should be noted that the Park Commission has reviewed the proposed concept plan.
While their comments were considered favorable, they have not made a formal recommend-
ation as yet. They did suggest that the plan should incorporate walking paths
around the hockey rink to connect the playing fields with the parking lot. As
previously mentioned, they also suggested additional parking at the northernmost end
of the park.
At the request of one of the Echo Road residents, the Council has directed that the
Planning Commission continue the public hearing from 20 January to its 3 February
meeting. This will prov1de a second opportunity for neighboring residents who are
unable to attend the initial meeting to comment on this project.
BJN:ph
cc: Dan Vogt
Jim Norton
Glenn Froberg
Park Commission
- 5 -
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Exhibit A
SITE LOCATION
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Exhibit B
SUMMARY OF ISSUES
.
.
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MEMO TO: Mayor and Councilmembers
FROM: Dan Vogt Tfjf
DATE: July 25, 1986
SUBJECT: Building Expansion Alternatives
Below you will find supplemental information regarding expansion of the City
Hall facilities. This information will expand on the figures provided by
Frank Reese which was included in your meeting packet. Note that the infor-
mation which is being provided is very preliminary. More exact costs will
only be available when the desired alternative is chosen and more specific
plans can be drawn.
1 will pattern the information below using the costs received by Mr. Reese.
Alternative 1: It would be possible to add onto the East ~ North sides of
the existing City Hall. A 3,000 square foot addition to the existing struc-
ture would cost an estimated $150,000. (3,000 square feet X $50/Sq. Ft.)
Alternative 2: By using the figures provided by Mr. Reese, an estimated
total cost of remodeling the 3,000 square foot facility at 5795 Country Club
Road is attainable. Below 1 will give you some background as to the figures
used. The walkway connecting the two buildings could be built to the ~
floor of the new building. Total cost is estimated at $30,000. This in-
cludes the alteration to City Hall to accomodate the ramp. It would then
only be necessary to initially remodel the upper level. This level contains
approximately 1800 square feet. Estimated cost of this is $12,000. This
figure includes new lighting, alarm system if desired, new partitions, new
floor and wall coverings where needed and central air conditioning. The
mechanical systems including plumbing, heating and electrical were reviewed
and found to be sufficient to meet our needs. Minor modifications to the
electrical system may be desired for uninterrup~~<<~.~.~*-e.
Total cost of the purchase at 5795 Country Club Road was $124,000. Out of
this figure it is estimated that the lot is worth $35,000 and the structure
$89,000. From the discussion above, the additional cost to build the ramp
and make the building ready for office use would be estimated at $42,000.
Exhibit C-l
ADMINISTRATOR'S REPORT
Dated 25 July 1986
-1-
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A Residential Community on Lake Minnetonka's South Shore
.
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Alternative 3: Modification of the basement at the current City Hall in-
cludes several facets. The basement would need to be waterproofed. I have
an estimate for this work at approximately $5,000. A new stairwell for the
second way to access the basement is required. Cost of this work is esti-
mated at $20,000. Window wells would be recommended for installation at an
estimated cost of $5,000. Finally, the basement area would need to be fin-
ished into office space. This work is estimated at $24 per square foot.
This cost estimate includes all work necessary to make the space ready for
office use including restrooms. The finishing of 3,000 square feet would
cost $72,000. Total cost to modify the basement at the current City Hall is
estimated to be $102,000.
At this point staff needs further direction as to any additional informa-
tion you may be looking for. If we can be of assistance prior to the meet-
ing, please call.
Also, there was discussion during the purchase of the building at 5795
Country Club Road relative to buying the remainder o~ the contract for deed
on the property. Approximately $98,600 remains on the contract at this
time. Interest on the note is 12%. Staff needs direction if you wish to
pursue this matter. Please advise accordingly.
DJV:slt
cc: Brad Nielsen
-2-
Exhibit C-2
.
.
ISRAELSON, REESE. ELLINGSON & ASSOc.. INC.
.11000 W 78TH ST., SUITE 220, EDEN PRAIRIE, MN 55344 (612) 944-0672
July 23, 1986
Mr. Dan Vogt, Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
RE: Building Expansion Feasibility Report
Dear Dan:
We appreciate the opportunity to provide this report on the following
alternate directions for expansion of the Shorewood City Hall. At this time
we will concern ourselves only with cost considerations and not with
long-range planning, image, or functional considerations, even though these
certainly will have to be carefully considered along with costs.
Alternate 1: Add to east side of present building.
space may not require relocating the tennis courts.
little remodeling of the present office, and the new
for around $50.00 per square foot.
Alternate 2: Remodel the res i dence at 5795 Country Cl ub Road and bu i1 d an
enclosed walkway between the present City Hall and the residence. The cost of
remodeling City Hall and constructing the walkway would be around $30,000.00.
Remodeling of the residence would include office lighting, alarm system, new
partitions and finishes in garage and upper areas. One could budget anywhere
from $10,000.00 to $20,000.00 for this.
Adding sufficient office
It would require very
addition could be built
Alternate 3: Modify the present basement for office space. This would
require a new stairway in the vicinity of the present vending room and would
require new partitioning and finishes for office space. The stairway would
cost about $20,000.00 and the new space would be about $24.00 per square foot.
We would suggest that a program be developed that would deal with your office
needs on an immediate basis and, also, on a five- and ten-year basis. We
would be available to assist you with this matter.
Sincerely yours,
~~~
Frank L. Reese
A. LA.
FLR:pab
Exhibit C-3
ARCHITECTS
ENGINEERS
SURVEYORS
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CONCEPT PLAN
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BASSFORD, HECKT, LOCKHART & MULLIN, P. A.
LAWYERS
MELVIN D. HECKT
GREER E. LOCKHART
WILLIAM E. MULLIN
MACLAY R. HYDE
LYNN G. TRUESDELL
JEROME C. BRIOGS
L. H. MAY, JR.
JOHN M. DEGNAN
KEVIN P. KEENAN
REBECCA EGOE MOOS
JOHN M. ANDERSON
CHARLES E. LUNDBERG
GREGORY P. BULINSKI
DONNA J. BLAZEVIC
MARY E. STEENSON
JAMES F". BALDWIN
REGINA M. CHU
MARK P. HOOKINSON
JOHN R.SHOEMAKER
3550 MULTIFOODS TOWER
MINNEAPOLIS, MINNESOTA 55402-3787
(612) 333 - 3000
TELEX 1: 290230
EDMUND T. ....ONTGOMERY
CHARLES A. BASSF"ORD
RETIRED
F"RED B. SNYDER (18Se -19SI)
EDWARD C.GALE (18152-1943)
F"RANK A.JANES (leoe-19S9)
NATHAN A. COBB, SR. (leOS-19715)
BERGMANN RICHARDS (18eB-197B)
June 2, 1986
city council
City of Shorewood, Minnesota
5755 country Club Road
Shorewood, Minnesota 55331
RE: Acquisition by the City of Shorewood of Realty Commonly
Described as 5795 Country Club Road, Shorewood, Minnesota
Our,File No. 86-216
Dear City Council:
I am writing you with regard to the above entitled matter as a
resident of Shorewood, a homeowner, and a representative of a group
of homeowners, living on Echo Road in that community.
It is my understanding that the City has entered into an Executory
Contract for the purchase of the above property to be closed on or
about July 2, 1986. It is my further understanding that it is the
intention of the City to use the property as an annex to the City
offices and/or the housing of its Planning facilities and/or the
present or future placement of its Police station and attendant
activities.
Speaking for myself, and on behalf of those other homeowners that I
represent, we oppose both the acquisition and the proposed use or
uses of that property for the following reasons:
1. The proposed use of the property in a residential neighborhood
demonstrates both an insensitivity and disregard by the Council
to the quality and nature of the Echo Road community and its
residents.
I would ask the members of the Council to consider the impact of
an office building or Police Station, with its necessary
increase in vehicle and pedestrian traffic, placed nextdoor or
across the street from their own homes. I would suggest that
its utility, safety and market value would be substantially
reduced.
...
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.
....
city council
June 2, 1986
paqe 2
2. The alternative of an addition or .edification of the existinq
Shorewoed City Hall has not been thorouqhly or responsibly
investiqated. To.y knowledqe, no plans or specifications, bids
or attendant planninq has been called for or received to the
end. Further, I ~ advised that the necessity of proposed
expansion has been publicly questioned by the Mayor at a recent
meetinq. A feasibility study, considerinq these factors and the
impact on the ho.eowners of Echo Road, is, in my judqment, a
threshold consideration of this council even before its entry
into a purchase aqreement for the subject premises.
3. There is substantial question in my mind whether or not the
proposed use of the property falls within the qoverninq
o~dinance. The readinq of Subdivision 4 of section 200.11
(adopted by reference under Section 200.12(4)) indicates that
qovernmental or public use modifies the word "utility."
What is obviously intended by this draftinq is the placement of
small and unobtrusive utility buildinqs desiqned to hold
maintenance or alike equipment for use in residential
neiqhborhoods. This is clearly supported by the provisions of
section 200.02(2) (q) which provide for screeninq and shrubbery
and Section 200.04(1) (d) (1) as to depreciation of the
neiqhborhood. These structures are required to meld into and
become relatively invisible within the residential area to which
they are consiqned.
I would speculate that the ordinance is the product of an
earlier Council adoptinq "boilerplate" provisions applicable to
an urban community. Certainly an office buildinq or Police
station does not fall within that intent.
section 200.04(1) (d) (1) requires the Planninq Commission, in its
consideration of a conditional use, to look at the adverse
affects on the neiqhborhood wherein the structure is to be
sited. Subsection (c) of that provision requires that the
proposed use will not "tend to" or "actually" depreciate the
area.
We have been advised by local realtors that the placement of the
City buildinq at the proposed site will substantially depreciate
the value of our homes. We have enqaqed the services of Douqlas
Fruen, a prOfessional appraiser, to establish a preliminary
amount of such depreciation and, if necessary, the specific
amount on a house-to-house basis.
~
, ' .
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e)
city council
June 2, 1986
paqe 3
Given such "depreciation," it would se.. that the necessary
authority tor the proposed use ot the premises by the City is
1ackinq.
4. It is anticipated that the placement ot the City otfices/Police
station at the proposed site will substantially impair the value
ot some, if not all, ot the homes on Echo Road. I have advised
the property owners involved that this may constitute an inverse
condemnation proceedinq by the City qivinq rise to a claim for
damaqes for the value of such impairment. In addition, I
believe it will lower the value of their respective assessments
ot real estate taxes by a comparable amount. If recoverable, I
would speculate that t,he aqqreqate will double or triple the
cost of acquisition of the proposed site.
This letter is written to request that the Council defer its
acquisition of the premises until these objections above can be
thorouqhly aired and considered. The failure to do this may lead to
costly and extensive litiqation which will render the proposed
acquisition untenable. If the homeowners prevail, the City will own
a rental property that it cannot use for its desired purpose at a
cost perhaps in excess ot what any addition to the present City
offices miqht require.
I would ask you to consider these objections and to meet with the
Echo Road residents on or before June 17, 1986.
Very truly yours,
L. B. May,
for
BASSFORD, BECKT, LOCKHART & MULLIN, P.A.
LHM/bw
I~
('
.
.
..
I
BASSFORD, HECKT, LOCKHART & MULLIN, P. A.
LAWYERS
ME..V1N D. HECKT
GREER E. "OCKHART
W,....,AM E. MU....'N
MAClAY R. HYDE
..YNN O. TRUESDE....
.IEROME C. BRIOO.
L. H. MAY. JR.
.I0HN M. DEONAN
KEVIN P. KEENAN
REBECCA EGOE MOOS
.I0HN M. ANDERSON
CHAR"ES E. "UND.ERG
GREGORY P. BU..,NSK,
DONNA .I. BIAZEVIC
MARY E. STEENSON
REGINA M. CHU
MARK P. HODKINSON
.I0HN R. SHOEMAKER
AN DREW". MARSHA....
BONITA .I. GIRARD
3550 MULTIF0005 TOWER
MINNEAPOLIS, MINNESOTA 55402 -3787
(612) 333 - 3000
TELECOPIER (612) 333-8829
EDMUND T. MONTGOMERY
CHAR..ES A. BASSFORD
RETIRED
iJanuary 15, 1987
FRED B. SNYDER (1..8 -181S1)
EDWARD C. GA"E (I.B2-1843)
FR...NK A..IANES (180B-181S8)
NATHAN .... COBB, &R. (1801S-197B)
BEROMANN RICHARDS (1...-197.)
City of Shorewood Planning Commission
Shorewood City Hall
5155 Country Club Road
Shorewood, Minnesota 55331
To the Members of the Shorewood Planning Commission:
This letter and the enclosed evaluation by O.J. Janski and
Associates, Inc. are submitted on behalf of the'following
parties in opposition to the.proposed expansion of the
Shorewood City Offices: .
Mr. and Mrs. Peter Royce
5825 Country Club Road
Excelsior, Minnesota;
William Redde
5830 Echo Road
Excelsior, Minnesota; and
Joann Carrol
5851 Echo Road
Excelsior, Minnesota.
The proposed expansion of the ShorewoodCity Offices is in
violation of S200.04 of the Shorewood City Zoning Ordinance,
entitled Administration-Amendments and Conditional Use Permits.
Subdivision l(d) (1) (c) of S200.04 states that prior to approval
of a proposed ammendment or conditional use permit, the Planning
Commission shall conduct a public hearing during which it shall
consider the possible adverse affects of the proposed amendment
or conditional use. One of the specifically ennumerated adverse
effects to be examined is the depreciation of surrounding pro~erty
values caused by the amendment or conditional use permit:
"l. The Planning Committee shall consider possible adverse
effects of the proposed amendment or conditional use. Its
judgment shall be based upon (but not limited to) the
following factors: (c) the proposed use will not tend to
or actually.depreciate the area in which it is proposed."
Shorewood Zoning Ordinance S200.04, Subdiv. l(d) (1) (c).
..
1
.
.
City of Shorewood Planning commission
January 15, 1987
Page 2
The enclosed preliminary appraisal or evaluation of the effect
of the proposed expansion of the Shorewood City Offices on
the property owned by the three"above-mentioned parties clearly
demonstrates that the result of that expansion will be a marked
devaluation in those properties. As a result, the proposed
expansion should not be allowed.
Very truly yours,
~~~
Andrew L. Marshall
for
BASSFORD, HECKT, LOCKHART & MULLIN, P.A.
ALM:jaj
...
.. :"
.
.
O.1.lANs1C1 & ASSOCIATES, INC. I '10 W. 26TH STREET / MlNNEAPOUS, MN 55404 /6'2,872.1440
REAL ESTATE APPRAISERS AND CONSULTANTS
October 28, 1986
Mr. L. Hamilton May
Bassford, Heckt, Lockhart & Mullin, P.A.
3550 Multifoods Tower
Minneapolis, MN 55402
RE: Letter of Opinion on proposed office
development on Echo Road, Shorewood, MN.
Dear Mr. May:
At your request I have viewed the Echo Road neighborhood, inspected
and measured the three houses adjacent to the proposed office
development, and made a review of avai lable plats and the current
zoning ordinance..
As I understand the issue, the city of Shorewood has purchased the
house at 5795 Country Club Road, for city office use, after
interior remodeling. This property is located on Lot 11, Block 2,
Echo Hills 2nd Addition, and is the most westerly lot on the north
side of Echo Road at the intersection of Echo Road and Country Club
Road. The present Shorewood city offices lie adjacent and immedi-
ately north of Lot 11 with access from Country Club Road.
Neighborhood
Echo Road is a two-lane, asphalt-paved city street improved wi th
single family houses. The single street forms a neighborhood unto
itself, as each end of the two-block-long street intersects with a
main thoroughfare, and the houses on each side back up to
unimproved land. Property values appear to range from about
$80,000 to $150,000.
Zoning
The bulk of the property on Echo Road is zoned R-2, Single Family.
This zoning includes the affected area on the west end of the
street.
The stated purpose of the zoning ordinance-is to provide residen-
tial areas for the development of single-family homes.....
-AME~'GAN INSTITUTE OF REAL. ESTATE APPRAISERS (MAl) · SOCIETY OF REAL. ESTATE APPRAISERS (SREA)
AMERICAN RIGHT OF WAY ASSOCIATION. MINNEAPOL.IS BOARD OF REAL.TORS
.
.
Mr. L. Hamilton May
October 28, 1986
Page Two
Zoning (Continued)
Permitted Uses:
A. Single Family Dwellings
B. Public or Quasi-public parks and playgrounds
Off-Street Parking Requirements:
Subd. 5 d. (9) Office Buildings:
Three spaces plus at least one space for each 200
square feet of floor area.
Factors Influencing Value
Properties in proximity to one another influence the value of one
another. On Page 126 of "The Appraisal of Real Estatell published
by the American Institute of Real Estate Appraisers, it states:
"Within a neighborhood are often minor differences that define
a sma ller area the immediate neighborhood. The subject
property ordinarily cannot be isolated from the characteristics
of the most proximate properties. Therefore, an appraiser
should pay special attention to the subject property's
immediate neighborhood while analyzing the larger neighborhood.
Properties in. closest proximi ty to one another tend to exert
the greatest influence on value. A~y property, even one that
is commercial, that is on the fringe of a residential district
and near attractive, well-maintained, and desirable properties
tends to progress in value. The same property, near less
attractive, well~maintained, and desirable properties tends to
regress in value."
A neighborhood is defined
Appraisers as "that part
a homogenous grouping
enterprises."
by the American Institute of Real Estate
of an area or community in which there is
of inhabitant's buildings or business
As stated above, "A property near less attractive (less)
desirable properties, tends to regress. in value." The point is,
that it is the single-family residential district as a whole that
sets' the value standard from which adjoining properties draw value
to themselves; it is not the other way around. Other uses and
other densities do not add value to single-family areas.
Conversely, non-compatible or less desirable properties will tend
to depress the value of adjoining properties. An office use in a
residential block of homes is a less desirable use than is a
compatible single-family home.
...
,
.
.
Mr. L. Hamilton May
October 28, 1986
Page Three
Subject Area
Echo Road is in a particularly "fragile" situation as a neighbor-
hood as it is relatively small and isolated from the larger
residential area. It is cut off by the Country Club to the west,
vacant wooded land to the south and east, and City Hall and Badger
City Park lying to the north. Badger Park acts as a buffer between
the commercial development along Smithtown Road (C.R. '19). Badger
Park has a large open ball field with floodlights, and tennis
courts on the west end adjacent to city maintenance yard and
buildings with City Hall on Country Club Road. The floodlights and
city maintenance yard and buildings already negatively impact the
desirability of the immediate area for residential use. The
further encroachment of city offices right onto the residential
street cannot but lessen the desirability of the homes.
It is my opinion as a real estate appraiser of all types of
property over a period of more than 20 years, that the development
of the house at 5795 County Club Road for office use will have a
measurable decrease in value upon the three closest properties
ranging from 5 to 15 percent of market value.
At th i s time I ha ve inspected and measured the three affected
properties, but have not made complete appraisals. However, I am
sure that the current Assessor I s Market Value is at the very low
range of expected value.
Minimum loss in value for each affected property may be expected as
follows:
Minimum Market
Value
Value
%
Loss
$
5825 Country Club Road --
5815 Echo Road ----------
5830 Echo Road ----------
$110,000
$ 95,000
$ 75,000
10
5
10
11,000
4,750
7,500
5830 Echo Road already suffers from locational obsolescence to a
greater degree than the other two properties due to the proximi ty
of t~e lighted ballfield.
At this time I would roughly estimate total damages to the three
homes in. the range of $23,000 to $35,000.
I will await further word from you before proceeding with the
actual appraisals and firm damage estimates.
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QUALIFICATIONS OF DOUGLAS E. FRUEN
)
Bachelor of Arts Degree, University of Minnesota, 1952.
Active as real estate appraiser since 1961. Senior appraiser and
analyst with Real Estate Research Corporation for over two years.
Stockho 1 der and offi cer ~li th Shenehon-Good1 und- Tayl or-Fruen, Inc.,
from 1969 to 1982. Owner and president of Fruen Appraisal Company
from November 1982 to 1986. Associate with O. J. Janski and
Associates, Inc. since August 1986.
Appraisal clients have included Honeywell, CMcago and Northwestern
Rail road, National Poly Products, State Hi ghway Department, State
Department of Administration, Minnesota Historical Society, Veterans
Administration, Napco Corporation, Federal Home Loan Bank, HUD-
Washington, D.C., National park Service, National Forest Service,
General Services Administration, U.S. Life Real E$tate Services, Bank
of St. Louis, St. Charles Associates in Maryland, York Steak House
Systems, FMC Corporationn, First Federal Savings and Loan, Proctor
and Gamble.
Approved as an expert witness for court testimony in real estate
valuation.
Offices held with the Minneapol is Chapter of the Society of Real
Estate Appraisers. Past chairman, Ethics Committee; past chairman,
Membership Committee; and served on the Board of Directors
1970-1976. Treasurer 1973. Second Vice-President 1973-1974.
President 1975-1976. Director 1982-1983.
Member of the Ameri can Institute of Real Estate Apprai sers (MAl).
liThe Ameri can Insti tute of Real Estate Apprai sers conducts a
voluntary program of continuing education for its designated
members. MAIs and RMs who meet the minimum standards of this program
are awarded periodic educational certification." I am certified
under this continuing program.
Senior Member of the American Right of Way Association (SR/WA).
Experience includes work in real estate appraisal, highest and best
use studies, industrial, commercial and residential development
feasibility, re-use appraisals, and investment analysis.
Feasibil i ty analyses have been completed for proposed shoppi ng
centers, industrial parks, mobile home parks, etc.
Appraisal assignments include an entire "new town II , mobile home
parks, farms, development at:reage, industrial parks, residential
sub-divisions, office buildfngs, departlflent stores, nursing homes,
urban renewal projects, gas stations, warehouses, manufacturing
plants, medical clinics, shopping centers, hote1s/motels,single and
multi-family residential, condominiums, marinas, etc.
r C ONTAINEBMlAU
I " \ ') A ~A~ D~Sf~N FOR MEN & WOMEN
.
.
Shorewood City Council
Shorewood, Minn.
4 February 1987
Dear Sirs,
This letter is a request for Richard Steine, of Miami Tan in
shorewood shopping center, to speak at your council meeting on monday,
9 February 1987. This request is in regards to employing a masseuse at
Miami Tan.
Re;:t:~:rL
~nard N. Steine
President, Fontainebleau Inc.
23690 Highway 7 . Excelsior. MN 55331 · (612) 474-8777 / h
RESOIillIrn ID. / y: g]
A RESOIillIrn RECEIVIOO FF.ASIBILI1Y REP(EI' rn
8lIEm\UD Q\KS DEVEIDIMNl' POOJECr #87-1
WHEREAS, pursuant to resolution of the Council adopted January
26, 1987, a report has been prepared by ~r-Schelen-Mayeron & Associates
with reference to the construction of an irrprdvanent known as the
Shorewood Oaks Develop:nent Project #87-1 to include trunk watermain,
utility, street construction and appurtenant work, and this report was
received by the Council on February 9, 1987.
NlV, 'lHEREFam, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota:
1. The Council wi 11 consider the construction of such
.. _ ___irrprov.anents_i.a..accordance_with.the report and. the.assessment of the
~..:-.:~::: bEmefiting. property. for. all of: the cost o,f.the-'int>royanents-pursuant to
__., .Minnesota Statutes Chapter.429. at- an estima.tedt.otal cost of the
in J'u\,iriprovements of $
Ii
- .-."-". Adopted by- the-Gity Council of. the City-of--Shorewood this
day of , 1987.
Mayor
ATl'EST:
Ci ty Clerk
RESOUJrICN 00.
A RESOUJrICN RECEIVIOO FEASIBILI'lY REPCRr CN
SlIEE.VOD OAKS DEVEIDR\1ENl' POOJECl' #87-1
WHEREAS, pursuant to resolution of the Council adopted January
26, 1987, a report has been prepared by ~r-Schelen-Mayeron & Associates
with reference to the construction of an irrprovanent known as the
Shorewood oaks Development Project #87-1 to include trunk watennain,
utility, street construction and appurtenant work, and this report was
received by the Council on February 9, 1987.
NlV, 'lHEREFmE, BE IT RESOLVED by the City Council of the Ci ty of
Shorewood, Minnesota:
1. The Counc il wi 11 cons i der the cons t ruct i on of such
irrprovanents. in ~ccordance wi th the report and the assessment of the
benefiting property "forcall of the cost of the irrprovanents pursuant to
Minnesota Statutes Chapter 429 at an estimated total cost of the
irrprovanen t s 0 f $
Adopted by the-Ci tyChunci 1 of the City of Shorewood this
day of , 1987.
Mayor
ATTEST:
Ci ty Clerk
,.
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RE&>LUl'IeN ro.
A RESOWTIeN RECEIVINJ FEASIBILIlY REP(Rl' eN
SIIEWUD OAKS DEVEIDmENr PIDJECI' #87-1
WHEREAS, pursuant to resolution of the Council adopted January
26, 1987, a report has been prepared by~r-Schelen-Mayeron & Associates
with reference to the construction of an inprovanent known as the
Shorewood oaks Development Project #87-1 to include trunk watennain,
utility, street construction and appurtenant work, and this report was
received by the Council on February 9, 1987.
NlV, '!HEREKIm, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota:
1. The Council will consider the construction of such
_irrprovanents in accordance wi th. the report and the assessment of, the
benefjting property"forall .of the:cost-~f the"illpr9vements pursuant to
Minnesota Statutes Olapter..A29 :aLan-.estimated::totalcost of the
~;.;}. inprovanent s of $".=-.=;,. '
..uau..-Adoptedby the.City-CounciLof the City o LShorewood thit:3
day of , 1987.
Mayor
ATI'EST:
City Clerk
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 3 FEBRUARY, 1987
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 7:33 P.M.
ROLL CALL
Present: Chair Watten; Commissioners Mason, Schultz, Robertson, Leslie (7:35 P.M.),
Benson (8:42 P.M.); Council Liaison Stover; Planner Nielsen; Planning
Assist. Helgesen.
Absent:
Commissioner Spellman (vacation).
APPROVAL OF MINUTES
Schultz moved, seconded by Mason to approve the minutes of 6 January and 20 January,
1987 as written. Motion carried unanimously.
7:30 PM PUBLIC HEARING - SETBACK VARIANCE
William Anderson - 5785 Howards Point Road
Public portion of the public hearing opened at 7:34 P.M.
Mr. Anderson was present to request a setback variance to construct a dining room
and family room addition on the southeast corner of his existing house, which is
20 feet closer ~onthe street r.o.w. than the 50 feet required for theR-1Azoning
district. Section,200.03 Subd. 1k. of the Shorewood Zoning Ordini'\nceprovides,for
the expansion of nonconforming, single-family structures under certain conditions.
One of these conditions requires that where a structure is too tlose to a lot line,
the City may require that the' discrepancy be made up by enlarging the; opposite, .
required yard space. In this case the rear yard setback wo~l~have to be increased
to 70 feet. Mr. Anderson is requesting a setback variance to this condition.
Planner Nielsen indicated that this area on Howards Point Road would be more
appropriately zoned if it were R-1C, and said that this should be considered with
future development.
Public portion of the public hearing closed at 7:38 P.M.
Leslie moved, seconded by Mason to recommend to Council approval of the setback
variance. Motion carried unanimously.
This request will appear before the Council on 9 February, 1987.
7:50 PM PUBLIC HEARING - CONDITIONAL USE PERMIT AND SIMPLE SUBDIVISION
Joe Gorecki for Carlson Clipper Corp. - 6140 Lake Linden Drive
Public portion of the public hearing opened at 7:50 P.M.
Mr. Joe Gorecki, representing Carlson Clipper Corp. was present to request a
conditional use permit to convert the house located at 6140 Lake Linden Drive into
office space use. They would also like to dividi the lot into two. The proposed
division has not changed from that which was approved in 1985, but which the owner
failed to record.
Minutes
Planning Commission Meeting
3 February, 1987
Carlson Clipper Corp. - CUP & Subd., continued:
Planner Nielsen said a site plan drawn to scale and a landscape plan still need to
be submitted by the applicant.
Mr. Gorecki and Mr. Richard Carlson (owner) said that they will comply with all of
the Planner's recommendations.
Bill Anderson, 5785 Howards Point Rd., said that he thinks that anything done to
the house would be an improvement.
Public portion of the public hearing closed at 7:59 P.M.
Watten said that he believes the design will be quite compatible with the residential
character of the area, but the architectural construction should be closely observed.
Mr. Carlson was asked about office type use and marketability. He responded that
he has no ideas now about the type of offices, but presumes that they will be
business offices. He has not done a market study, but hopes that the charm and
character of the design will attract tenants.
Leslie moved, seconded by Mason to recommend to Council approval of the conditional
use permit and subdivision subject to the Planner's recommendations:
1. The applicant must submit an up-to-date (within 30 days) title opinion.
2. The applicant's attorney must provide drainage and utility easements along side
and rear property lines. He must also prepare cross-easements and a maintenance
agreement for the joint driveway. These must be approved by the City Attorney.
3. Park dedication fees must be paid prior to release of the Council resolution
approving the request.
4. The division must be recorded within 30 days of the date the applicant rec~ives
the resolution approving the division.
S. A professional landscape plan must be submitted. The suggestions made in B.1.
of the Planner's Report can be shown on this plan.
6. The applicant should be required to submit construction estimates for the costs
of rennovating the building and constructing the required improvements. Prior
to issuance of a building permit, financial capability to complete the project
must be demonstrated.
7. Prior to issuance of a building permit, the applicant must submit a nonrevocable
letter of credit for one and one-half times the amount of required site
improvements (e.g. landscaping and parking).
8. Prior to issuance of a building permit, construction drawings, prepared by a
registered architect, must be submitted. From these, exiting and handicapped
requirements can be determined.
9. Signage plans should be prepared in compliance with Section 200.03 Subd. 11
of the Shorewood Zoning Ordinance.
Motion carried unanimously by roll call vote - 5 ayes.
This request will appear before the Council on 9 February, 1987.
- 2 -
Minutes
Planning Commission Meeting
3 February, 1987
8:00 PM PUBLIC HEARING - PRELIMINARY PLAT - SHOREWOOD OAKS
Shorewood Oaks Development, Inc. - N. of Hwy 7 & E. of Strawberry Lane
Public portion of the public hearing opened at 8:07 P.M.
Planner Nielsen explained that this plat was given final approval in July of 1985,
but because of personal setbacks on the part of the developer, Mr. Dave Johnson,
the plat was never recorded. Since the Subdivision Ordinance requires plats to be
recorded within a specified period of time, Mr. Johnson must repeat the platting
process, including the public hearing.
Mr. Johnson said there has been no change made to the plat.
Public portion of the public hearing closed at 8:10 P.M.
Schultz moved, seconded by Leslie to recommend to Council approval of the preliminary
plat. Motion carried unanimously.
This request will appear before the Council on 9 February, 1987.
8:10 PM PUBLIC HEARING - REVISED PRELIMINARY PLAT - NEAR MOUNTAIN P.U.D.
Lundgren Bros. Construction - S.E. corner of Near Mountain P.U.D.
Public portion of the public hearing opened at 8:12 P.M.
Peter Phlaum, President of Lundgren Bros., presented a history of the project. He
said they would like to re~ise the plat which currently shows 67 townhouse units to
instead have 36..single....family units. He said the main T€ason.fornthe revision is
because of. marketabi lity. Single-family units at. that locil'ti~n .wHt .als:o blend with
the overall proJect better..
Planner Nielsen pointed out that there will be a loss in Park nedication fees as a
result of this change, in the amount of $15,000. He said the Park Commission reviewed
this request last night, and they are not concerned with the loss in revenue since
there will be less demand on Silverwood Park.
Public portion of the public hearing closed at 8:28 P.M.
Schultz asked if the mixed residential use of this project is consistent with the
Comprehensive Plan. Planner Nielsen said it is very consistent.
Mason asked if this change will affect the drainage plan. Rick Sathyre said the
existing drainage plan will not be disturbed.
Leslie moved, seconded by Mason to recommend to Council approval of the revised
preliminary plat. Motion carried unanimously.
This request will appear before the Council on 9 February, 1987.
- 3 -
Minutes
Planning Commission Meeting
3 February, 1987
8:20 PM PUBLIC HEARING - CONDITIONAL USE PERMIT - CITY HALL/BADGER PARK IMPROVEMENT
PROJECT - CONTINUED FROM 20 JANUARY 1987
Shorewood City Council - 5795 Country Club Road
Public portion of the public hearing re-opened at 8:35 P.M.
Planner Nielsen gave a review of his previous presentation which addressed the issues
currently needing attention, such as parking, landscaping, outdoor storage, etc. on
the City Hall and Badger Park properties.
Hamilton May, 5765 Echo Road, stated that the Commission must take into consideration
the adverse affect which the proposed use of the house would have on the surround-
ing residential property. He said the Commission cannot allow a variance from the
zoning ordinance to depreciate surrounding residential property values. He said
that expanding the existing building must be less expensive than rennovating the
house next door. He stated that there will be litigation if the CUP to convert
the house next door is approved.
Schultz asked Mr. May what elements would be considered detrimental to the surrounding
residents. Mr. May said that office use will depreciate residential property values
and that is the first concern. He said there is concern that a Police Department
could still end up in the house in the future.
Watten asked if the combined square footage and relative parking requirements would
necessitate any additional parking behind the house. Planner Nielsen said that if
it weren't for the garage needing paved access, there would be no parking proposed
behind the house.
William Wrede, 5"830 Echo--Rd;,- said he i-sconvinced-the, proposed parking::spacewiLl"'
eventually destroy the old Willow tree behind the house.
Planner Nielsen said that 'the Park Commission reviewed the proposed improvements
at their me~ting last night. They are not concerned with the use of the houseJ but
did approve the improvements to the park property.
Peter Royse, 5825 Country Club Road, said that when the Police Dept. issue was being
discussed, it was indicated that the house had potential to be used for Police Dept.
use. Planner Nielsen responded that staff would never recommend such use. Any
Police Dept. activity would have been maintained at the existing City Hall site.
Mr. Royse also commented that he is concerned that promises won't be kept. The area
residents protested originally to the current City Hall building and they were made
promises that have not been upheld.
Watten suggested that a compromise could be made with the residents by removing the
shed and eliminating any parking on the house site. He said there could be conditions
placed on the use since this is a C.U.P. request.
Benson said he feels this plan is a "band-aid" approach to space problems and that
it is time to plan better for the future. He suggested that a "neutral" outside
consulting firm be hired to provide an overall plan for space needs of the City Hall,
Public Works, and Badger Park for long-range use.
- 4 -
~
Minutes
Planning Commission Meeting
3 February, 1987
City Hall/Badger Park Improvements, continued:
Joann Carroll, 5815 Echo Road, thanked the Planning Commission for being so open
and direct about this issue.
Nancy Clawson, 5720 Echo Road, said that if the City doesn't even clean up its own
yard, how can the residents believe the house will be maintained.
Leslie cautioned that an overall plan by an outside firm could lead to more Public
Works buildings, rather than offices with such a residential character.
Watten said he agreed with Benson for an overall plan, but said there is an interim
need for space with a limited budget to work with. There could be a condition placed
on the house which would revert it to residential use when such a plan takes effect.
Stover said that the Council had requested Planner Nielsen to specifically prepare
a plan using the house next door shown as office use and how this would work into
the entire area.
Public portion of the public hearing closed~ at 9:52 P.M.
The general consensus of the Planning Commission was that an outside consulting firm
should be hired to perform an overall, long-range plan, which may result in relocating
either Public Works or the City Hall offices.
Schultz moved, seconded by Benson to recommend to Council that the conditional use
permit not be ~ranted. Motion carried py roll call vote - 5 ayes - 1 nay (Watten).
MATTERS FROM THE FLOOR
None.
REPORTS
Council Liaison Stover reported that the house moving permit for Sungold Homes was
tabled because they were not bonded or insured.
ADJOURNMENT
Benson moved, seconded by Leslie to adjourn the meeting at 10:35 P.M. Motion
carried unanimously.
Respectfully submitted,
Patti Helgesen
Planning Assist.
- 5 -
27095 Edgewood Road
Excelsior, MN 55331
February 5, 1987
TO: City of Shorewood Mayor and City Council
RE: Request by William Henney Concerning 26990 Edgewood Road
I would hope that you will find it fair and in order to issue a C.U.P., and
the necessary variances to Mr. William Henney who has bought the above
property contingent upon being able to construct a home thereon.
I appreciate the need for careful planning and consideration in neighborhood
development and also the difficulty in planning posed in trying to meld the
years and years old existing properties with updated and changing
requ i rements wh i ch are all necessary, too.. And then there is the over- all
objective that existing neighbors be happy when there is prospect of
improving property heretofore vacant, and that is very important.
And that is exactly the personality of projecet 26990 Edgewood Road. But,
surely, it can be d.ona., and I know you will take this responsibiltiy
seriously.
I wish to enlarge on the last objective mentioned above---that of the
neighbors being happ~ Most of the surrounding neighbors can view this
question objectively. (In your data note 2 letters received from Charlotte
and Dana Marcelius, 27015 Edgewood Road.)
The resistance to building upon this lot would be minimal except for the
efforts of Mr. David Garber who is attempting to block this sale. Please
refer to the offer of sale to Mr. Herbert Mason and Mr. David Garber, April
24, 1984. The offer was made by request and no response followed.
I wish to state at this time that Mr. Mason, owning and living on the
property adjoining 26990 Edgewood, has expressed his full support.
Considering all facts (including the necessity of securing the variances)
with logic and fairness, it seems that we should be able to dispose of the
property in a regular marketing fashion.
We very much appreciate your consideration and your time spent on this.
Thank you.
Sincerely,
Phyllis Lovrien, on my own behalf and in the interest of the other owners:
Ron and Gene Of stead
Ed and Hildegard Wartman
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 3 FEBRUARY, 1987
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 7:33 P.M.
ROLL CALL
Present: Chair Watten; Commissioners Mason, Schultz, Robertson, Leslie (7:35 P.M.),
Benson (8:42 P.M.); Council Liaison Stover; Planner Nielsen; Planning
Assist. Helgesen.
Absent:
Commissioner Spellman (vacation).
APPROVAL OF MINUTES
Schultz moved, seconded by Mason to approve the minutes of 6 January and 20 January,
1987 as written. Motion carried unanimously.
7:30 PM PUBLIC HEARING - SETBACK VARIANCE
William Anderson - 5785 Howards Point Road
Public portion of the public hearing opened at 7:34 P.M.
Mr. Anderson was present to request a setback variance to construct a dining room
and family room addition on the southeast corner of his existing house, which is
20 feet closer to the stre.et r.o.w~ than the 50 feet required for the R-1A zoning
district. Section 200.03Subd.1k.of the Shorewood Zoning Ordinance ptovidesfor
the expansionofnonconformingi single-family structures under cert~in conditions.
-=-Bn~of these conditionsHrequires that where a structure is too close to a lot line,
~-t'heCity may require that the discrepancy be made Up by enlarging the Hopposite .
required yard space. In this case the rear yard setback would have to be increased
to 70 feet. Mr. Anderson is requesting a setback variance to this condition.
Planner Nielsen indicated that this area on Howards Point Road would be more
appropriately zoned if it were R-1C, and said that this should be considered with
future development.
Public portion of the public hearing closed at 7:38 P.M.
Leslie moved, seconded by Mason to recommend to Council approval of the setback
variance. Motion carried unanimously.
This request will appear before the Council on 9 February, 1987.
7:50 PM PUBLIC HEARING - CONDITIONAL USE PERMIT AND SIMPLE SUBDIVISION
Joe Gorecki for Carlson Clipper Corp. - 6140 Lake Linden Drive
Public portion of the public hearing opened at 7:50 P.M.
Mr. Joe Gorecki, representing Carlson Clipper Corp. was present to request a
conditional use permit to convert the house located at 6140 Lake Linden Drive into
office space use. They would also like to divide the lot into two. The proposed
division has not changed from that which was approved in 1985, but which the owner
failed to record.
,.
Minutes
Planning Commission Meeting
3 February, 1987
Carlson Clipper Corp. - CUP & Subd., continued:
Planner Nielsen said a site plan drawn to scale and a landscape plan still need to
be submitted by the applicant.
Mr. Gorecki and Mr. Richard Carlson (owner) said that they will comply with all of
the Planner's recommendations.
Bill Anderson, 5785 Howards Point Rd., said that he thinks that anything done to
the house would be an improvement.
Public portion of the public hearing closed at 7:59 P.M.
Watten said that he believes the design will be quite compatible with the residential
character of the area, but the architectural construction should be closely observed.
Mr. Carlson was asked about office type use and marketability. He responded that
he has no ideas now about the type of offices, but presumes that they will be
business offices. He has not done a market study, but hopes that the charm and
character of the design will attract tenants.
Leslie moved, seconded by Mason to recommend to Council approval of the conditional
use permit and subdivision subject to the Planner's recommendations:
1. The applicant must submit an up-to-date (within 30 days) title opinion.
2. The applicant's attorney must provide drainage and utility easements along side
and rear, property lines. He must also prepare cross-easements and a maintenance
agreement for the joint driveway. These must be approved by the City Attorney.
3. Park dedic.ationfees must be paid prior to release of the.Council resDlutiofl'
approving the request.
4. The division must be recorded within 30 days of the date the applicant receives
the resolution approving the division.
5. A professional landscape plan must be submitted. The suggestions made in B.1.
of the Planner's Report can be shown on this plan.
6. The applicant should be required to submit construction estimates for the costs
of rennovating the building and constructing the required improvements. Prior
to issuance of a building permit, financial capability to complete the project
must be demonstrated.
7. Prior to issuance of a building permit, the applicant must submit a nonrevocable
letter of credit for one and one-half times the amount of required site
improvements (e.g. landscaping and parking).
8. Prior to issuance of a building permit, construction drawings, prepared by a
registered architect, must be submitted. From these, exiting and handicapped
requirements can be determined.
9. Signage plans should be prepared in compliance with Section 200.03 Subd. 11
of the Shorewood Zoning Ordinance.
Motion carried unanimously by roll call vote - 5 ayes.
This request will appear before the Council on 9 February, 1987.
- 2 -
Minutes
Planning Commission Meeting
3 February, 1987
8:00 PM PUBLIC HEARING - PRELIMINARY PLAT - SHOREWOOD OAKS
Shorewood Oaks Development, Inc. - N. of Hwy 7 & E. of Strawberry Lane
Public portion of the public hearing opened at 8:07 P.M.
Planner Nielsen explained that this plat was given final approval in July of 1985,
but because of personal setbacks on the part of the developer, Mr. Dave Johnson,
the plat was never recorded. Since the Subdivision Ordinance requires plats to be
recorded within a specified period of time, Mr. Johnson must repeat the platting
process, including the public hearing.
Mr. Johnson said there has been no change made to the plat.
Public portion of the public hearing closed at 8:10 P.M.
Schultz moved, seconded by Leslie to recommend to Council approval of the preliminary
plat. Motion carried unanimously.
This request will appear before the Council on 9 February, 1987.
8:10 PM PUBLIC HEARING - REVISED PRELIMINARY PLAT - NEAR MOUNTAIN P.U.D.
Lundgren Bros. Construction - S.E. corner of Near Mountain P.U.D.
Public portion of the public hearing opened at 8:12 P.M.
.~
Peter Phlaum,President of Lundgren Bros., presented a history of the project. He
said they would like to revise the plat which currently shows 67 townhouse units to
instead have 36 single~family units. He said the main reason for the revision is
because of marketability. 'Single-familyu-nits at that location will also blend with
the overall project better., '
Planner ~ielsenpointed out that there will.be a loss in Park Dedication fees as a
result of this change, in the amount of $15,000. He said the Park Commission reviewed
this request last night, and they are not concerned with the loss in revenue since
there will be less demand on Silverwood Park.
Public portion of the public hearing closed at 8:28 P.M.
Schultz asked if the mixed residential use of this project is consistent with the
Comprehensive Plan. Planner Nielsen said it is very consistent.
Mason asked if this change will affect the drainage plan. Rick Sathyre said the
existing drainage plan will not be disturbed.
Leslie moved, seconded by Mason to recommend to Council approval of the revised
preliminary plat. Motion carried unanimously.
This request will appear before the Council on 9 February, 1987.
- 3 -
Minutes
Planning Commission Meeting
3 February, 1987
8:20 PM PUBLIC HEARING - CONDITIONAL USE PERMIT - CITY HALL/BADGER PARK IMPROVEMENT
PROJECT - CONTINUED FROM 20 JANUARY 1987
Shorewood City Council - 5795 Country Club Road
Public portion of the public hearing re-opened at 8:35 P.M.
Planner Nielsen gave a review of his previous presentation which addressed the issues
currently needing attention, such as parking, landscaping, outdoor storage, etc. on
the City Hall and Badger Park properties.
Hamilton May, 5765 Echo Road, stated that the Commission must take into consideration
the adverse affect which the proposed use of the house would have on the surround-
ing residential property. He said the Commission cannot allow a variance from the
zoning ordinance to depreciate surrounding residential property values. He said
that expanding the existing building must be less expensive than rennovating the
house next door. He stated that there will be litigation if the CUP to convert
the house next door is approved.
Schultz asked Mr. May what elements would bE considered detrimental to the surrounding
residents. Mr. May said that office use will depreciate residential property values
and that is the first concern. He said there is concern that a Police Department
could still end up in the house in the future.
Watten asked if the combined square footage and relative parking requirements would
necessitate any additional parking behind the house. Planner Nielsen said that if
it weren't for the garage needing paved access, there would be no parking proposed
behind the house.
Wi 11 iam Wrede, .5.830 Echo'Rd;',' said"he is Hco'nvinced t-he ,proposed parking space Mill. , I i
eventually destrcy:rhe old Willow ,tree behind the house j
Planner Nielsen said that 'the Park Commission reviewed the proposed improvements.
at their meeting last night. They are not concerned with the use of the house, but
did approve the improvements to the park property.
Peter Royse, 5825 Country Club Road, said that when the Police Dept. issue was being
discussed, it was indicated that the house had potential to be used for Police Dept.
use. Planner Nielsen responded that staff would never recommend such use. Any
Police Dept. activity would have been maintained at the existing City Hall site.
Mr. Royse also commented that he is concerned that promises won't be kept. The area
residents protested originally to the current City Hall building and they were made
promises that have not been upheld.
Watten suggested that a compromise could be made with the residents by removing the
shed and eliminating any parking on the house site. He said there could be conditions
placed on the use since this is a C.U.P. request.
Benson said he feels this plan is a "band-aid" approach to space problems and that
it is time to plan better for the future. He suggested that a "neutral" outside
consulting firm be hired to provide an overall plan for space needs of the City Hall,
Public Works, and Badger Park for long-range use.
- 4 -
~
Minutes
Planning Commission Meeting
3 February, 1987
City Hall/Badger Park Improvements, continued:
Joann Carroll, 5815 Echo Road, thanked the Planning Commission for being so open
and direct about this issue.
Nancy Clawson, 5720 Echo Road, said that if the City doesn't even clean up its own
yard, how can the residents believe the house will be maintained.
Leslie cautioned that an overall plan by an outside firm cQuld lead to more Public
Works buildings, rather than offices with such a residential character.
Watten said he agreed with Benson for an overall plan, but said there is an interim
need for space with a limited budget to work with. There could be a condition placed
on the house which would revert it to residential use when such a plan takes effect.
Stover said that the Council had requested Planner Nielsen to specifically prepare
a plan using the house next door shown as office use and how this would work into
the entire area.
Public portion of the public hearing closed at 9:52 P.M.
The general consensus of the Planning Commission was that an outside consulting firm
should be hired to perform an overall, long-range plan, which may result in relocating
either Public Works or the City Hall offices.
Schultz moved, seconded by Benson to recommend to Council that the conditional use
permit not be granted. Motion carried by roll call vote - 5 ayes - 1 nay (Watten).
,
MATTERS FROM THE FLOOR
None.
REPORTS
Council Liaison Stover reported that the house moving permit for Sungold Homes was
tabled because they were not bonded or insured.
ADJOURNMENT
Benson moved, seconded by Leslie to adjourn the meeting at 10:35 P.M. Motion
carried unanimously.
Respectfully submitted,
Patti Helgesen
Planning Assist.
- 5 -
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
14.3 (3ak Str--eet
EXCELSIOR~ MINNESOTA
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14.3 Oak Street
EXCELSIOR~ MINNESOTA 55331
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