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111483 CC Reg AgP ... ,t) ~'" i/ ),. ~t.\{ J. ~1-""'~ . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, NOVEMBER 14, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM AGE N D A CALL TO ORDER: ~ Pledge of Allegiance and Prayer ;Y Roll Call Shaw / ~~ Stover ~ Gagne Mayor Rascop 1\1 Haugen 1. APPROVAL OF MINUTES: ~ Regular Council Meeting - October 24, 1983 [attachment #la] ~ Special Council Meeting - October 27, 1983 [attachment #lb] ~ CITIZEN'S FORUM: A. B. ~ 7:45 PM - PUBLIC HEARING - REQUEST FOR SUBDIVISION AND VARIANCE Location: Applicant: 5570 Covington Road Mr. James Emmer [attachment #3a-Staff Report] [attachment #3b-Plan Com. Recommendation] ~ 8,00 PM - PUBLIC HEARING - REQUEST FOR SIGN VARIANCE - CHAMPION AUTO STORES Location: Applicant: 23714 State Highway 7 Kenneth Griffith . [attachment #4a-Staff Report] [attachment #4b-Plan. Com. Recommendation] 8:15 PM - PUBLIC HEARING - REAR YARD SETBACK VARIANCE Location: Applicant: 28115 Boulder Bridge Drive Wheeler and Associates [attachment #5a-Staff Report] [attachment #5b-Plan. Com. Recommendation] . . AGENDA REGULAR COUNCIL MEETING NOVEMBER 14, 1983 page two ~ 8:30 PM _ PUBLIC HEARING - REQUEST FOR SUBDIVISION AND AREA VARIANCE: Location: Applicant: 5285 Shady Island Road Howard Shenehon and Mary Goodlund [attachment #6a-Staff Report] [attachment #6b-Plan. Com. Recommendation] ~REQUEST FOR CONDITIONAL USE PERMIT: Location: Applicant: Lake Virginia Lift Station MWCC [attachment #7a-Staff Report] [attachment #7b-Plan. Com. Recommendation] I SHOREWOOD NURSERY EXPANSION: Location: Applicant: 27505 Smithtown Road Mr. Gary Minion (I) Rezoning Request from R-5, Multiple Family to R-C, Residential Commercial: (II) Zoning Ordinance Amendment to include Single Family Dwellings in the R-C District: (III) Conditional Use Permit - Expansion of the Shorewood Nursery /LANNING A. [attachment #8a-Staff Report] [attachment #8b-Plan. Com. Recommendation] COMMISSION REPORT: / B. ~ ~ARK COMMISSION REPORT: A. B. 11. ATTORNEY'S REPORT: A. 12. ENGINEER'S REPORT: A. . . AGENDA REGULAR COUNCIL MEETING NOVEMBER 14, 1983 page three 13. ADMINISTRATIVE REPORT: A. Informational Petition [attachment #13aJ B. Approval of Wine License, Sunday License, and non-intoxicating Malt Liquor License C. Approval of 1984 Audit Agreement [attachment #13bJ D. Discussion of Road Grader Replacement E. Appointment of Staff Positions F. Information items and meeting dates 14. MAYOR'S REPORT: A. 15. COUNCIL REPORTS: A. 16. APPROVAL OF CLAIMS AND ADJOURNMENT: " .-r e> 1'- . h t. ,..,. ~ 4- - We ~ :. COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, OCTOBER 24, 1983 M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 PM, October 24, 1983, in the Council Chambers. PLEDGE OF ALLEGIANCE The meeting onened with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Shaw, Stover and Gagne Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer, Planner Nielsen, and Clerk Kennelly APPROVAL OF MINUTES Stover moved, seconded by Gagne, to approve the minutes of October 3, 1983, as written. Motion carried unanimously. CITIZEN'S FORUM Ron Kokesh Fence Report A letter form Stephen C. Davis, representing Ron Kokesh of 26260 Birch Bluff Road, was read by Mayor Rascop. The letter questioned why the fence permit, that was granted by the Council, had not been issued yet. Mr. Christensen of 26190 Birch Bluff Road was present, and withdrew his wife's letter of the approval for Kokesh fence along their property line. Haugen moved, seconded by Shaw, to reconsider the Resolution #72-83 approving the construction of the Kokesh fence variance granted October 3, 1983. Motion carried - 4 ayes (Rascop did not vote because of a previous nay vote on motion.) Stover moved, seconded by Gagne, to rescind the variance allowing the six (6) foot fence along the east property line of Kokesh's property. Motion carried - 4 ayes - 1 abstain (Shaw) Haugen moved, seconded by Gagne, to approve a four (4) foot fence along the east property line to extend to the Northeast corner of the Kokesh house. Motion carried - 4 ayes - 1 abstain (Shaw) Signage Request A request for new signage along Covington Road was made by Louis and Colleen Bellamy of 5795 Covington Road. Council referred the matter to the police for recommendation. I~ .. . REGUL~COUNCIL MEETING OCTOBER 24, 1983 page two 7:45 PUBLIC HEARING RESOLUTION NO. 73-83 Richard Smith - 5860 Ridge Road A Public Hearing was opened at 8:03 PM to hear a request of Richard Smith for a simple subdivision with a variance because the lot will front on a nonpublic road. Mrs. Voegel asked how large the lots would be. Each lot will contain 70,000 square feet. Public portion was closed at 8:05 PM. Council questioned whether the lot is buildable. Mr. Smith has an Engineer's report stating that the lot is buildable. Building Official would like the report placed in the property file. Haugen moved, seconded by Rascop, to approve the subdivision in accord- ance with the 5 conditions recommended by the Planner. Motion carried unanimously by Roll Call Vote. 5 ayes. 8:00 PM PUBLIC HEARING RESOLUTION NO. 74-83 P.U.D. Concept Stage Approval - Robert Peterson - 5474 Covington Rd. Public Hearing was opened at 8:10 PM. Review of the plan was presented by Mr. Peterson. Public portion of the hearing was closed with one public comment at 8:13 PM. Stover moved, seconded by Gagne, to approve the P.U.D. Concept Stage Approval for a 5 lot division and to reserve the right to divide Lot 5 at the time when an access can be obtained, also to include the Planner's recommendation and increase the road width to 50 feet and the cul-de-sac to 100 foot circle. Motion carried unanimously by Roll Call Vote. 5 ayes. 8:30 PM PUBLIC HEARING Henry Arent - 4e12 Ferncroft Drive RESOLUTION NO. 75-83 Mr. Arent presented his request to improve a nonconforming structure. He would like to up-date this building to current building codes. This building was purchased as a double unit in a single family zone. Public comments were voiced by Mrs. Meakins, Harriet Setnan, Mrs. Tierney, Mr. Post and Mr. Wang. They commented on: 1. What neiep thought of the use? 2. How longdo$?s the "Grandfather" clause exist? 3. Single fa' zones should contain only single family housing. 4. Complaint on insufficent parking area for two families. 5. Current drainage problem exists. Public portion of the hearing was closed at 8:15 PM. . RE~AR COUNCIL MEETING OCTOBER 24, 1983 page three ARENT HEARING-continued Planner Nielsen reviewed his report for the audience and Council. The request is to alter a nonconforming structure with a nonconforming use. The Planner suggested it be brought up to code as a single family dwelling. Gagne moved, seconded by Shaw, to instruct Attorney Larson to draw a Resolution denying the request. Motion carried unanimously for denial. Haugen moved, seconded by Shaw, to reduce the sewer service charges to one unit, inform tax assessor of reduced use of structure to single family and to include approval of setback variances necessary to issue a building permit for improvements to the existing structure. Motion carried unanimously. PRESENTATION OF CITIZENS NOTICE - JIM BEAL Jim Beal of 20295 Manor Road presented the Council with a signed petition stating: WE, THE UNDERSIGNED RESIDENTS OF THE CITY OF SHOREWOOD, MINNESOTA DO HEREBY REQUEST OUR MAYOR AND CITY COUNCIL TO IMMEDIAT- ELY RESCIND AND REVOKE ALL CITY ORDINANCES, POLICIES AND PLANS WHICH HAVE THE EFFECT OF INCURRING ANY FURTHER MONETARY EXPENDITURES FOR THE USE OF WATER WITHIN THE BOUNDARIES OF THE CITY OF SHOREWOOD, WHICH COSTS ARE IN ANY WAY REFLECTED IN THE GENERAL TAX LEVY OF THIS COMMUNITY. FURTHER, WE DO HEREBY DEMAND THAT THE MAYOR AND CITY COUNCIL IMMEDIATELY RESCIND AND VACATE THE ACTION OF THE CITY COUNCIL TAKEN ON OCTOBER 3, 1983 AND REDRAFT THE CITY BUDGET SO AS TO REQUIRE ALL RESIDENTS OF THE CITY OF SHOREWOOD WHO ARE RECEIVING CITY WATER TO PAY FOR SUCH WATER IN FULL. THAT WE FURTHER DEMAND THAT THE CITY OF SHOREWOOD HONOR ITS PRIOR COMMITMENTS AND PROMISES TO THE TAX-PAYING PUBLIC OF SHOREWOOD WHICH HAS CONSISTENTLY PROMISED ALL RESIDENTS THAT NO ATTEMPT WOULD EVER BE MAKE TO PASS THE COST OF THE WATER WELLS LOCATED IN THE CITY TO THE TAX-PAYING PUBLIC IN GENERAL. THAT FINALLY, IN THE EVENT THAT THE MAYOR OR ANY OF THE COUNCIL MEMBERS REFUSE TO HONOR THESE FUNDAMENTAL REQUESTS, THAT THOSE PER- SONS IMMEDIATELY RESIGN THEIR POSITIONS ON THE BASIS OF THEIR FAIL- URE TO BE RESPONSIVE TO THE WISHES OF THE GENERAL PUBLIC IN AND FOR SHOREWOOD, MINNESOTA. Mr. Beal stated, "that if the Council did not go along with the requests made on this petition, that legal action will be taken". Mr. Beal submitted the~l petitions to Clerk Kennelly to be held :f:j:l.Y' ~, .rlflr;;ntiO:tr~f' ",i.6'n~+H~~[i] aBa.. tg be filed with the Council minutes. ~ . REGUL.COUNCIL MEETING OCTOB 24, 1983 page four Statements and questions regarding budget, financial problems, suggested budget cuts and solutions and compromises were received from: Clair Towne Jay Venero Mrs. Towne Mrs Voegel Tom Lowe Howard Rice Mrs. Gerber Mariane Johnston Mary Lopez Mr. Beal Mike Pierro Tore Gram Tom Wartman Mr. Post Lenore Johnson Gordon Hull Council and Staff responded to questions as requested. Mayor Rascop invited Mr. Beal and Mr. Towne to attend a information meeting with Administrator Uhrhammer and himself on Tuesday, October 25, 1983, at 6:00 PM. Beal and Towne agreed to attend. COUNCIL BREAK 10:14.......................10:23 EUREKA ROAD EXTENSION PETITION Gene Ruffenach of 25725 Birch Bluff Road presented a petition requesting the Council to allow the area residents to continue installing and maintaining a dock on the extension of platted Eureka Road on Lake Minnetonka. The Council will set policy on all road extensions to the lake prior to the "ice out" in the spring of 1984. (Petition filed with the minutes) COMPREHENSIVE PLAN AMENDMENT GUIDELINES Planner Nielsen presented guidelines to follow to allow amendments to be made to the Comprehensive Plan. He requested the Council to adopt this second draft (first reading) as policy. Council reviewed these guidelines. Haugen moved, seconded by Gagne, to accept this second draft as an administrative policy and to review this policy again in a years time. Motion carried - 4 ayes - 1 abstain (Rascop) PARK COMMISSION Marty Jakel requested a letter be sent to retiring Lonnie Cousins, commending her for all her efforts and the good work she accomplished while on the Park Commission. He would also like a news release in the local paper asking for interested residents to file for her position. Park Commission discussed "Ice Rink Management Policy", sound system, benches for rinks and sharing equipment and personnel with other cities. . REGULAR CWCIL MEETING OCTOBER 2 1983 page five ATTORNEY'S REPORT Greenwood Lift Station Trial has been set for October 29, 1983 in front of Judge Riley. Non-dedicated land - Edgewood Road (Garber) Attorney Larson would like the Council to instruct him as to how much land the Council would like to obtain for right-of-way in this area. Haugen moved, seconded by Rascop, to request 15 feet on the North side of 26980 Edgewood Road for snow removal and maintenance. Motion carried unanimously. ENGINEER'S REPORT Boulder Bridge 2nd Addition Engineer Norton is recommending allowing Tom Wartman to go ahead with the underground work on his 2nd Addition according to the Engineer's letter of recommendation. Mr. Wartman has agreed to follow the Engineer's letter, all plans and specifications, and the conditions set in the Preliminary Plat approval. He has agreed to pay for all inspection costs made by the City. Rascop moved, seconded by Haugen, to approve the start up of the underground utilities for Boulder Bridge 2nd Addition. Motion carried. ADMINISTRATIVE REPORT ORDINANCE NO. 150 Amendment to Ordinance 77 - Telephone Switching Station The third reading of the Ordinance amendment to include "telephone switching station" was reviewed and changes were made. Rascop moved, seconded by Haugen, to adopt the amendment as corrected. Ordinance amendment was approved - 4 ayes - 1 nay (Shaw) Robert Brown Variance RESOLUTION NO. 76-83 Resolution to approve a variance for Robert Brown on the property located at 20680 Garden Road was presented. Stover moved, seconded by Rascop, to approve the variance by this Resolution. Motion approved - 5 ayes by Roll Call Vote. Cathcart Park Requests Administrator Uhrhammer addressed Mr. Gary Carlson's request. The City will remove the poles from the road side, and Chanhassen will deal with the other requests that were made. Insurance Bid Review Meeting The meeting will be held at 6:30 PM - Thursday, October 27, 1983. Finance Committee Appointment The Finance Committee has four current members: Ed Bergslien, John Bridge, Kitty Francen and Steve Frazier. 4 . REGULAR,. UNCIL MEETING OCTOBER 1983 page six Rascop moved, seconded by Haugen, to appoint Mary Cronin and Kathy Amlow as new members to the Finance Committee. Motion carried unanimously. MAYOR'S REPORT Drug Awareness Fund Mayor Rascop would like suggestions on how the funds would best be used. LMCD Dock expansion has been requested by Schmidt Marina on Excelsior Bay. Christmas Lake Home Owners Association The Home Owners Association donated their 1983 dues to the City Park Fund. The check for $100.00 was gratefRlly ~ccepted with. j appreciation from the Coun il. p...s-J P...J'I.l,,;, ':r<~(<1 .(l~c,~;.? lCt'-.,- Ci~ rn. 3fj ~-'UJ) ",--. ~ .~.. . . cI ._ Police Department Request -- The Police Department is requesting a 9% increase i salary plus uniforms and miscellaneous other benefits. Council felt that the 12th partolman should not be hired until the Greenwood/Deephaven merger has been voted on. Traffic Survey A request for a 20 M.P.H. speed limit on Enchanted Lane. Administrator Uhrhammer will submit request to Minnesota Dept. of Transportation for speed study. COUNCIL REPORT Cable Bill Haugen requested the Council's support in opposing a bill before the Congress that would remove a lot of the cities control over the cable system and give it to the Cable companies. Rascop moved, seconded by Haugen, to draft a letter in opposition to the Cable Bill and forward to our representative in Congress. Motion carried unanimously. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Rascop, to approve claims for payment to be followed by adjournment at 12:50 AM. Motion carried unanimously. General Fund [acct #00166] Checks Liquor Fund ]acct #00174] Checks Respectfully submitted, Mayor Sandra L. Kennelly SLK: sn ~- '-4 - . CITY OF SHOREWOOD SPECIAL COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 COUNCIL CHAMBER 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER: The special meeting of the Shorewood City Council was called to order . by Mayor Rascop at 6:30 PM, October 27, 1983, in the Administrator's Office. ROLL CALL: Present: Mayor Rascop, Councilmembers Haugen, Shaw, Gagne Staff: Administrator Uhrhammer, Finance Director Beck, Risk Manager Dwight Tange, Risk Control, Inc. Absent: Councilmember Stover REVIEW OF INSURANCE BID AND CONSULTANT'S REPORT: Mr. Tange of Risk Control, Inc. presented a report entitled "Review and Recommendation for Insurance Program, City of Shorewood, Minnesota!', and answered questions asked by Council members regarding the Insurance recommendations listed in the report. Insurance Bids evaluated in the report were received from the following agencies and companies: 1) Robert's Insurance Agency, Inc.; American State Insurance Co. 2) The League of Municipalities 3) Roger Hennessy Agency; Home Insurance Co. 4) Ken Jarcho Ins. Agency: National Union Fire Ins. Co. 5) Frank Ademite Agency: Sentry Ins. Co. The following three motions were made in response to Risk Control's Report to the City. 1) Shaw moved, seconded by Haugen, to accept the consultants recommendations to approve National Union Fire Ins. Co., Agent Mr. Ken Jarcho as the City's Insurer and agent for all insurance lines~xcep~Workmens Compensation Insurance,-t- effective November 1, 1983. Deductibles to be the same as recommended in the Insurance Consultants report. Motion carried unanimously. 'v (J/$"b &r~ eMv oIu- oV:-J ~ ~/ L ~ JJ 'S \b I . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, November 14, 1983 at 7:45 P.M., or as soon thereafter as possible. The purpose of the Hearing is to consider a request by James Emmer for a lot split and lot area variance for property located at approximately 5500 Coving- ton Road, property described as: Lot 3, Block 1, Noel Wood Addition P.I.D. = #36-117-23-21-0007 Oral and written comments will be considered at that time. * Please note that the Planning Commission will review the application at their November 1, 1983 meeting to be held at the above address. All interested individuals are encouraged to attend. CITY OF SHOREWOOD Sandra Kennelly, City Clerk To be published - October 19, 1983 3 "''1 ",~v MEMORANDUM TO: FROM: DATE: RE: FILE NO.: . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 25 OCTOBER 1983 EMMER, JAMES - PROPOSED LOT SPLIT AND VARIANCE 405 (83.44) In 1982 Mr. James Emmer received approval of a simple subdivision and lot area variance. Section IV. A. 7. of the Shorewood Subdivision Ordinance (#79) requires that subdivisions be filed with the County within 30 days of approval or the approval is considered void. Consequently Mr. Emmer has resubmitted his subdivision and variance request. Since the request has not changed since it was approved, the original staff report is attached for your review (Attachment 1). Attachments 2 and 3 are the Planning Commission and Council minutes, respectively, from the metings at which the request was approved. It should be noted that an access plan for the two lots which was required by both the Planning Commission and Council was never submitted by the applicant. BN:sn cc: Doug Uhrhammer Jim Norton Gary Larson Sue Niccum James Emmer A Residential Community on Lake Minnetonka's South Shore 3 a.... NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Shorewood Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 1 April 1982 RE: FILE NO: Emmer, James - Proposed Lot Split , 656.09 (82.05) BACKGROUND Mr. James Emmer, 5570 Covington Road, has requested approval of a lot division for Lot 3, Block 1, Noel Wood Addition (see Exhibit A, attached). The property contains approximately 78,000 square feet in area and is zoned R-l, Single Family Residence District. The proposed division is shown on Exhibit B. ISSUES AND ANALYSIS 1. Zoning and Subdivision Requirements. The two lots meet or exceed the requirements of the R-l District with the exception of lot size for Parcel B. As proposed, Parcel B will be 1972 square feet short of the 40,000 square foot requirement. It should be noted that the south line of Lot 3 was originally platted to radiate from the curve of Covington Road. This is typically considered good subdivision practice. However, if the south line had been squared off a bit, itcould have increased the size of Lot 3 and this variance could have been avoided. Since Mr. Emmer currently owns Lot 4, the City could require that he adjust the lot line to increase the size of Parcel B. This is viewed, however, as being somewhat impractical, especially con- sidering the relatively small variance necessary. Since little would be gained by requiring the lot line to be adjusted, the variance may be justifiable. Given the need for the size variance, the division also requires a variance to the procedural requirements of the Subdivision Ordinance. That is, the Ordinance allows lot splits such as this to be processed as "simple subdivisions" unless a variance is involved, in which case platting would be required. In view of the simplicity of this ,request, requiring platting seems unreason- able. A1t~~r\t , 4820 minnetonka boulevard, suite 420 minneapolis, -- Shorewood Planning Commission, Mayor and City Council 1 April 1982 Page Two 2. Existing Nonconformity. Lot 3 is currently occupied by a tennis court which is used by the applicant. Since tennis courts are allowed only when auxiliary to a permitted principal use, the existing court constitutes a nonconforming use. We have dis- cussed this issue with the City Attorney and have come to the conclusion that allowing the lot split would not be considered expanding or intensifying a nonconforming use. Further, if a house were built on Parcel B, the tennis court would then conform to zoning requirements. 3. Suitability for Development. While the variance in itself does not concern us, we do question the suitability of the site for building purposes. As can be seen on the attached exhibits, the site is charaeterized by a severe drop in topogtaphy (as much as 24 percent). While Parcel B levels off on its west side, the level area is ten feet lower than the road. Parcel A is considerably steeper. The City Engineer has informed us that sewer is available along Covington Road and also along the northeast side of Christmas Lake. He has also indicated that gravity service to the Christmas Lake line may be considerably more costly than a lift station for the two new lots. Although either option is expensive, sewer service does not preclude development of the site. In the event gravity service were to be provided, an easement along the northerly line of Lot 4 would be necessary. Of greater concern is the accessibility of the lots, primarily Parcel A. Without substantial site alteration (filling and tree removal) the existing grade will make access difficult and potentially hazardous. It is recommended that the applicant be required to demonstrate how the property can be developed. This should include indication as to the extent of site alteration necessary to allow a structure to be built and provide safe access to the site. It is quite possible that the best way to provide access to both properties is to require that the two lots be served by a single driveway located in as level a location as possible. Shorewood Planning Commission, Mayor and Ci ty Council 1 April 1982 Page Three RECOt1MENDATION In recognition of the constraints imposed by the natural features of the area, the lots in the Noel Wood Addition appear to have been platted larger than zoning requirements would dictate. In view of the concerns raised in the preceding analysis, it is advised that the City view the proposed division with caution. If the split is to be approved, it should be conditioned upon the applicant demonstrating how the site can be developed. cc: Doug Uhrhammer Ga ry La rson Jim Norton James Emmer :.. 46.1+ Res - - -. .- ,\~ . d . ~H I" - Z/JO' ~ CEMETERY ~' , ..." .., ~'(J' /1 , ... ....... ........ ,. .1! : ., : ..' , .- OF THE ~ o' .... .. /' ~ RESURRECTION , . 1 t.' . j.r v ~.; ,.; 25 1 E~-,t ~,4Z4" . . .. 't" , "J ~ r-: ~ PROPERTY IN CEMETERY Jf\ ~ (I 0 .... 1 "" ci C) 3 j , \. 1~/) OF THE r. - ,..... )".f~ .........1 ..... I~~..... .:... :< l< ~~ SECOND .j ~(': 'lj :~ - - IDO 0 'l '"'\ ,. - 3ad5- .... '1- - ~ : 5) c - c -t~~ - e l~) ~ ~~ - .,,,~- 0HrZ\t7"'~5 ~ Exhibit A SITE LOCATION MAP Emmer Property Division 1\ . . i ~ .-. ; C.'" t1" :: ~'a U 0 .... & '3 c: : ..e \ J ""0 0'" 0 c: \ Oio ':;;: 0- 0 \ ~!.. u ! '.) \Den -.. Q 'f;)J ~ I , ! .... I CD n.. 1 ~ 1'] I 0 Q ('t) . 0 ~ O' I 0\ m~ ,... ~. \ \ ~~ "'.)", . 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"~I, . \ 1'-~ U\ ~'\\\ d 1 V ,-'-.. ~~ j~; I' i i i 1(( r i i i U!i : '\ :' II' ,.,!\" ,,';'--" ~-~ I~~\~ / \";09'1 'I ~ -J ~ ~~;~ ~.( 1\\\\,i\\i\'\\\\\\:\\~,0~ \'f ~~~~__ * /!0~/!I)l~JMI /~~ ~ ::-:::c: ,,' !. ~\.'.\~\'\~~~\\S\\~~~.~. \~J\~ \, ~.~~/O~W~::-::~./ ,qo.2,~,~VJi;/J/r~ ~ /\ . \ \\\ \~ "\ ,\ ~'-.\~~~'> ~\ \' \ '00676 . I \\ ~ J '- '.") " ,..---..._' y / ) 11)l/ / /J)JI-~ :.,,' '\\\J~~(\'.\\'\~~~ ~:'~\\ ,\\ \ \\" j)):\\ '. '. ij - -:....~ ( ~........., (: I J J / - --.-:; ~-~~,~t~~~~~^:~ ~4~:4)1/ ~~~.\ I~~ j '~~~~\, ~~ ~~~~/' '" \ I i \~ ~\\~~ \ " '~-. '~~~'. -.\ ?~' 0 )I'~/V/~ : ,,' ~ \ '-' /~ ~I>~~ ~ ,-.' '0;10 /K / I-:;;::~~IJJ/J / ~6.) ,. I "...,~ "ls: ,'--"/ p,.. . \ ~ ' '~ P /_ "-J , I ' 0", ',' ~" \~ .~ - ( \ 'Ii 7, /::: . ; " ~'-~~~,' \~~~, \ ~ ~~~'/~~ , " I ~'\~~ \ \\\ l\" \\\ \\\1. ~ "".;;: ~//?::::.::::::::::==::::. ~ i .. ~ ,\\!I '/fftP ,rlilllW;"/.~~I(II'/~--= Exh;b;t C \1;i'.~;:r':/..(f{fJl II il !1Y/-9\; ~fj~~ / '11u '~rw-_.-:' AREA TOPOGRAPHY i~ ~Hllji \\~I ~Il 'ir~~~f ~ l?IO ~;J~ ,~I,\t' ff ,111.1 I! ! !)i ..j. ?JJ I) 'A )t ~ r;.o... \ \ \ r I (/,!!l'lliv/ /) .;0,,1; (~'* ", U XI', ) )A\ Iii!!'! /kY////}~/ II y/, r'fr-~i'(JYJ\'~ '0. ,.:-~'i / CITY OF SHOREW(X)D REGUlAR PlANNING CCM1ISSION MEETING TUESDAY, APRIL 6, 1982 . . COUNCIL OiAMBERS 5755 COllNIRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The regular meeting of the Planning Coomission was called to order by Chairperson Stover at 7:41 P.M. ROll CALL Present: Janet Leslie, Richard Spellman, Kristi Stover, Bob Shaw, Planner Brad Nielsen, Assistant Kathy West. Absent: Bruce Benson, Vern Watten, Frank Reese. ANNOUNCEMENT Tingewood Public Hearing rescheduled for May 4, 1982 due to improper legal notice. APPROVAL OF MINUTES - MARCH 16, 1982 Corrections: Reports - Council Liaison, Bob Gagne Item 2, letter (d) should read: a minority report could be given on two or more dissenting votes. Leslie moved, Spellman seconded approval of Planning Coomission Minutes dated March 16, 1 982 as corrected. Motion carried unanimously. E>>1ER'S PROPERTY DIVISION #5 brought up by Chairperson Stover before 8:00 P.M. en rearrangement - it Public Hearing) Mr. James Emner, 5570 Covington RoacJ. came before the Planning Coomissicn to present his request to divide Let 3, Block 1, Noel Wood Addition into two parcels, A to the north and B to the south. The lot covers 78,<xx> square feet and the division would cause one of the two proposed parcels (B) to be approximately 2,<XX> square feet short of the R-1 zoning standards for the area thus requiring a varience. Emner stated a need to sell one lot. He owns and has his residence on Lot 4 to the south of the property in question but did not see a possible rearrangement of lot lines to meet zoning requirements for parcel B - Lot 3 as desirable. Proposed par- ce! B contains a tennis court and v."'Ould be retained by Emner. Enmer had not had the opportunity to react to Planner Nielsen's report to the Plan- ning Coomission regarding the proposal. He felt that the divided Lot .3 could be de- veloped but it would be up to the future royer to deal specifically with the issues of access and sewer service. Planner Nielsen said developing the property probably would not cause area traffic problems but the access on to the property was of primary concern in tenns of both safety and engineering. Planning Coomission member Spellman addressed the topography and suggested the ~teep drop in elevation of Lot 3 from Covington Road requires careful stuiy to detenm.ne a safe access. Nielsen mentioned that a single access to both parcels might be consid- ered. He felt the City Engineer should address the issue and the City Council could Att~t Z. . PLANNING CCM1ISSION MIas - 2 - . APRIL 6, 1982 El+1ER'S PROPER1Y DIVISION CONTINUED approve the proposal conditional to the Engineer's approval, speeding up the process for Enmer. It was noted that future sewer service might require an easement on the north side of Lot 4. Leslie moved that the Planning Cannission recoomend the proposed lot split be sent to the City Council for approval subject to an Engineering report satisfying the ques- tion of a safe and feasible access. Spellman seconded the motion. . The motion carried unani.mously. The Planning Commission recessed from 7:57 P.M. to 8:01 P.M. PUBLIC HEARING - REZONING APPLICATION - VINE HILL FLORAL PROPER1Y Planner Nielsen presented the background on the Floral property at 19465 State High- way 7. The property in question was split-zoned C-3 to the north, R-1 to the south. The prospective buyer, Mr. Roger Anderson, would like to see the entire property zoned C<mnercial. Nielsen noted that the zoning discrepancy is a result of a City "house-keeping" error, not uncarmon in older zoning maps, and it should be resolved. Planning Commission members discussed the zoning to the west and south which is Resi- dential (R-1), and to the east which is Coornercial (C-3). It was mentioned that the adjacent Burger King property might have the same zoning problem. Listeners from the audience had questions regarding Comnercial zoning - its require- ments and restrictions, and the permitted uses. Chairperson Stover read the section of Ordinance #77 pertaining to the C-3 district. She also pointed out that the prop- erty in question has been used as C-3 over the years and was Grandfathered into the current zoning regulations. The present building on the site meets the size restric- tions outlined in the ordinance. Mr. Mortensen, neighboring property owner had questions relating to property lines on the map. The Planning Coomission and the Planner suggested he contact the County sur- veyors for a clarification. The public portion of the meeting was closed. The Coomission members agreed that the City's zoning error should be cleared. Spellman moved, Leslie seconded, to reccmnend to the Council that the south portion of the tract of land known as the Vine Hill Floral property be rezoned C-3. The motion carried unani.mously. The Public Hearing was closed at 8: 12 P.M. SITE PIAN REVIEW - IMDeC Mr. Irwin Mandel of IMDeC presented his proposal to develop an 18 unit multi-family apartment complex at the southwest corner of Glen Road and County Road 19. He stated that the proposed project fits the R-4 zoning district requirements for height, width, depth, lot coverage, size and parking requirements. If the west side of the property is considered to be the rear, the building could be moved two feet east to match the rear setback requirement. The building as planned would be graded away from adjacent property and any collection of water would be diverted into a culvert at County Road 19. Mandel stated the ratio of building-to-Iot would be small and that the accunula- tion of water would not be too great. The access would hopefully be a direct one to . . Regular Council Meeting - 2 - April 12, 1982 COUNCIL REPORT Haugen reported on a meeting of the Deephaven Council where various plans to close off or cul-de-sac Vine Street were presented. Council requested to review the various roposals submitted. EMMER DIVISION - PUBLIC HEARING 8:00 P.M. RESOLUTION NO. 42-82 request was ma e rom owner, mes Emmer - 5570 Covington Road, to divide his property, described as Lot 3, Block 1, Noel Wood Addition, into 2 parcels with a square footage variance of 2000 square feet on one of the lots. Shaw moved to approve the division subject to.the.owner submitting access plans to be reviewed and approved by the city engineer. Gagne seconded. A roll call vote of 5 ayes. Motion carried unanimously. ADMINISTRATIVE REPORT February Financial Statements Submitted for reviewal with a memo of corrections that were found to be corrected on the March statement. Spring Clean-up Funds were not budgeted to pay for this expense. A request was made to transfer funds from the reforestation fund to pay for the clean-up expenditures. Salary Reviewal To be taken up at a Special Meeting - Tuesday, April 13, 1982 6:00 P.M. - City Hall. MAYOR REPORTS Minnetonka has plans to extend the trail system along Vine Hill Road by adding 8' to the width and moving the center line further into the Shorewood side. On site meeting will be held April 14, 1982 at Strat- ford and Vine Hill Road. Councilman Shaw will attend this meeting to obtain more information. P.U.D. - RE UEST FOR IXI LABORATORY PUBLIC HEARING 8:30 P.M. Pu lic Hearing was opened in front 0 City Council - John Worroll, representing Ron R. Johnson, made a presentation of the proposed "Research Estate". He presented the proposed use of building, type of building, environment impact, traffic volume, and effect on the neighborhood. Attorney John Lee sited reasons for applying the P.U.D. rather than Conditional Use, stating that the city would then have more control over the use of this property. Council opened a public response period at 9:10 P.M. Concerns and questions were expressed by area residents; Pat Ma1msten of 5350 Shady Hills Circle, and Carroll Thurston of 19580 Shady Hills Road. Public comments closed at 9:16 P.M. Council clarified further questions on volume of work done at this site and qualification of the P.U.D. Ordinance. - -- at 9:26 P.M. Written comments will be accep ~~~e~f April 26, 1982. The Council will vot, ~~~~~1r :) . , . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: SUE NICCUM DATE: NOVEMBER 11, 1983 RE: JAMES EMMER - 5570 COVINGTON ROAD - REQUEST FOR SUBDIVISION AND VARIANCE Mr. Emmer presented a request for a simple subdivision and a lot area variance that had been approved in 1982, because it was not filed with the county within 30 days it was considered void, so Mr. Emmer resubmitted his request. Benson moved, seconded by Shaw, to recommend approval of the subdivision and variance. Motion carried unanimously. 3b A Residential Community on Lake Minnetonka's South Shore . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Cpuncil of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, November 14, 1983 at 8:00 P.M., or as soon thereafter as possible. The purpose of the Hearing is to consider a request by Champion Auto Stores for a sign variance on property located at 23714 State Highway #7 (Shorewood Village Center) property described as: UIT172 AUD SUB NO 135 AND THAT PA~T OF lOTS 170 AND 171 AUD SUB NO 135 lTING S OF THE lolLY EXT OF THE N LINE OF SAID LOT 172 AND THAT PA~T OF LOT 173 Al.'O SUB NO 135 LYIU13 N OF STATE HWY NO 7 ANO LYING W OF THE E 50 FT 1IlOF IHCLIJDWG THAT PA~T OF -THE E 1/2 OF THE VAC WOOO~UFF AVE lYING S OF A LV<< PUN FROM THE SW COR OF SAIO LOT 171 TO THE MOST SLY POINT OF LOT 11 UNDEN PA~K HENNEPIN CO MINN P.I.D. #34-117-23-33-0027 Oral and written comments will be considered at that time. * Please note that the Planning Commission will review the application at their November 1, 1983 meeting to be held at the above address. All interested individuals ar~ encouraged to attend. CITY OF SHOREWOOD .Sandra Kennelly, City Clerk To be published - October 19, 1983 4 . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADM I N ISTRA TOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 28 SEPTEMBER 1983 RE: CHAMPION AUTO - SIGN VARIANCE FILE NO.: 405 (83.38) BACKGROUND Mr. Kenneth Griffiths, owner of the new Champion Auto Store located in the Shorewood Village Center, has requested a variance to the size limitations imposed upon ~igns by the Shorewood Zoning Ordinance. Section 12, Subd. 3 E. 2. allows each business to have "three (3) business signs. Two (2) of such business signs shall be limited to ten (10) square feet in area. One business sign may be of any type to a maximum of one hundred and fifty (150) square feet in area." The applicant has received Council approval of a 4' x 8' wall board type of sign ( see Exhibit A, attached). He now requests approval of a wall sign consisting of individual letters spelling "Champion Auto Stores". Although it is only one sign it exceeds the Ordinance requirement of 10 square feet and therefore requires a variance. ANALYSIS/RECOMMENDATION The proposed sign measures 14.5 feet by 15 inches with approximately 18 square feet of area. In total this is less than the 20 square feet which would be allowed by two smaller signs. Furthermore, the 4' x 8' (32 sq. ft.) wall board sign is considerably less than the 150 square feet allowed by the Ordinance. The Ordinance would allow three signs totalling 170 square feet in area. The applicant proposes two signs totalling 50 square feet. A Residential Community on Lake Minnetonka's South Shore </0..- t . . . PLANNER'S RECOMMENDATION CHAMPION AUTO STORES 28 SEPTEMBER 1983 page two The existing sign regulations have been recognized as being far too permissive, particularly with respect to allowing each business to have a sign 150 square feet in area. Considering the applicant's total signage is less than one third of what the Ordinance would allow, the request is considered more than reasonable. It is therefore recommended that the variance be granted with the understanding that no additional signage will be allowed. cc: Doug Uhrhammer Gary Larson Jim Norton Kenneth Griffiths Sue Niccum \, - f-- . + . t;, 1 ~ ..~..5 M . - ]1 -------- @R) fUU1 ~ g ~~ --- ell - ~ .) -~ , -w p ,- ~ ~ ~ ~~\ c- ~) -e .- , ~=~ ~ I p .- a ~! (CL, f? , ~ dl ~~( ~~. ~2)~ ~ ~) ~ , I 0 (EiL, ... ~ , ~ ~~ ..3 ~t Sill ~ ~"" ~l i ~. i~ u '.~ ~t Exhibit A CHAKPION AUTO STORES Sign Variance (Shorewood Village Center) . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: SUE NICCUM DATE: NOVEMBER 11, 1983 RE: CHAMPION AUTO - 23714 STATE HIGHWAY 7 - REQUEST FOR SIGN VARIANCE Mr. Kenneth Griffiths was present to request a sign variance. He explained that the submitted design was one of their standard designs. The Planning Commission did not feel that it was neccessary to have that much signage. Leslie moved, seconded by Reese, to deny the request for a sign variance. Motion carried unanimously. Mr. Griffiths had mentioned that he felt that the sign that he was proposing was very similar to the one used by the Shorewood Liquor Store. A Residential Community on Lake Minnetonka's South Shore 4b CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw K risti Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: MAYOR AND CITY COUNCIL FROM: SUE NICCUM DATE: NOVEMBER 14, 1983 RE: WHEELER AND ASSOCIATES - 28115 BOULDER BRIDGE DRIVE - REQUEST FOR SETBACK VARIANCE MOTION CORRECTION Reese moved, seconded by Benson, to allow a 30 foot rear yard setback. - A Residential Community on Lake Minnetonka's South Shore . . LEGAL PUBLIC CITY OF NOTICE HEARING SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the City Hall, 5755 Country Club Road, Shore- wood, Minnesota on Monday, November 14, 1983 at 8:15 P.M., or as soon thereafter as possible. The purpose of the hearing is to consider a request by Wheeler & Associates for a rear yard setback variance on property located at 28115 Boulder Bridge Drive, property described as: Lot 1, Block 3, Boulder Bridge Farm P.I.D. #31-117-23-42-0013 Oral and written comments will be considered at that time. City of Shorewood Sandra L. Kennelly, City Clerk * Please note that the Planning Commission will review the application at their November 1, 1983 meeting to be held at the above address. All interested individuals are encouraged to attend. To be published October 19, 1983 5 MEMORANDUM TO: FROM: DATE: RE: FILE NO.: BACKGROUND . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 26 OCTOBER 1983 WHEELER AND ASSOCIATES - SETBACK VARIANCE 405 (83.40) Mr. Bud Wheeler, on behalf of John Roedel - 28115 Boulder Bridge Drive, has requested approval of a 20 foot rear yard setback variance to locate an accessory pool house on his property (see Attachments 1 and 2). As you may recall, the City reviewed a variance request for this property in September. At that time the owner requested a variance to build a screen porch at the rear of the house. Attachment 3 is the staff report which was written for that request and is submitted herewith as background material. When the Planning Commission recommended denial of the variance, the applicant asked if the Commission would approve a freestanding accessory ~tructure located the same distance from the rear of the lot as the house - 30 feet. The Planning Commission decided that the change 'in plans should be handled as a separate variance request. RECOMMENDATION My recommendation is taken from the last sentence of the first paragraph on page 2 of the 1 September staff report. "Considering the circumstances the City may wish to recognize and maintain the existing 30 foot rear yard setback." BN:sn cc: Doug Uhrhammer Jim Norton Gary Larson Sue Niccum Bud Wheeler A Residential Community on Lake Minnetonka's South Shore SCL/ .. ~cW\'h ... . ,.., y'.J1 <I' ~-o 3 .,D.J.s:. +~~ ~ ~ ::: c" 1- .SJ .- .. d.... I o~ ,.p ! tt)$~ 1 . \ \ I . M~~Me.f\t \ . " "" ,I' " . . ,,3~ "I' ~~ " f, .:V '" 0\ #t~ 4 'IL-- ,~, , ,,<>//;:..::- ~ \'./ , . +)" -"', /.r-',,4,; '. ," "" x, ". /()~. ... ~/ __' I 1f:<' ~," ,'. ' , /,:-'-.. "- I /.'~,,,,+ " i .,'}.). 0 J..y -6~~~' J" ~'>'/~,' "". . ~t?.;. ' I .. . ~. . .' / .,' ) = " ~\ :.t' -r I " '-, ~. . .~- .... " , //"' t. ',j"' .p ... . ~ _. ~ ," ..~, ," __ .-t ',_ '.r-'~,,~'. .-- V.,."", .~. . ~..~ .... -,_".~~~~AiP~";;' -r- ... M.......... \.- fOr N - WI Lor" ~ ,,..:,, 'I"' I ~c.. ,....-.;: .,;' '3 '11.- .t ..--':,:~'- ,-._~~--_.:. '': :.:..~..::..-; .::::-:-::..- .. to c....~" ...... -yo; .3<~~' '~C'":!\-:. , . I . I _.l.- ' , . I f ,...... . ,. . '" ,. . E LE.Vr->-TIOt--.) 'I." '1,.o.."1td6krN,f\ t 2. ..\.#: MEMORANDUM .\ . MAYOR Roben Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 1 SEPTEMBER 1983 RE: ROEDEL, JOHN - VARIANCE TO EXPAND A NONCONFORMING STRUCTURE AND SETBACK VARIANCE FILE NO.: 405 (83.33) BACKGROUND Mr. Tom Wartman has requested a building permit to build a swimming pool and screen porch at 28115 Boulder Bridge Drive (see Site Location map, Exhibit A, attached). Upon review of the site plan it was discovered that the building was not located properly on the lot at the time the original permit was issued - January 1983. Instead of being 50 feet from the rear of the lot, it is only 30 feet (see Exhibit B, attached). Unfortunately, this means that a house that isn't even finished is a nonconforming struc- ture, the expansion of which is prohibited under current zoning. Mr. Wartman has also requested a variance for the swimming pool to be 30 feet from the rear of the lot rather than 50 feet. ANALYSIS/RECOMMENDATION Variance - Expansion of a Nonconforming Structure. Our initial reaction to the problem was that the developer shouldn't have to suffer because of a mistake made on the City's part. The City Attorney has advised however that the plan review done by the City is not a guarantee that the structure conforms to City standards, and that the developer is ob- ligated to know the requirements. The City's oversight is somewhat minimized by the fact that even if the building had been 50 feet from the rear, the screen porch addition would still require a 15 foot variance. Aitd(,~c,r\ t 3 A Residential Community on Lake Minnetonka's South Shore . . Planning Commission, Mayor and City Council 1 September 1983 Page Two Given the size of the lot and the size of the house, it would be difficult to demonstrate that denial of the variance for a screen porch would result in physical hardship. Furthermore, since the house has not yet been com- pleted, a screen porch could be added elsewhere by redesign. Considering the circumstances the City may wish to recognize and maintain the existing 30 foot rear yard setback. Variance - Swimming Pool Setback. The only reason this variance is necessary is that the ordinance reducing the rear yard setback for swimming pools has not had a public hearing as of this date. The applicant would like to begin construction before that ordi- nance is published. Assuming that the ordinance amendment will be officially adopted in the near future, it is recommended that the 20 foot variance for the swimming pool be granted at this time. BJN/kw cc: Doug Uhrhammer Jim Norton Gary Larson Tom Wartman Bud Wheeler Kathy West f lJ '2'~ ~e . ~ l,o.;, ,_' . ,..... ..-- '.. , . ...~~- " .~ ;,.,A I ' I~.: , ":1 , I I ~ I ,) \ \ \ L .,\:, \ '-r , --- "'- ~ l\j IS ~ ~ ~ , 4 ~ r. '..... !. ') '~ c':" .J ~- ~, 'n ~ ~ 1 r, f'. ~ ?_ t <<": , ~ ., ~ I ~.3(J nos .r ;... - . - . ;''';' , j' -" '.1' I. ,/ .,.,/ ~-.~ ~,;".-- -,,/ .~ . ..\~ 4 , ., r J '-..1 "'" ;;;- ..,~ " ~ ~ ~ Q' Z -"' ~ ~ ~ ~ ~' () '" 0 " ~' 6' o,.,~ f:.) ('l-'" ..0 "- ~ , . cr. ----. I "- -. ~ ....\. ~ i :" -;.~ .. ,; . " ~.'~~';:.\' . a4 ~ ,. ~- . ',"",r' "', " ", ',/' )'~~~~:j'~ ,,; - . "~ ::,. I --J) ,'f,' ,'~r;-1.. ~ <rO' :,:~~.> :' >~( {t'l:j,~?~ ,.',~~~ ~".I N,~,., ;'.; ~.'~' ,,'.' T \ .~ ct~ >. - < .~'.' .,.' " , . '~ '. .' ('. ,j,! r--, <I~ ...... .. .,"., \ ---.,. ~ I . ",' -~ '- Exhibit A SITE LOCATION Roedel - variance to expand a nonconforming structure and setback variance .... 3, 1V /.../~ .1 I i [~,- ~ . , \ \ ,~ Q:) ~ V') ~ ~ ~ .~ '- -- I::! J.~ :.. -:z .", "; >L ~~ " ., 'rJ " .. :.- a ~"'\ ~ r t\) I:. u .- IT .... In''' r- :, ....., ,'- \ ':0. .... f ':' . -:- I~I-~ I- . ~ ',t ; I ~~':i-~~~~ ~ ~~ "',, .;'1 ., ..: h :D., ,... ',' ' ~~, f' " 7 ~" ;~~:4~/ . ".. , ,""....,., f ' ~: _' (\. ,>-. , ~ ~:a<$- ,,11 ~ .,'t'~.... . ~'i "!:: .. ~ ~ r ",'1 ~ ~ .... '-=- ~ 1ft '-J 1- J'l /~'\ . . ...- ;2J~ (, .. a ,. I I" .. of'.., ~ ;; :.... """, ';'.' ;: :: \,. If'-" = '-,' M ~J.n :,. :J.. ~. " :' "'V \,1'\ ~. ~ ~ n '" \(' '" .,;;) '" '~' .. -.. . --.:..... o 8 i\ \ .... " . . ! \Q. ,.t ... ,\ '1~ .' . ,0 · rP fl." ., ,~ l11J ,~ . (~ ,- \ , " , '("~ " ,. !J '\..... _..- '.- .. "'" ~ dO .>> " '1 \-60' ... ~ Jl '. . ~.... ~ ~~ . ~ '(\ ~~ ...9 \~ oJ c- ~ .J ....<6 ~ '/ ~ ... .. ~ ! Jfo,,- tJO.....- ..... /7..5.. yA "(:)8~ - /V' ~~ 1--'" . ~oti1\ 1100' (000 I hereby Cfrtlfy that this is a true and corteet reprt>sentat,on of a su' YI.'V 01 t"e boun.Jar.fS 01 the above described land and of thl' location 01 all buildIngs. DEMARS. GABRIEL ,I anv. t"ereon. and all Vlllblt> encro~Ch'lnll. .f anv. from or Oil S"d land ~:;~RVEY=~~~~URVEY A U~:Y~Hr 1~~ (With required setbacks) . Reg ~'..J !3o~~ F '.. No. ~4&;f Boo~ - P.ge PRE /tf)4 -5 Sc.le , / f:4() . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: SUE NICCUM DATE: NOVEMBER 11, 1983 RE: WHEELER AND ASSOCIATES - 28115 BOULDER BRIDGE DRIVE - REQUEST FOR SETBACK VARIANCE Approval was requested for a 20 foot rear yard setback variance to place a accessory pool house on above property. Reese moved, seconded by Benson, to allow the 20 foot rear yard setback. Motion carried unanimously. A Residential Community on Lake Minnetonka's South Shore 5b . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, November 14, 1983 at 8:30 P.M. or as soon thereafter as possible. The purpose of the Hearing is to con- sider a request by Howard Shenehan and Mary Goodlund for a lot division and lot area variance on property located at 5285 Shady Island Road, property described as: Lots 18, 19, and 20 and the southwesterly 50 feet of Lot 17, Shady Island P.I.D. #30~117-23-42-0005 Oral and written comments will be considered at that time. * Please note that the Planning Commission will review the application at their November 1, 1983 meeting to be held at the above address. All interested individuals are encouraged to attend. CITY OF SHOREWOOD Sandra Kennelly, City Clerk To be published - Ottober 19, 1983 ~ -- r MEMORANDUM TO: FROM: DATE: RE: FILE NO.: BACKGROUND . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 27 OCTOBER 1983 SHENEHON/GOODLUND - LOT DIVISION AND AREA VARIANCE 405 (83.39) Mr. Howard Shenehon and Ms. Mary Goodlund have requested approval of a subdivision to divide their property located at 5285 Shady Island Road (see Exhibit A, attached) into three lots. According to the applicants the property contains 56,381 square feet of area and is currently occupied by a small seasonal cabin. The site is zoned R-1, Single Family Residential, as is the rest of Shady Island. The proposal would resutt in three lots with an average area of 18,783 square feet. Since the R-1 District requires 40,000 square feet a lot area variance has been requested. Lot width variances are also requested. ANALYSIS/RECOMMENDATION The applicants have cited high taxes as the reason for wishing to divide their property. Based on statutory requirements and Shorewood's Zoning Ordinance, economic circumstances alone do not justify variances. However, a loot size analysis of Shady Island suggests that the existing zoning is inappropriate. Lot sizes on the island range from 14,000 to 70,000 square feet. The average lot size is approximately 27,972 square feet. Since unusually large or small lot sizes can skew an average we have also calculated the mean lot size. Three lots are 25,000 square feet in area, with 14 lots larger and 14 lots smaller. This is obviously much closer to R-2 zoning than to the existing R-1. The Comprehensive Plan recognized this and designated land use for the islands as one to two units per acre. A Residential Community on Lake Minnetonka's South Shore Go- .. . ~NDUM FROM PLANNER SHENEHON/GOODLUND 27 OCTOBER 1983 page two The applicant's proposal would result in lot sizes 9189 square feet (33%) less than the average lot size and 6217 square feet (25%) of the mean lot size. This discrepancy would increase if additional right-of-way were required to widen Maple Lane which is currently only 15 feet wide. Although the applicants have stated that each of their three lots have 105 feet of lakeshore, the lots taper toward the street. At the building line two of the lots are 80 feet wide and one is 70 feet wide. This is at least 40 feet less than existing zoning would allow and 20 feet less than R-2 zoning would allow. All this suggests that even though existing zoning is inappropriate, the proposed three lot division would not be consistent even with R-2 zoning. Consequently, the City should consider allowing the property to be split in two instead of three lots. The resulting lots would be 28,190 square feet in size and 125 feet in width at the building line. This additional width would make up for the area taken by front and rear setbacks - 50 feet and 75* feet, respectively. *Note: This is the watershed district requirement. The City requires 50 feet. While a variance would still be required, with the way the island should be zoned. would be required. it would be far more consistent In fact if zoned R-2, no variance Based on the preceding it is suggested that the applicant have a survey prepared showing two lots conforming to R-2 standards. BN:sn cc: Doug Uhrhammer Jim Norton Gary Larson Sue Niccum Howard Shenehon Mary Goodlund .... ,.,.,. ., , " ;' " " ;' ". t ".i I' o o o ~ w a: o x en ~ ~ ~ u I , !~ I;, { :L ---~--~ C:~ Ot A E-"'Chi bl 0 TION SITE LOCA 'lund /Gooa. Shenehon oance and area varl . . -.~ .--.-- .~..... ..~.~ ~~~ t division - Proposed 10 ",~ca. -' f' . .,. . r ....,\ ~ r::.< / .. , ~... ~. ~.. / / ",. / ", / ~ " ...~ ~ :-..... "', ... 05' '" ."/~>0'~, I .- / ," '/''/ s: / / / /", q~ "'s,-~, ! / -LilT / S1r :erJ / / ,,1' ,,' ,. ./ \ / . " '.;. i /' ~ 1 r I TOTAL SQ.FT. SC,38/ :: ~ 18783;- rJJ/ LOT I E/~CH LOT V/ITH IOS.It. .front +~e.t ow TIif LAKe. -.- - /' ;' / / / / / / ,/ -- ;' ! , / ,- .. .. / I /' ./ ....-- -- - - \. ..- :_\/ \ \ .. \ AVERAG,'e " \ \ \ , \1~'~ (,,,."'> \." .... Ho~ , ,ft. eo I Exhibit B PROPOSED DIVISION ") ~ I rc p c ~ e (.j , !) I I ' IVI5IC!l \/' i' MEMORANDUM TO: MAYOR AND CITY COUNCIL City of Shorewood FROM: RICHARD SPELLMAN, P.E. Member Planning Cemmission RE: SHENEHON/GOODLUND - LOT DIVISION AND AREA VARIANCE DATE: November 13, 1983 ,'" ~ \" ~r6~~;~ i~~a~~al;~a~~~5r;~~~;tI;~~n~ iii~~~~%~~t~~{h:he Planning Commission was remis in not discussing in any manner, the recommendations in the Planners Repmrt and not considering the requirements of year round access t~ this property. From an examination of Exhibit "A" of the planners report, it can be seen that the dedicated street widths en Shady Island are; all of Shady Island Circle is 66 ft wide, all of Shady Island Trail is 66 ft. wide, 30% of Shady Island Point is 66 ft wide, Shady Island Road varies from 50 ft to 66 ft to 15 ft wide. The 15 ft wide portion will be required for year round access to all of the lots of this proposed lot split. ~i~~=:~~~:;:.::::t;.;:'~~ ~~~~ M~ n- J Jl~(>~_1I'7~_'~~i,.~~,ip..by the necessary dedication and a further dedication berecful.red te previde a cuI de sac turn around. This would permit access to this property on a year round basis. At the present time access to these proposed lots by an ambulance, fire truck or other emergency vehicles in the winter is impossible. , I believe that the planners recommendation for a 2 lot split_ is reasonable, if adequate access to the property is provided I for . WfIf;, ;:"'';:~ 'f;. The applicants request does not comply with the requirements of Section 6, Subdivision 2 of the Shorewood Zoning Ordinance and the Minnesota statutes rela.ive to variances. Everyone on Shady Island pays high taxes, and we also pay taxes and assesments on Shady Island Association property in order to maintain open space and the quality of life on the Island. . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: SUE NICCUM DATE: NOVEMBER 11, 1983 RE: HOWARD SHENEHON/MARY GOODLUND - 5285 SHADY ISLAND ROAD - REQUEST FOR SUBDIVISION AND VARIANCE Mr. Goodlund and Mr. Shenehon were present. Mr. Goodlund mentioned that he was interested in building on the lot next to the point, and that they planned to keep the point as a natural area. The main questions the Planning Commission had on this seemed to be on the road that would serve these three lots. It has a width of 15 feet. Mr. Shenehon mentioned that numerous other cities have narrow lanes serving homes in their cities. The Planning Commission questioned the r.o'.w. Commissioner Spellman mentioned a snow plowing problem. Planner Nielsen mentioned a 50 foot r.o.w. It was suggested that the Engineer look at the r.o.w. and give an opinion. Watten moved, seconded by Leslie, to allow the request for a subdivision into three lots and approval of the variance. Motion carried by Roll Call Vote - Leslie, Shaw, Boyd and Watten - aye; Reese, Spellman and Benson - nay A Residential Community on Lake Minnetonka's South Shore Gb . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 1 NOVEMBER 1983 RE: LAKE VIRGINIA LIFT STATION - CONDITIONAL USE PERMIT FILENO.: 405 (83.41) Mr. Fred Stenborg, representing the Metro Waste Control Commission, has requested approval of a building permit to install an odor control unit at the Lake Virginia Lift Station located at the south end of Lake Vir- ginia Drive (see Site Location map, Exhibit A, attached). The project is intended to alleviate an odor problem at the existing lift station and gravity sewer interceptor. The property in question is currently zoned R-l, Single Family Residence District. Section 7 of the existing Zoning Ordinance requires all public structures in any district to be processed by conditional use permit. This is viewed as somewhat of a formality in view of the nature of the proposed improve- ment, particularly since the principal structure already exists on the site. The new structure is basically only a covering for the equipment inside. The proposed project is consistent with the two general requirements for a conditional use permit: "1. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and" In this case the project serves as an improvement which will benefit the surrounding area. "2. That the proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulation." A Residential Community on Lake Minnetonka's South Shore ]()/ . . PLANNER'S REPORT LAKE VIRGINIA LIFT STATION CONDITIONAL USE PERMIT page two The proposed equipment is located away from any existing or future homes and will not interfere with surrounding development in any way. The City has the authority to impose any conditions necessary to ensure compatibility of a conditional use with its surrounding area. Given the nature of the project and its location, it is recommended that the project be approved as presented, subject only to existing setback requirements and issuance of a building. BN:sn cc: Doug Uhrhammer Jim Norton Gary Larson Sue Niccum Fred Stenborg . ... .,1) . , ~ :J. '1" . o o '" , 101.04 H.w,>' .... SS".,,!! .... ~ lIJO O. ~ ~(Vl ." I . ~ .. ~ <i N "I ..; .n 1/ I:lt /0 ~') ,J ~ 0 v " ~ N /" .- '" 0 4030 Q " (I) ... . ~ " .1<> ~ . " '. , ..ft.. .,. .~. \ : ~ 7 '- ~ - . .' . . ~ I got .' ..", 114 t .. N.... -1 o"{-a.:Jo) ... l"') , o. . ~ ~~ l "cZ-' ......' .. ~ ..... .... .., ~ Q .......,. .. "" ..'4 ~!:' III '" .. Q : ~ '1 "t !"\ '" .. ... ~ " "' .... ... JiSc. ZI ,.'. .......-- s........... \ Exhibit A SITE LOCATION Proposed r~cc Odor Control Project _ Lake Virginia Lift Station (wME:RICAL l.l>.) ~/21/7c,. G/Al.S. ._ AlVEIr.' R~ 'FREE.IA.oj COu nfy' Survey.t7r''''' . Hennepin County, .M/nnesofa . . - If) o ... I\) '" "'~ ~ ~ d):o;: !) ---- - ::l 0 "- .- .--1 ~ <{ ... "y---- /~ 1 ;: 6" ~ '.../)l- i I ~ ~ € ~- , , i 0 I\) _ 'It---- , : 'I 0,~ ~;' --- .)i I is-o ~ /r'---~~i ~\\~ i::J ~ I ~ '._ )< \ '7 '--~,,/!i :Y I "'_ - ,,~ ,I I _ ,: . S 1 " . ~ ~- II '\ i i .1: , '" 'I \:" I ; a,; _0 <. .\ . "': ;" . . \ \\ I . . ,. \,\\\ III ,: I I ! U~I I ~.t I I / ~IW' / I; ~ ct I ~ I \~ ILl I "- ell,!, "- ~i ~. ~ l ----- ---- \ f:>- -----\~ ---- ~ G -''-J\\"'\ --------- . - \I :3 (-\ I ,./ I Exhibit B SITE PLAN z o - ~ u o --1 ill ~ -- (j) " ..&. .1 . . I " ..I 0& 'ri ~! "- < ~; ... ~ l- I .;..; ~ ~ \;. ..67Z r,-~ ,I . ... .... /~ ~ ~i ((l" , \~ ' j" ~~L ~.~ / '-': ~/ - #I = -~ -.::J I i (---\ \ ... ....... .'---^' ,/ c' \::/ " iil \ .,.-.- - , I i,L! r / I / : \ I I I ~ .. ~-I ~ I I 1 \Z -, P-.~ I~....,........ I \3.'.. ...:. ~'\I ~ '..( " d) ~ t?) '... ..., '0 " J ~ fl I j Exhioit C ELEVA'rION Proposed odor control untt "' co <t " La::~<C "~ 0=1 0u~u... ':2 ~ h: ~: \.u -J I.tJ Cij LU CfJ GI.. 'J \]I C "t .~', \ , . ~ CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 1 NOVEMBER 1983 RE: LAKE VIRGINIA LIFT STATION - CONDITIONAL USE PERMIT FILE NO.: 405 (83.41) Mr. Fred Stenborg, representing the Metro Waste Control Commission, has requested approval of a building permit to install an odor control unit at the Lake Virginia Lift Station located at the south end of Lake Vir- ginia Drive (see Site Location map, Exhibit A, attached). The project is intended to alleviate an odor problem at the existing lift station and gravity sewer interceptor. The property in question is currently zoned R-1, Single Family Residence District. Section 7 of the existing Zoning Ordinance requires all public structures in any district to be processed by conditional use permit. This is viewed as somewhat of a formality in view of the nature of the proposed improve- ment, particularly since the principal structure already exists on the site. The new structure is basically only a covering for the equipment inside. The proposed project is consistent with the two general requirements for a conditional use permit: "1. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and" In this case the project serves as an improvement which will benefit the surrounding area. "2. That the proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulation." A Residential Community on Lake Minnetonka's South Shore 7;L J PLANNER'S REPORT LAKE VIRGINIA LIFT STATION CONDITIONAL USE PERMIT page two The proposed equipment is located away from any existing or future homes and will not interfere with surrounding development in any way. The City has the authority to impose any conditions necessary to ensure compatibility of a conditional use with its surrounding area. Given the nature of the project and its location, it is recommended that the project be approved as presented, subject only to existing setback requirements and issuance of a building. BN:sn cc: Doug Uhrhammer Jim Norton Gary Larson Sue Niccum Fred Stenborg . / (I) . .,J) . , ~ :J. '] ;- o o '" ;;0.; ; 101.01, 3\.U"::: ~ ~ <:i N '" " ~ J' C) ~ '" ..\0 l~ '" III ... l) ~ / . on u /-:'1 ,J I$ /0 ~ a v '. '-l) N ..i j" .- '1l .. 0 ~ 40 3D 0 \J (0 "or '" .Jo> ", .,' jY, " ,~. ."' ' ..... '. ~ 7 '- ~ ~ . . ~ 18tH " N... IS~ t .. ....... ~ ""(1-10) ... l"") . .. . - ~ ~ott\\ l "~Z-' \J .... '" .... J ik. ZJ ,.<" .~..... .- s........... \ Exhibit A SITE LOCATION Proposed ~~ICC Odor Control Project _ Lake Virginia Lift Station (wHERICAL 1./),) Cl'/21/7(;' GlAl.s. .. Al VEr.' R~ 'FREE.. ."'j COu nl'y' Survey,(7j->.I- . ,LI~/1nepin County, .Minnesota ----- ......- \ ~ ----- \ ~ ......- G --'-J\~ ......----- ' - " :3 -\ ',./ Exhibit B SITE PLAN ,-.. VI ~ n\'4 $\<- \1J ~ -J ">- l- t!. -'-) i I -- "" ~> iJ.../ ' ~ II '1-, ' "tv.' i ~ I .. ."\ \.:.,}. \ ~ " \, ~~ "t. V'_ ~. ;)) ,,~ I ': ... I : l . ; ',cJ I i 0, I * Ifl, : lu :; i I ~ 0'1 ! ~ ~ I ; u.;, / ~llw, / I; ~ O! I ~ I ~~ III I '" Ulf " ~ t ' \.~ t \.>.l z o - ~ U o .-1 w l- ~ If) J. ..~ .,.~ I ~ . J '- <i s' ~ < t r_~ " .... ... ..676 ... ~ ...I; Q _ ; ..j UJ )il. -, ~ ~, @'11 UI '. i - , J, () 4-J . ~; ~ .....w 1-' ....1 ~ ,~ ! :'(' ~/ ~ '"-. "i (~, "C/ 'C' I, \......,..-- ----. .-- ' :.:::. '."'-. !" /' ~ , ..... _ ...4.. i....-.J I . '-/ - '/ ~-~ ~ I I .._", /~,\ -'- : " l ~ _ if I ~' ----,) ; '---' ill '\ \ I W ;.- 1) - , \ i I -.---- , I i'.'.L.J I ' r / i / . I i I I qE>t ~ P-.~ ,/' 0, \~/ ~~ ~ d)_~ II - / / .... '.'0 II f -, g ... .... I J Exhioit c ELEVA'rION Proposed odor control untt "CD <{ " La:.....<C :<!.O::!t uu.....:l.L.. I I ! " ) '~ j::: , ~. ~ \u -J, '-lli CIL I ! liJ c{J' Ci 'J \j\ () ~ .~', \ .,....^ , . . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCil Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: SUE NICCUM DATE: NOVEMBER 11, 1983 RE: LAKE VIRGINIA LIFT STATION CONDITIONAL USE PERMIT The hearing began at 7:42 PM with Mr. Stenborg of Metropolitan Waste Control giving a presentation. He informed the Commission that they want to install an odor control system consisting of a blower with a carbon unit that will filter out chemicals that cause odors. It will be built between the building and the lake to conceal the unit and will be enclosed to protect it from vandalism and heat/cold. Commissioner Leslie asked about the building construction material. Mr. Stenborg replied it would be reinforced fiberglass, treated on the inside and painted on the outside to protect it from sunlight. Watten moved, seconded by Reese, to recommend to the Council to provide a Conditional Use Permit for installation of the utility. Motion carried unanimously. A Residential Community on Lake Minnetonka's South Shore tb .. . . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw K risti Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 31 OCTOBER 1983 RE: SHOREWOOD NURSERY EXPANSION - ZONING AMENDMENT, REZONING AND CONDITIONAL USE PERMIT FILE NO.: 405 (83.45) BACKGROUND Mr. Gary Minion, owner of the Shorewood Nursery located at 23505 Smithtown Road, has requested approval from the City to expand his business. He has acquired the single family residence immediately west of the nursery plus two outlots adjacent to Wood Duck Circle (see Site Location map, Exhibit A, attached). His intentions are to assemble the new parcels with his exist- ing property, using the house as a residence until he can convert it to an office for the nursery. The existing office and sales area would then be devoted exclusively to indoor sales and storage. The nursery itself is zoned R-C, Residential Commercial and contains approx- imately 77,200 square feet in area (1.77 acres). The existing house and outlots are Zoned R-5, Multiple Family and contain a total of 18,100 square feet. Combined, the property would have a total area of 95,300 square feet (2.19 acres). Surrounding land use and zoning are as follows: North - Smithtown Road, then parking for the Shorewood Yacht Club, zoned R-4, Townhouse East - Crepeau Dock Manufacturing, zoned R-5 (presumably to be rezoned C-4, Commericial Service in the future) South - Two-family dwellings, zoned R-4 and R-5 & West A Residential Community on Lake Minnetonka's South Shore '10..- . . . . PLANNER'S REPORT SHOREWOOD NURSERY EXPANSION page two As part of the request, the applicant would like to move the existing garage to the south of the house, build a display canopy at the front of the site and open a new driveway on Wood Duck Circle to service the display area at the rear of the site. The location of existing and proposed structures are illustrated on Exhibit B of this report. ISSUES AND ANALYSIS The applicant's request involves three separate but interrelated zoning actions by the City: (1) the Zoning Ordinance must be amended to include single family dwellings in the R-C District; (2) the existing house and outlots must be rezoned from R-5 to R-C; and (3) the applicant's original Conditional Use Permit (C.U.P.) must be modified to allow the expansion. It is necessary to determine the overall. acceptability of the proposal before making a decision on any of the individual actions. The following is an analysis of each element of the request. A. Text Amendment. Section 22A. (Ordinance No. 99) Subd. 2 states "All uses which are permitted uses, except single family dwellings, in residential districts R-l through R-3, shall be permitted in the Residential-Commercial District." Since the applicant's initial intention is to live in the existing house until such time as he can convert it to an office, he has asked the City to delete the phrase "except single-family dwellings," from the Ordinance. In researching the history of the R-C District, I could find no good explanation o~ why single family homes were not to be allowed in the R-C District. Since the R-C District is to be used as a transitional zone between land uses of different i~tensity, particularly between single family residential and commercial areas, a single family dwell- ing is not that much different than a two-family dwelling, which is a permitted use in the R-C District. B. Rezoning. The existing house is substandard even in terms of the min- imal requirements of the R-5 District. Specifically, existing lot width is 38 feet while 100 feet is require~and lot area is 9600 square feet where 10,000 square feet is required. Furthermore, the site does not really lend itself to investment as a single family residence due to the configuration of the property and its proximity to County Road 19. To a certain extent the applicant has taken a chance in acquiring the two out lots along Wood Duck Circle with no guarantee that the City would allow expansion of the nursery. When combined with the existing res- idence, however, the property is brought up to zoning standards and could potentially support as much as a two family dwelling. . . PLANNER'S REPORT SHOREWOOD NURSERY EXPANSION page three B. Rezoning continued From a design standpoint the rezoning is considered quite acceptable. Combining the parcels would establish a more cohensive land use pattern than that which currently exists. The rezoning would also create an incentive to improve the property. . Also the same logic may be used in changing the zoning line as was used in zoning the nursery R-C origin- ally. At that time it was felt that a nursery was acceptable next to a single family dwelling (the existing house). Why then would it not be acceptable for the nursery to be located across the street from a two-family dwelling? C. Conditional Use Permit. If the Zoning Ordinance amendment and the rezoning are determined to be appropriate, the applicant's Conditional Use Permit should address the following issues: 1. Landscaping. In changing the zoning district boundary, the City should be concerned with enhancing the land use transition by requiring a landscaped buffer between the nursery and the resi- dential use to the west. The applicant has submitted the land- scape plan shown on Exhibit C. In addition to this a plant materials list should be submitted stating the size, species and cost of proposed plant materials. From this a performance bond should be required in the amount of 150% of the improvement to ensure that the landscaping becomes established. The bond should extend for at least one growning season. 2. Two Principal Uses on One Site. Until the existing house is converted to an office the site will be occupied by two prin- cipal uses - the nursery operation and a single family dwelling. While it is not necessary to prohibit such a situation, it is advisable to control it. The primary concern being that if the property were to be divided at a later date, it would .not require variances to do so. The Conditional Use Permit establishes the necessary control to minimize this concern. Any expansion or alteration of the nursery operation requires the owner to come back to the City via the C.U.P. process. 3. Proposed Driveway. The applicant has proposed to construct a service driveway from the front of the nursery, through his outdoor display area and exiting on Wood Duck Circle. Normally we would have to be concerned with the potential of adding additional traffic to a residential street. In this case, however, primary use of the driveway would not be for access but for vehicles exiting the site with nursery stock too large to store and display at the front of the site. It is assumed that the driveway will be crushed rock similar to the existing parking area. If this is true the City should require that the owner construct a bituminous apron, at least from the street to the property line. . . PLANNING REPORT SHOREWOOD NURSERY EXPANSION page four 4. Garage Relocation/Outdoor Display Canopy. The applicant proposes to move the existing garage to the south of the house in order to make room for a new outdoor display canopy as shown on Exhibit B. The only comment in this regard is that both structures should comply with the R-C setback requirements (35 feet from the street right-of-way) . ~ f 5. Signage. The applicant's existing signage consists of a freestand- ing sign post with a business identification sign and a separate message board. While we do not have the exact measurements of the signage, it is believed to exceed the 20 square foot area allowed by the Zoning Ordinance. If this is true, i~ is quite possibly the only way in which the existing nursery does not conform to City standards. If determined to exceed the Ordinance, the signage should be brought into conformance as part of the current request. Based upon the preceding analysis the Shorewood Nursery expansion request is felt to be acceptable from a planning and design perspective. It is therefore suggested that the Planning Commission recommend approval of the amendment to allow single family dwellings in the R-C District, approval of the rezoning from R-5 to R-C, and approval of the C.U.P. subject to the following conditions: 1. A landscape olant list be submitted by the applicant and a performance bOnd or letter of credit be required for landscaping for at least one growing season after the initial landscaping. 2. The existing garage~Cl.Y..J:)e ill~y~.(L",!I}sl_ new ~.~"~~J:!~Y E.~nop-y_ may be ~QJL-:::..._~ structed in compliance with the re uir men f the R-C District and subject to 1ssuance 0 appropriate building permits. The house may be converted to an office for the nursery subject to appropiate building permits and retention of the residential character of the site. Any expansion of the house or other buildings are subject o the C.U.P. process. zoning standards, all BN : s n cc: Doug Uhrhammer Jim Norton Gary Larson Gary Minion Sue Niccum . c.'-w ," I I I I ".~" ~, .. ~ C;a' .:;~o(tn .~ ~\ ,~. Exhibit A SITE L Sh OCATION orewood N Exp . ursery anSlon - Proposed ~l ~.;';is(,.,8; . - a:- ...; :.( .f 5705", ~:: ~ ) ~ J .; ,..,.~ ~. . S7()1~1.; ~! . t:":"" llk) ,. b 5]~ .,.. :"S.7~C' f' . ~ ,-;" r.; '" 4P; ~. J' t.T\ . :-_ 11." ,. ...., ~,; ,C r-.' ~ . 5?ol..l:':," ,,~ y) ~. . . .. ",cO (..... ( . .', "5~"'.2.7 r' :;'!1)e~.: :c?l/6 \ ':' ~.It.~ '~,' .I, " . ,_' ;.; . - ~ . _.r'! "..:..~"", .c . .' 5-r-r'vJ "'" " ~~ !f' '... !,4' ,- I' .. .. "'\ '- C" ...... ~ ,\' .)..i 0\ ........ "- ~ o .;. ~ \)J . v"~ .~ 1. ,.- . \ /~.( l' . If\ ;.' , ......) . G\ ' \ " ; . r' ) \ '. ~ \ ) . . \0... ~~ vo.\ \ I I Exhibit C LANDSCAPE PLAN \ \ \ \ \ \ \ \ \ \ \ \ \ ~ ;<3\ ~ . , \ (.~~ - \- ! ) / IU ~ f~ . ~~ e ~~- ~ tf -----...-1---- r l' T"" OJ:: C If' f' j / I .i \ ". \ \ IS?-' i.t: ,\)oJ I ! i I ..... "t i ~' - (\ P 1P "P ,.... ~ J:. 7\ \ \ \ \ \ \ .\ \ \ \ 'ow ?9!J ~ , . . October 25, 1983 Mr. Robert Rascop, Mayor CI TY OF SHOREWOOD 5755 Country Club Rd. Shorewood, Mn. 55331 Dear Mayor Rascop, My family and I have taken great pride in the City of Shorewood since moving here ten years ago. I have been actively involved with previous Councils and served on the Park Commission for six years. Because of our level of caring we are becoming in- creasingly distressed with several areas within the city which are becoming run-down and abused because of neglect on the part of either the homeowner or the renter of the property. I speak specifically to the issue of vehicles such as old cars, boats and motorcycles parked in yards, not in driveways, and in violation of the set back and side lot ordinances now written. I urge you to consider the rezoning issue and that your Council consider it also. We feel cars should be parked in driveways, that boats be parked in back yards and lawns be free: of vehicles of any kind. It saddens u.s to see our street looking like a used car and boat lot. Your attention is appreciated. Sincerely, Jlv<^-. d, Winifred T. Kohls 5680 Echo Road Shorewood, Mn. 55331 P.S. We've discovered lots of friends and neighbors feel as we do. Please see the enclosed sheet. WTK Encl. ~ ~ . I' ,TO: ~ Mafor and CO.l of the Ci,ty of Shorewood.. . ;r~1 >>k_ a'lfO RJ.o f(J.~~~/}}, h- {jLft(A...I .57 f S' ~::K d J~ ~ 7#.... _~. 9- .I~7d~ $7"-.0 ~~ r~ ~J~~~-~.J ~ :; --I 6tU/"lUa. ~ S?7e> &~ /."e? g~ ;;t,f,J ~ ~~~ SiP90 ~ m ~/~ J '7Y/N ~ JJ. ~(J ;5('!7d Ec~ ~ S~~ ~({)bn It- F~ 57;<~ ~;qD 'Sf/~//J?1~ ~~ d,/t/-<u./ 51;?~d'1:./~~ ~-/w. --(~:1~ 5'1-S0 'id..ri,IJ. ~~. m_ ~V~ - '\ S~~(};:c.i4V J~/~f11~. W J& lo.....- 1: W ^ '2 ~ 3;0 j; C HO (:OIlD $JlOK~(J(x)D In /JJ #~oTfI ~ "~/'9~ h7'1J w_. /2.4 '" 1 .:: ~/ . . ~ - j f? tJ \7:-': :./_, j _ A S 7 a. d 0 CJIo-'O V\~. l ( ~~ CQ., ~ S ?J-O G;ck \'~. (< ~ . ..{.f!.4- ;& ,&,.0 .6::-dO kb.4 tA WE, the following, endorse the attached letter: ~J- )f~~ $79d b~ Rei \ \ ~ " . . MATTHIAS. ROEBKE & MAISER CERTIFIED PUBLIC ACCOUNTANTS 540 EAST FIRST P. O. BOX 65 WACONIA. MINNESOTA 553B7 ALAN W MATTHIAS JOHN M. ROEBKE JAMES J MAISER AREA CODE 61 2 442-4.o&OB METRO 44B-5343 DUANE A. EBERT October 31, 1983 NORWOOD OFFICE CITIZENS STATE BANK BLDG. The Honorable City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Sirs: This letter will confirm our understanding of the arrangements covering our examination of the financial statements of the City of Shorewood for the year ended December 31, 1983. We will examine the Cityls combined balance sheet of all fund types and account groups as of December 31, 1983, and appropriate related financial state- ments for the year then ended. Our examination will be made in accordance with generally accepted auditing standards and will include such, tests of the account- ing records and such other auditing procedures as we consider necessary under the circumstances. The objective of our examination is to express an unqualified opinion on the financial statements, although it is possible that facts or cir- cumstances encountered may require us to express a less than unqualified opinion. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected authorities, creditors, legal counsel and banks. A fair presentation of finan- cial position and results of operations in conformity with generally accepted accounting principles is the City Council and personnel's responsibility. The City Council and personnel are responsible for the development, implementation and maintenance of an adequate system of internal accounting control and for the accuracy of the financial statements. Although we may advise you about alter- native appropriate accounting principles and their application, the selection and method of application are the responsibilities solely of the City Council and personnel. This examination is not made for the purpose of discovering possible material errors, fraud, defalcations, illegal acts or similar irregularities. However, we will inform you of any such matters that come to our attention. Whenever possible, we will attempt to use your personnel. This effort could substantially reduce our time requirements and help you hold down audit fees. e 3lrJ) . .. . . October 31, 1983 City of Shorewood -2- During the course of our engagement we may observe opportunities for economy in or improve controls over your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing. If you intend to publish or otherwise reproduce the financial statements and make reference to our firm, you agree to provide us with printer's proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval be- fore it is distributed. Please indicate your agreement to these arrangements by signing the attached copy of this letter and returning it to us. We appreciate your con- tinued confidence in retaining us as your certified public accountants and look forward to working with you and your staff. Sincerely, MATTHIAS, ROEBKE & MAISER By d.-~~ ~ner APPROVED BY: Name Date .. -,-- CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: SUE NICCUM DATE: NOVEMBER 11, 1983 RE: SHOREWOOD NURSERY - GARY MINION - THREE PUBLIC HEARINGS 1. REZONING REQUEST FROM R-S, MULTIPLE FAMILY TO R-C, RESIDENTIAL COMMERCIAL 2. ZONING ORDINANCE AMENDMENT TO INCLUDE SINGLE FAMILY DWELLINGS IN THE R-C DISTRICT 3. CONDITIONAL USE PERMIT - EXPANSION OF SHOREWOOD NURSERY All three hearings were held open until the end because it was felt that the discussion on each would affect the final decision on all three. Gary Minion was present to state that he had bought Outlots A and B, plus the piece of property that the red house stands on. He stated that he would like to: Move the existing garage back Build a Lath house in that area to protect his stock, consisting of a structure about 10 feet high, no sides, rough cedar horizontally on top, held up by 4 x 4's. (He mentioned that he has a similar structure now existing on his property if anyone wants to see it) Take the existing driveway, have it enter from Smithtown and exit onto Wood Duck Circle. Live upstairs in the red house and make the downstairs into an office, or rent it out. He mentioned that he had already done landscaping on the outlots, for a buffer and to approve the appearance. A Residential Community on Lake Minnetonka's South Shore ~ MEMO SHOREWOOD NURSERY NOVEMBER 11, 1983 page two Planning Commission Discussion Building setbacks were questioned. Planner Nielsen stated that with the additional property Minion has bought, he meets setback requirements. Driveway - Several members of the Commission expressed concern with a commercial driveway exiting on a residential street. It was explained to Mr. Minion that, although the Commission did not see a problem with his particular request, they have to also consider situations other than his, as it could cause a problem in a similar situation. They suggested widening his road and putting a turn- around at the South end. House - Commission felt that, although they did not mind Minion or one of his employees living in the house, they would rather not add Single Family Dwellings to the R-C District. MOTIONS \)~ - ~-~. Watten moved, seconded by Leslie, to approve the rezoning from R-S, Multiple Family, to R-C, Residential-Commercial. Motion passed unanimously. Watten moved, seconded by Spellman, to deny the request to amend the Zoning Ordinance to include single family dwellings as a permitted use in the R-C District. Motion failed 2 - 5 (Watten and Spellman ayes) - Watten moved, seconded by Spellman, that the Zoning Ordinance be amended to include caretaker residences as a Conditional Use in the R-C District subject to the following conditions: 1) Residences will be allowed only when accessory to the principal use of the property. 2) That the residence be occupied only by a caretaker for the premises and not rented out to someone who is not affiliated with the principal use of the property. Motion passed unanimously. Reese moved, seconded by Spellman, to approve the expansion of the Shorewood Nursery Conditional Use Permit subject to the following: 1) The service driveway from Smithtown Road to the rear of the property should not exit on Wood Duck Circle. 2) The five recommendations in the Planner's Report dated 31 October 1983, should be complied with. Motion passed unanimously. JAMES H. RUSSELL, P. A. ATTORNEY AT LAW 135 VALLEY SQUARE OFFICE CENTER 7575 GOLDEN V ALLEY ROAD GOLDEN V ALLEY, MINNESOTA 55427 TELEPHONE (612) 5415-5653 November 8, 1983 aRUCE E. RUSSELL.. A. JEF'F'AEY MCLEOD L.EE W. MOSl-iER OF COUNSEL City of Shorewood Public Utility Department 5755 Country Club Road Shorewood, MN 55331 In re: Bruce E. Russell Account i000561 Gentlemen: I enclose a copy of a letter dated September 14, 1982, which was sent to the City of Shorewood on that date requesting relief from sewer charges imposed on the summer house of Bruce E. Russell, Account i000561. My mother tells me that there is some uncertainty about granting relief to this seasonal property. The owner is entitled to equal treatment with other residents. He can prove the infrequent and seasonal use of the property and that he has but one bathroom, no dishwasher or clothes washing facilities. It seems clear to me that if you assume that he uses the sewer equally with full time residents having more water using facilities, it would be unequal treatment. Since my father has been overcharged for sewer service in the past, I had suggested to him that he should be entitled to a refund or a credit for sewer service and that he should owe no part of the present statement of charges. Very truly yours './ . .-.---- ~$~V// // d // ,I' ,,_~/' ".>_;1 :;"";/' j/ Y"A/?tt:;;' t.::L?/~Z:?Y ~s H. Russell JHR/ps Enclosure cc: Bruce E. Russell September 14. 1982 City of Shorewood Public Utility Dept. 5755 Country Club Road Shorewood, MN 55331 In re: Bruce E. Russell Account #000561 Attention: Sandy Gentlemen: A bill has been sent for payment of sewer service charges on the above account. The charges are for service for my Birch Bluff summer home which is closed up for the months of November through April of each year. The house has only one bathroom, no laundry facilities, and is used only part time during the months of May through October. The charges are excessive for the amount of use. ? I request an adjustment of the bill to reflect the actual use of the sewer and invite your suggestion. Do you use water meters to determine sewer use? Very truly yours, Bruce E. Russell bh \>c \9 \x\y / . / I HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY A.2303 Government Center, Minneapolis. Minnesota 55487 612134S-4'On July 23, 1982 Dear Mr. Uhrhammer: Same letter to: Excelsior Deephaven Greenwood Hopkins j'1i nnetonka Tonka Bay Victoria Mr. Doug Uhrhammer City Administrator 5755 Country Club Road Shorewood, MN 55331 . The Hennepin County Regional Railroad Authority (HCRRA) has determined to install signs at street crossings and other locations along the corridor prohibiting motorized vehicle use. The determination was made in concurrence with municipal recommendations from the Interim Use Advisory Committee. It is anticipated that the sign installation will begin within the next few weeks. . The Interim Use Advisory Committee also recommended that local police be responsible for patrolling the corridor. The HCRRA accepts the recommendation and suggests that each municipality adopt an ordinance to prohibit motor vehicle use within the HCRRA corridor to provide for police enforcement. If there are any questions, please contact this office. Director cc: CRRA Board of Commissioners Interim Use Advisory Committee I 80':"P') ::.:~ cC".!""SS:O~JEPS Jeff Spartz Chairman Nancy Otkon Vice C~alrman Sam S Sivanlch Sec'l!lary Richard E Kremer John E. Derus T'easurer Randy Johnson EF Robb. Jr Dale A Ackmann : ~-~("',' - '= C:''''='~'-' A Residential Community on Lake Minnetonk3's South Shore November 30, 1981 Mr. Art Lee Hennepin County regional Railroad Authority A 2303 Government Center Minneapolis, Mn. 55487 Dear Mr. Lee: We were advised by people in your office to submit the fol lowing request in letter form. Your agency recently purchased the Chicago Northwestern Railroad right of way from Hopkins to Victoria, Minnesota. We also understand that at this point it is not certain for what purpose the right of way wi II be used. I am writing this letter on behalf of Southwest Trai I Association. We are a group of snowmobile clubs in the Lake l-1innetonka' area who have joined tooether to establish a trail network. (see ma. p>. - " ,-. - .....,.....". . Weare<also involved in the Minnesota Department of Resources Grant-ln- . Al dTrai I System. Ihappen-to I ive next to-the Ral troad I tneat Smithtown Rd. in Shorewood. At present-"thereare cars, 4 Whee I Dr i ve -trucks, motorcyc>t es, .. horses, cross country ski iers,snowmobiles, and 3 Wheel ATV's driving up and down the track. Our request is for permission to use the right Of west border of the city of Minnetonka to Victoria. It to be used for snOWMObiling and cross country skiing. would groom, mark road crossings with stop signs, mark there are any, and keep the trail as safe as possible. done at NO COST to the County. In addition, by al lowing Southwest Trai I Association to mark and maintain this property for trai Is, you would put your property under Chapter #87 of the Minnesota Recreation Liabi lity Law. This would hold blameless, you, the landowner, for accident or personal injuries which may occur on this property by the users. Any agreement would be on a year to year basis. I hope from a safety standpoint we can work something out. If I can answer any further questions or be of assistance, please give me a ca II. way from the is wide enough Our Association danger areas if Th i s will be Sincerely, b' ~ ~,d{~ Jim He i I and Chairman of the Board Southwest Trai I Association 25575 Smithtown Rd. Shorewood, MN 55331 474-5030 or 474-9284 .. . CITY OF VICTORIA ~~ of ~ wnd fjJ~ October 21, 1983 10. - 4 1983 Shorewood Planning Commission City of Shorewood 5755 Country Club Road Shorewood, MN 55424 Re: Conditional Use Permit Metro Waste Control Commission Dear Commissioners: I feel a short letter. from the City of Victoria is appropriate in this concern. For the past 12 years the City has received complaints from almost every resident along Smithtown Road. These complaints have all centered on the sewer gas odors from the sewer under Smithtown Road. This odor is a result of the aeration of sewage caused by a drop or fall of the sewage under the channel between Lake Virginia and Lake Minnetonka.. This also creates a pressure differential between the upstream flow and the downstream flow which causes the gas to be pushed out of the manholes. On a hot summer day, this odor is offen- sive and obnoxious. During these last 12 years, many, many attempts have been made to get MWCC to correct this situation. They have explained it as a difficult situation to correct but were working on a solu- tion. This year they finally developed two measures which should correct the problem. They installed a vent pipe between the upstream and downstream sides of the channel to balance the pressures between the two areas. The second action to be taken is to install an odor control device at the Lake Virginia Lift Station. Speaking for the City of Victoria and those residents along Smithtown Road, we endorae these measures and hope this solution will solve the problems of odor. Thank you for your consideration in this matter. Sincere y, !::aUdberg Planner/Zoning JR: cc Administrator 795~ ~ r~} .At.IY. 55386 (G~2) 443-2363