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072384 CC Reg AgP \ . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 23, 1984 AGE N D A CALL TO ORDER A. Pledge of Allegiance B. Roll Call 1. APPROVAL OF MINUTES . ~ . COUNCIL CHAMBERS 5755 COUNTRY CLUB 'ROAD ** 6:30 P.M. ** Stover Gagne Mayor Rascop Haugen Shaw A. Regular Council Meeting - July 16, 1984 (Attachment #1) * 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMISSION REPORT A. B. * 5. CONSENT AGENDA - APPROVAL Item A - Simple Subdivision Applicant: Doug DeMalignon Location: 5935 Country Club Road Item B - Fence Permit Applicant: Tom Stovern Location: 5715 Star Lane Motion Moved by Seconded by Vote *(Recall after 7:30 P.M.) (Attachment #5a - Staff Rpt. and Plan. Comm. Rec.**) (Attachment #5b) (** Refer to Planning Commission Minutes) AGENDA REGULAR COUNCIL MEETING MONDAY, JULY 23, 1984 Page Two 6. SIMPLE SUBDIVISION Applicant: Clifford Brandhorst Location: 27225 Smithtown Road (Attachment #6 - Staff Rpt. and Plan. Comm. Rec.**) 7. ZONING ORDINANCE TEXT AMENDMENT Applicant: Stanley and Joyce Kotzker Location: 6140 and 6142 Chaska Road (Attachment #7 - Staff Rpt. and Plan. Comm. Rec.**) 8. SELECTION OF FINANCIAL CONSULTANT 9. ATTORNEY'S REPORT A. B. 10. ENGINEER'S REPORTS A. Review and Approval of Plan and Specifications - Trivesco 1st Phase B. Review and Approval of Grading Plan prepared by Schoel-Madson- Trivesco (Attachment #lOb) C. Review and Approval of Street Replacement - Project # 84-2. D. Clarification of Specification for Freeman Park Entrance. E. PUBLIC HEARINGS 11. 8:00 - VARIANCE REQUEST - LAKE SHORE SETBACK Applicant: Irma French Location: 23825 Smithtown Road (Attachment #13 - St[ and Plan. Comm. R Applicant: Pamela Kizer Location: 21115 Christmas Lane (Attachment #11 - Staff Rpt. and Plan. Comm. Rec.**) 12. 8:15 - SIMPLE SUBDIVISION/VARIANCE REQUEST - LOT WIDTH Applicant: James Heiland Location: 25605 Smithtown Road (Attachment #12 - Staff' and Plan. Comm. Rec.~ 13. 8:30 - SIMPLE SUBDIVISION/VARIANCE REQUEST - LOT AREA (**Refer to Planning Commission Minu~ AGENDA REGULAR COUNCIL MEETING MONDAY, JULY 23, 1984 Page Three PUBLIC HEARINGS, CONTINUED: 14. 8:45 - VARIANCE REQUEST - SETBACK ADJOINING A ROAD RIGHT-OF-WAY Applicant: Thomas Doherty Location: 20375 Manor Road (Attachment #14 - Staff Rpt. and Plan. Comm. Rec.**) 15. TRIVESCO A. Discussion on Review Process (Attachment #15 - Staff Rpt.) 16. ADMINISTRATOR'S REPORT A. Assessor Update (Attachment #16) B. 17. MAYOR'S REPORT A. B. 18. COUNCIL REPORT A. B. 19. APPROVAL OF CLAIMS AND ADJOURNMENT (** Refer to Planning Commission Minutes) , . GENERAL ACCOUNT TO WHOM PAID CHECKS PAID SINCE . JULY 16, 1984 AMOUNT .Q!l~s.~_tt 28973 28974 28975 28976 28977 28978 28979 28980 28981 28982 28983 28984 28985 28986 28987 28988 28989 28990 28991 28992 ~993 ~'8::~') 28996 28997 28998 28999 29000 29001 29002 29003 29004 29005 29006 29007 29008 29009 29010 29011 29012 29013 29014 29015 29016 29017 29018 29019 29020 29021 29022 29023 29024 29025 29026 Bob Gagne Kristi Stover Tad Shaw Jan Haugen Robert Rascop Owen Anderson Ken Jarcho Insurance Void General Training Center Mari Reeves Kooi U.S. Postmaster Albinson Inc Andersen, Earl Inc. Armor Security Co. Artsign Materials Associated Asphalt Astleford Equipment Autocon Industries Inc Bergerson-Caswell Inc. Budget Paper Co. Chapin Publishing Co. California Contractors City of Tonka Bay Clutch & U Joint Consolidated Electric Custom Business Forms Dept of Property Taxes O. R. Copier Service W.W. Grainger Inc Graybar Inc. Gross Office Supply Hance Hardware Jordan Ford Voided Kortuems Sales & Rental Lawson Products Leef Brothers Long Lake Ford Tractor Lymand Lumber Company Mayer, Don Inc. Midwest Asphalt Corp Mn Suburban Newspapers Minnegasco Navarre Hardware NSP NW Bell Orr-Schelen-Mayeron Perry's Truck Service Shadywood Tree Experts Shorewood Tree Service Serv-a-Dock St. Regis Corp Satellite Industries Star & Tribune ~Q~~Q~~~------------ July Council Salary $ " " " " " " " " " "Mayor " Refund CUP Application Liability- Festival Seminar Ray-Beck Adv Coordinator Festival Postage Plan Dept Supplies Street Signs Locks Maint Bldg Plan Dept Supplies Road Materials Truck Parts Repair Badger Well Well Repairs City Hall Supplies Streets Adv. First Aid Kits Water Useage 2nd ~ Equipment Repairs Water Dept Utility Billing Freeman Property Plan Dept Supplies Small Tools - W&S Fuses - Wells Office Supplies Supplies Truck Parts Truck Parts Shop Supplies Laundry & Uniform Servo Equipment Parts Supplies - Roads Grease Purchases Road Materials Legal Notices Utilities Shop Supplies Electricity Telephone Engineering Fees - May Truck Repairs Tree Removal II CDBG CDBG Beach Dock Purchased " Crescenc Culverts Service Assessor Ad Total 100.00 100.00 100.00 100.00 150.00 265.87 200.00 -0- 74.00 449.84 100.00 4.15 258.00 169.30 18.72 1,800.45 17.02 356.27 76.50 96.75 123.48 148.35 435.64 100.04 37.70 160.09 1,607.54 40.00 83.26 74.61 29.22 64.87 22.28 -0- 20.65 71.77 170.60 410.44 27.00 109.20 44.82 70.36 43.73 39.62 1,043.85 513.07 3,912.15 1,076.50 4,091.16 280.00 638.95 344.25 452.29 43.80 $~g~~~~~J:~ LIQUOR FUND .f~!:.~~_tt 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 2273 2274 2275 . . CHECKS PAID SINCE TO WHOM PAID ------------------------ NSP Griggs Cooper Minter-Weisman Co. Johnson Liquor Co. 3-M Alarm Services Void Harry Feichtinger Thorpe Distributing East Side Beverage Day Distributing Co. Commissioner of Revenue PQ&C Automation Pogreba Distributing Pepsi Cola Bottling Quality Wine & Spirits Mark VII Mn Benefit Assn Eagle Wine Company Intercontinental Pkg. Griggs Cooper G&K Services Coca Cola Company Royal Crown Cola Frito Lay Inc Hance Hardware fQ~fQ~~~___________ Utilities Liquor Purchases Cigarette II Liquor Purchases Security Expense Check June Beer Purchases June II II June II II June Sales Tax June Ice & July June Beer Purchases June Pop II Liquor Purchases June Beer Purchases July Prem - Harry Wine Purchases Wine Purchases Liquor Purchases Laundry Service June Pop Purchases June Pop II June Misc. II Supplies Total JULY 16, 1984 AMOUNT $. 383.85 3,516.05 1,037.72 810.15 212.43 -0- 203.82 4,682.15 3,824.05 3,680.95 3,400.09 180.00 ~,879.35 263.25 5,886.97 3,838.05 10.85 410.69 134.88 1,256.80 36.20 504.89 107.90 35.81 4.32 $~~.!.~Ql-=-~~ . MEMORANDUM TO: FROM: DATE: RE: FILE NO. BACKGROUND (e (e MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 9 JULY 1984 i..J DE MALlGNON, DOUG - SIMPLE SUBDIVISION 405 (84.21) Mr. Dou~ DeMalignon has requested approval of a simple subdivision allowing him to rearrange lot lines on his property located at 5935 and 5955 Country Club Road (see Site Location map, Exhibit A, attached). As you may recall, the applicant initially received approval to divide the property in May 1983. A new house has subsequently been built on the southerly lot and the applicant wishes to add a deta~hed two-car garage on the north side of the single-car attached garage. In order to build in that location the applicant proposes to rearrange the lot lines as shown on Exhibit B, attached. ANALYSIS/RECOMMENDATION Although the new lot line is somewhat gerrymandered, it does respect the topography of the site. As shown on Exhibit C, the new lot line crosses contour lines relatively perpendicularly. It should be noted that the line must be adjusted somewhat to maintain the 120 foot width at the building line of the northerly lot. This should be done so as to keep both lots 40,000 square feet in area. Subject to this change it is recommended that, the simple subdivision be approved. Once approved the applicant should file the division with the County within 30 days. BJN:sn cc: Dan Vogt Gary Larson Jim Norton Doug DeMalignon Sue Niccum A Residential Community on Lake Minnetonka's South Shore SA u ~ , 7 'l,(\ ~t6 (?J . (,1' no sft6 (~"'>> . \!L.~.:t 'IIl.,"" . "~ I'" ~ 7 .Z, N .~. ,~ lIt.. S,17~,." (All"'..,,, , I I I IU." I Q -- ---.... -:: · .. I., I li~" ~ I)O.I.J, 28 ~ -6 (It) ~S;;~~." I ~v )1' . - -----l--.J toS' I 133 \~) t<\cP (1) ''1 ... }nO 30 Pc,5 (?I) ~Mot11\ I H. &00' i~- :~i~r ... ~ ..- :_~ ~ . ,- ,.".,.'...~ ..~:~. '.-~~L~'~,,~.L~_,. Exhibit A SITE LOCATION . DeMalignon - Simple Subdivis~on ~ i'~ . (e . w .- , .... S$ "-. ~ I' . > 0 ~ .2!: j ~ , , " ~ C 0 . ,,, en I , ~ (') U .;. " ~1 c: en !:l .: ,~ S ...... .,-4 .. .-4 ~ > :2 '.. '. ~ .,-4 -... ~ .-; I) ~ ':) ;," en ~ .. ' ) .. .J:: ! ~ ... U " ~ 0 .~ ~ .0.) .... ~ ;or. t- o. ., ~~ 10 j ~ 0 I: ~ U') .0 t.. ~ " 3 ~ .-4 ~ J.. c: ~ ,... -. ~ ..., ~ --4 - .~ ... (,...0 1 o. 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I ~ j '!...~ ) ~ -;,0.1 '''e<l' 0\' ~\\ 1 I O~'''''--'' //- 1\ ~ ,t 0 , _"" ~ )'.\8~Si~ Cd~.~~'! l/~D ~~~~ '~l~r5~O . ~ ~ h ~~~~ "tJ( ~;O i \\ ~ <'l\ I ~ 4 \~,\ '\" r 1000 [,J 0 CI. _m I (( ) \ -0 i'! ??~/ l"1 II' ~I " Cl Y<., j)K\~~~.~Y7 ";J I ~~>-/,;./~ ~ ::--:::.-:: ~ ~ ;/ -lJ" " [~\\ ,I fC'f ~ ~/~'r:- .;,/ /~ _,' ~ ~ 9J::?~ 1\\\ 'f i ' /: /T 1, ~... ./ _ . ~~~~~~~:~ ~~~'2-~,;'~~ '~I'" :I~l l I~;,"\J . ~~\. '-;. 'II \ Exhibit c ,- - . ~\,\ ~,,~, . . SITE TOPOGRAPHY :\:1 .-' ~r'L ~~. _ ,~ .~ j properl.y lines sho,m are i-'\7~\~}~\ \~~~~ : ~~.. ~~~"'..\? ,......~-.:::....~~\..'~ \ \; 1\\ ) appro].~mate 'v' ~~~- C. If'; r)-tr-. "'_,~ ~~" -.........: '-. i0 ,"" /' \\l'" \ i _. ~ . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 20 JULY 1984 RE: STOVERN - FENCE PERMIT FILE NO.: 404 (general) Mr. Thomas Stovern has requested approval of a 6 foot stockade fence to be located along the southerly boundary of his property at 5715 Smithtown Road (see Exhibit A, attached). The fence would be kept 10 feet away from ~he Star Lane r.o.w. and extend eastward. In order to avoid confusion as to whether people across Smithtown Road are "adjoining property owners", the applicant has submitted signed approvals from them (see Exhibit B, attached). BJN:pr cc: Thomas Stovern A Residential Community on Lake Minnetonka's South Shore sh ,. n. f ~\~~:~~i~\pi -, ~c6 a-:J (J......) :OJ "~ l ~ t.' , " . " >"~" . . ~ ~3) ~}..\ ," \,J'~' 4 ; 5 .: 6.\ 7. 8 I I ' ""~~, Q. '1,;.1;4. ,~~~ ; .," :' I., \..~.' ~.'\J,".i<"''''' ; I .. ~'. i . . .~ 6\\lI~ ~ hfil" . i : 2 ;, 3 ~1().! . ~.. M .;;,.:..' ~..:'CI =asf 39051 0 m l(\ - \(\ . 0 8 Z . S88,':. ^1.. r; . ~?) o. Eo ~t ~, . '~a' (I) i~ q- . I;'" ....I \ ~ . I 0: l6'. ~ii.,,'J& '" .-t ~ ~ N t.a.t~ I 'f:tii>' ( ~ -~-- " .~ ~" . . It~.~.. \ I.~ I / \ ot, \ ....J:"\-.\.'?, \ '0) hO rJ 'clf/) \ ~ '0 \ o~ LOrr- ..... \ \ '" \\\} ~b) \ I \ \ I \ . , 647.0 "I~O.1r" , -~O' 40_- 4~---- . ~'~\. : .. I . !i}'\!.\c5 · ~Q.o61 ~rP;- , , , ' I . i u.~) (1.1)' (1-1JI .f 9 10 : I,! II .1 ! : i,' I! i ..1 c.." 0) ~ ll\ ~ 0 0 5 .CS 0 (l'j 0 ~('I Q t:JLD 0 ~ '0 't' '-q N (J,') 1158 r.... ..... ..... .(~ ...... <:) ..... .... ~- '-<.. ......' ~ J3): ~~~o ,~) o\~ )0 ~'V) I I I t ~ I ~ lr-~':: - .... ~ ~",blt A. ~\'(f, ~O /44 I '" '\;' 1-'" ! I , I I I I 1 I ! I ! I , I V"II (7",1 " I LOT. 20 · I I .~ '"')\.\., o i (~e) I- . 12.1 13 ,i' I 1 vt1 I . .' r, (~' ~ J () Q! Q; 0'\. / ~''-\;'''---j' .......,'-\~ () \s) bl ,. I;;\~? iOO'~ I ''''I~ : IC, .~1~i ~JqI; 16: ,-AI '11 ~, ~ , (1.tli . (r~J .: I 4. 15. I I ~. ; I .. n., 'I .. " OJ ~ .... ');!! '\j ~ (19 L( , --;;..I.t t-' " )Y _i~ " 'f' d L '7~ J9?)~i.7~~ Q +~(l~~~ ~~ r. ifl".I--r-r?A)' zrtt 'e 't r-'/C~ U JI /.(...7 ~!> Sit <;r -7' f)/ ~~f:' -C/"'/7;""/ r~r ICJ . -v .~. '-.'-":;r'.~7-~'-".V / w (7- ~T.7~' / ~ .~ ,OV~ ~ r . ~r~.~~;;; _~f - _c; /7 /, J -r=> r/' -'/7"~ { , ---rry-r-n';j r -/ 711(l...~ 1/\ {/ '-- /> (/ fI fJ r 6?5'C::1 ~L-<-7;i l::J7/],z ')~ '--v1~ 5/L.5 -j'P f,) ~7yj''''7'/ :I/o ~!l-v---7 ~f) 9 JJ r t'~f?'V?/~u-(}!) ~r?:) 7rrlf -01,,_ rrnl - IJ "U-Yr~;Jq~~ S005.~ If:) ") 70?-.~ r ~;;VL u,% f . . . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Robert Gagne ADMINISTRATOR 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: 1 JULY 1984 RE: BRANDHORST, CLIFF - PROPOSED SUBDIVISION FILE NO.: 405 (84.20) BACKGROUND Mr. Cliff Brandhorst has requested approval to subdivide his property located at 27225 Smithtown Road (see Site Location map, Exhibit A, attached). The site contains approximately 10 acres and is located in the R-1 zoning district. The applicant proposes to divide off two, 40,000 square foot lots on Smithtown Road, keeping the remaining property with his existing house (see Exhibit B, attached). The request is similar to the Heiland request which is also scheduled for the 10 July Planning Commission, except that no variances are required in this case. ANALYSIS/RECOMMENDATION Ideally a subdivision involving 10 acres of land would be entirely platted at one time. The division does qualify, however, for processing as a simple subdivision (i.e. division by metes and bounds descriptions rather than lots and blocks). To avoid the affects of piecemeal development, the applicant has been asked to provide a resubdivision sketch showing how the remaining property can be developed in the future (see Exhibit C, attached). Given the existing one acre zoning of the property, the overall development plan for the site is considered reasonable. Future development would allow one additional homesite and as many as six lots on an extension of the Beverly Drive cul-de-sac. A Residential Community on Lake Minnetonka's South Shore b . . MEMO FROM~ PLANNER BRANDHORST, CLIFF-PROPOSED SUBD. 1 JULY 1984 Page Two One of the six future lots would contain the existing homesite. With the exception of front yard setback, the homesite will conform to the requirements of the R-1 District. The Zoning Ordinance requires 50 feet, while only 30 feet is shown for the southernmost building. There are at least two solutions to this problem. First, the cul-de-sac could be extended further westward increasing the setback~ Given the cost of streets and utilities it may be better to consider moving or removing the building in question. As in past similar requests it is recommended that the City require a development agreement for the property which incorporates the resub- division sketch as a guide for future development of the site. The agreement should also stipulate that any future development of the property will be done by formal platting procedure in conformance with the Shorewood Subdivision Ordinance. Prior to the City signing the development agreement and Council resolution approving the subdivision, easements and utilities should be required around all lot lines. must also pay $1,000 ($500 per lot) in park dedication is given for the lot with the existing home on it. releasing the for drainage The applicant fees. Credit Once the development agreement is completed and signed, the applicant must record the division and agreement with the County within 30 days. BJN:pr cc: Sandy Kennelly Gary Larson Jim Norton Cliff Brandhorst . . . . .~:fO lW0H1~ d a:: li 0 0 - ~ ~ a:: IJJ > IJJ C m ... .1I -- - - - - - - - - - - - -- . <I: - a:: . ~ . 0 - > ~ '!.- <t! u- d <r"'.~ -() ..... \.. Uj ~ N ').. ~ 1- - .6 ') J::: o ~ ~"-./ ~ ~ ~ ~ ~ ~ ...J . . I . . I . . I Exhibit A SI'rE LOCATION Brandhorst - Simple subdivisjon ------- ---------- ~",.,I....---- ROAD ......~. :. ~.- . - ...-- --k..~ __... SMITH TOWN , ",...----:(Oid~ __________ ; ..,,,."00"(. ",_.0 : -- ...,.."00.. 152.0 :, :: .. . ~ .. .. i . 'II ~ I .. ~ ~ i .. c .. , 'II .. " . . , \ .\t \ , 0 a i ~='<< \ .. o o .. 'II ~ .. .. . .. :, i 11 'il .. .. . .. i , .\",.../'/~ A ~a"". . '>00 L..'''''~ _ '50.." B ... .. ~ .. '.. .. i' .. " .. .. . ~ II : '~ .. ~ " . '50... .. .0 s.. "..1'00 . I I , Jl. ! if r' .....,' -i---i - -':'-") , I 1') o'ok / :l~ +:/--~ 152_.0 .".."OO.f ... <: ., .... ,:: "'51.&0 j , j' / ~ - .I /'61 _~ "'( 141.8(1 -~ I Do" __..--.~ .... :~ -T I !.:.! ." ..-r , -- -.55'1 ..... ..-;: t;,~ ') .. <, -.:( ,,, .. , .., I; ~ ,~ ~~,~ .. .. .. . .. ~ = .. .. .. oil'" . : ~ .' ~ .J :J: "..!) .. ': ~ -- D... :,,.. "' : ~_ ___ L-_.L .. .. .. D ::i:~lE ... '/, ". .( _i_ ~ ___ ___'~5_ :3 i: 'I E R ~ j" II - ~ , .... ,::. .... .... .. .. ., ~ . .. '" .. c " ., t~) .... .... .... ~ .. .. - ...~ .u.... ..011.. ~.- .._.._. V..._....,......_SI,~~;~. l\ . ""ONS"Oft .....,...,.." o "1'101'.. inIIt ~.,,' a, ",or.." R.L $ 14.34" IoE.\l. !F."".:.c? ~'::JlI - ':> A~ Ii: cr. "- :.~ ~t p.rt of UI'" MS~ ...... .~ !Mt :;f t..... ....t hl SO'..rt..r.e&5~ -.n.-:- ~ s.:H~ ).., "'tlIlm&I"_i~ :1';. ~@o&nf'tlir. Couzr..,.. ~t&. c.-=:"~DP1 &oS ~":;01f ~~~if'll at t!'w ~b'!~t!Oft o! tb.. .to".. 1i .....~ l.ra ......~ r...t or u.... 1t:u:t. Ra,l! ot tIl.SOIlt.......& ..M t.t:. vu1..M-):r ~)~'t....of--., liae ~~ Sa! L;.,tc* !.:~.ftCf' or u .n~ o..ri_ ft! ~or..t; S:~~';'.X.. IUOftI!I: ea~d ~r!J' !'i~t..or....:t' l~!IlP . ~iat.an l>.to(; !'u~: t.h~ 9oV'!.h M":,'y'. Za.at. ~ooa.:l ...... ...t linf' o! _~d E.u:'t !\a:l.f of t.he ~1.lt!\M:. . :!:...~ Gf Z6"..~~ "..t, U"..e:JOeo ioutll ~t..':"7'O . .~:J:t...."'l(" ~ :51.tt(.' 1'.... " tl':l!' ...t li_ .1' . ''2.1C !e<!-~I 1:be1Elt ,~ 0-0"56'" -,....-::, UIIIlIf ~ 1;"f"t&.....,. of ~~.l~ f~ t! 'Li'W' pcu~ c! ;._-~. ~y ....OOC- eeua...... fee-~. (' .' !~ .:.~ :r:~~-:'l ~ - !Jlr!n.. .1 ~; JIC'". r::! to.. _!It .~."5{I !wt M' UN' Iou" ~ ~'!-~...t ~..y- ..... Sc-t.i.., ~, !OII?W""".i; 117, :"_~1.D<O>pi!" ~CJDr;t:r, ~.;.~. '3.~:..c ." !'e:1Ot !;.eria!riftll &', tIw t~n.~. ,,' tJ>a !lM.~ :. 17-u~ f.alf (':f thfo~t (;l:;&!"'"..e:r .!III t..1w tWtJ' rir"':t-c!--., l:.DiI" ~ 9Ir1thtCIIME. BMtl; ~ 50'. P'l#>Lo-OCH ""..1., a.l~ ...~ r1cbt-<"f-sa, H~ a c-:' 29".4._, ff"rt~ thIonc:. ~ow..t. p.{l"""-'- '-~, nt..' ~lflc ....~ 11!11f' o! -..:." J:lu:t W1' ~ t.tM ~vtn.., . disteftC. o!" ~c,.J c., rut; t....!'Il"4' "<r-~ ~J...?'t a ~ht.aDe~ ~ l~.aar ~<t tJ" t~ ~ ]iftle O~. I ,.If ~ \he, ~.~-t Ow--t-..~: ~~:o.~l' o-"Jrr.. ~ ......... -&l~ !Z.:- ."cot \-:, ... ~:-n.u~. ':" ;-.'~.l .....!".. poir.t nf' r.":':~:_~''D@:. :on:...:.n~Dl 4(..Ck.Y ~...,.. f...t. ,?~------; L- .. .. ., .. 120 ,- ~ .. < ~) I... !.~ Exhibit B PROPERTY SURVEY Shows proposed division t' ~ , ; :---' , ---- ------ I' j ~' ':\ ,"~ '. ('~) !:: ~- .:-.. ---~ r-' " .. . F- a .~ .; . ; 't 0, " ; J . i ... . . . ~ . -. ~ _....i --, ~7 .. ~- _<p.'-' . .,.0 ~s ~~ -" .!It.$,..... ..~" , ~, '\ -~ A ~ r, !t.. : { . - .1..,.,- . .~....c l"-."~ 40j 000 sQ '40. -.--.-- ~----- ..; ~" .. .:' ....c~ ., ~. ',;J. . _ - --'II.e:eo" .- (SO 5~,$OC 5Gl~ ~ l>? , ."~, <""r,"la.:' ,~ ,.-';~~ . ~~...'!~ $ 43,000 SQ ~f ~-~ ',.... /~""'" (' ~. . ~,....; ,57/ """"~\ /13 < . " 1/3 Ir) '" .. ..., '" Cl l) ., ., " . . 44--U ~JC>>Q .SQ H ISO-S? .-.S? .~; .~'" ~ 4i .;.,.,' I,: I ....:,.." .,,;......., .......... ~ ~'. ~ _:-_~_~.~......-----_~ :-:--- - ..~.- "'"T -- ---:r-'-- ..~ ~ ,:,;. ." ",' ....0, po A 0 ._ - --~"- -....-..- ~ !" r, . - . .- .... c . /' .' !it, 8<'.~ -. ,.: .: B I ... I 40)000 sa#. '.'~ I ~'--; ~J___.. . I'j;.....' ..'! ".< -IZS1 t--. ~ s,::s, $00 5Gl;+ ~'-~ ~-.' .:: . 'S'MITHT~~ -----.----;) . ..,' ~. . N~._.,-.... .,. s ....~~.~(. Of(~' ~. .J-1W)' .-........~ .' ---...--- ~. : " 'ocrl."!"~";' ---~.~ ~ . J . ".!~:~.b ..... ... <': ~~ -.. '" .... . '. :-~ f ~) ..... .. " . :a : 40) OOO-<S(X+ +. ~ <. 150.137 ,1:50.87 ; I.) ". ... t r . r I/O,I:1DD ~ f+ . f! J$O. 97 , " ! - .~. ,,' '-':~.I ,.t....."'t.;.. 1,:""'''''';. ~ "'" '.. '" 'v, '" \j '" 1 . ~ ~ l-, ;. . .... '. ., - , >- .... ~-. .... ~ , - ,/ , " '.' ~:: "'":.- -7 ~) , .... '. -- ..- " Exhibit C PROPOSED RE3UBDIVISION SKETCH ~ . . MAYOR Robert Rascop COUNCil Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 23 JUNE 1984 RE: KOTZKER - PROPOSED ZONING ORDINANCE TEXT AMENDMENT (SUBDIVISION OF TWO-FAMILY DWELLINGS) FILE NO.: 405 (84.16) BACKGROUND Stanley and Joyceanne Kotzker are co-owners of a two-family dwelling located at 6140-42 Chaska Road (see Site Location map, Exhibit A, attached). They have been waiting for quite some time for the City to adopt the new Zoning Ordinance which contains provisions for the sub- division of lots containing two-family dwellings. They now find themselves in a position where it is necessary to request an amendment to the current ordinance so that they can divide their property to facilitate individual ownership of the units. A public hearing is scheduled for the 10 July Planning Commission meeting to consider the proposed amendment. ANALYSIS/RECOMMENDATION The concept of splitting two-family dwellings for individual ownership has been discussed as part of the new Zoning Ordinance (see page I-57 and 58). These provisions are designed to encourage individual owner- ship of units in two-family dwellings (and quadraminiums). Exhibit B incorporates the provisions of the new Zoning Ordinance into an amendment of our existing ordinance. Following is an evaluation of how the Kotzker's request conforms to the proposed requirements: 1. The base lot conforms to the requirements of the R-3 District in which the property is located. The property in question is 270 feet wide and contains approximately 51,850 square feet. (The smallest unit lot contains approximately 25,775 square feet - nearly the required size for a base lot). 2. There is only one principal structure on the property in question (see Exhibit C, attached). A Residential Community on Lake Minnetonka's South Shore ? . MEMO FROM4IIt PLANNER KOTZKER - PROPOSED ZONING ORDINANCE TEXT AMENDMENT (SUBD. OF TWO-FAMILY DWELLINGS) 26 JUNE 1984 Page Two 3. The applicants have submitted a proposed property maintenance agreement (see Exhibit Dt attached). This should be reviewed by the City Attorney andt if found acceptablet should be recorded with the property division. 4. The property is not currently served by separate utilities. A new well will have to be provided in addition to a separate sewer service. One question which is not addressed in the new Zoning Ordinance is whether park dedication fees should be required when two-family dwellings are divided. Typically when lots are dividedt park dedication fees are required (if they have not been collected in the past)t with credit being given for any existing dwelling unit. In this case each unit lot contains a dwelling unit. As part of the text amendmentt a determination should be made relative to this issue. It is recommended that the City adopt the proposed text amendment and approve the division contingent upon the following: a. Separate utilities should be provided prior to the release of the Council resolution approving the request. b. The City Attorney should review and comment on the proposed property maintenance agreement. c. The division and the approved maintenance agreement should be recorded with the County within 30 days of the applicant's receipt of the Council resolution. BJN:pr cc: Sandy Kennelly Gary Larson Jim Norton Stanley and Joyceanne Kotzker Rafael and Valerie Viscasillas Sue Niccum , 0 \ r~ /~~ ;~ ~ '~_-a. ~ '. i J \" , .! ~" " \ " . Q ~ r~' , q .....:::..J O.~ , ~!:;: ,at I .....;J ~.,.,- " loI'-" ...., i \ ~ ,. ..... ~ ~.~ ~. '~E"I_...~/:~'j,;,~ _._ I -. - "\" I.'" .-" '., ~ .l: () ... " :..f ,. / . " ~r ~ " ... .. -i - .. Ill' ~ -; I : ---, ~ i-' j v'\! L . I . -(-4..' " 7.-y , co ID ...--.. C> CO - ,... '---" N ~ ~ ~ N ""' (:,) --.,r- ;) \ .' ~ ~ - 0'; ~ ~ft ~ ~ o ~ ". ~ Q ,.......- .,. D~ ~ ..... ID 'J' ~, ~, '^ r-. \ t ... . \ ~, ~\. .... . , ,. \ ,\ .:..- ---.---.\'.---- k ., \\\;- ,.,----- ~ o - Exhibit A SITE LOCATION Kotzker - Proposed text amendment allowing division of two-family dHellings C111 t; \ ,,(V '. ... <II DII DII "'?-- ... ~ 1---- -::.:.'1' -=.:-- ~-....... .' ......1 ('") ....... ( -) ....... ......~. 1..1.. LiJ .....":> . r.....~ __4_ :.....r ....l. (..) a \... ~,...~ ") N:S ~' Oft@ ,po ". ..c .... 'f . . ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 77 IN THE CITY OF SHOREWOOD, BEING AN ORDINANCE FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE BY REGULATING THE USE OF LAND, THE LOCATION, AREA, SIZE, AND USE AND HEIGHT OF BUILDING ON LOTS, AND THE DENSITY OF POPULATION IN THE CITY OF SHOREWOOD, MINNESOTA. The City Council of the City of Shorewood does ordain: Section 1. Ordinance No. 77, Section 4, Subd. 6, Definitions, is hereby amended to include: "Lot - Base. A lot meeting all the lot specifications in the zoning district in which it is located prior to being subdivided into a two-family dwelling subdivision. Lot - Unit. A lot created from the subdivision of a two-family dwelling, having different minimum lot size requirements than the conventional base lots within the zoning district in which it is located." Section 2. Ordinance No. 77, Section 11, General Provisions, is hereby amended to include: "Subd. 9 Subdivision of Two-Family Lots. The subdivision of base lots containing two- family dwellings to permit individual private ownership of a single dwelling within such a structure is acceptable upon the approval by the City Council. Approval of a subdivision request is contingent on the following requirements; a. Prior to a two-family dwelling subdivision, the base lot must meet all the requirements of the zoning district. b. There shall be no more than one (1) principal structure on a base lot in all residential districts. The principal structure on unit lots created in a two-family subdivision will be the portion of the attached dwelling existing or constructed on the platted unit lots. c. Permitted accessory uses as defined by the zoning districts are acceptable provided they meet all the zoning requirements. d. A property maintenance agreement must be arranged by the applicant and sub- mitted to the City Attorney for his review and subject to approval. The agreement shall ensure the maintenance and upkeep of the structure and the lots to meet minimum City standards. The agreement is to be filed with the Hennepin County Recorder's office as a deed restriction against the title of each unit lot. e. Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer. f. The subdivision and property maintenance agreemtn are to be processed and recorded in conformance with requirements of the Shorewood Subdivision Ordinance." Exhibit B PROPOSED TEXT .Al,:ENDIvJENT 6-\ '" -to B. .~ That J8rt of the prllJ81't7 hereinafter described ~ which lies Southerly of the Northwesterly rlght- o of-WIlY of State Trunk Higbwy Nullber 7 u now ;z .J;'lnatructed, to~ t . / That part of Lot 167, Auditor'. Subdhi- 1I10n 110. 135, Henneplll ColDlty, Ml.MlIlIota, lying !uterly of a 11M drsw !'rom a point in the IIorth Un.. of said Lot 167 distant 127.6 fNt lut of the Northwest 'C> corner thereof to a point in the eenter ~ne of ChasllB Road .. ehovn in the p1&t :M1'Z. /of Auditor's Subdh-1elon "0. 135, Hennepi. V'" / CoUllty, Minnesota, \lblch point bears Mortl , / 43020' Eut a distance of 219.7 feet fro.. the \ &1!.9 .1fJ t.. J / intersaction of the We.t 11M of add Lot 167 'z ~E>'Z.\ foD / extended vith the South line of BecUon 34, ,\ W / Tovnship U7, !l!.ng. 2), aceordill8 to the plat thereof " ~ / on fne or of rerord In the ofnce of the Reg1etu of (I....'q " \ Daeds in llnd for aald Count)', . ~~ ~o.,/ ~ EXCEPT that part or said abon-dllllerlbed pI'Opel't7 ly1ng C-'tI1P /' \ .'0.... Southveeter1y of II llne deecribed .. foUovas Co_dng /' \ \.s> at the Southeut comer of the Southwest quarter of Sectiol / \ 34, Tovnehip 117 North, Range 23 \lest of the 5th Principal / \ Meridian; thence West on II line which If extended would Intersect the Southwe:lt cOMler of 881d Southwest quarter, ';Y, \ a IUstance of 426.34 feet to the poInt of beCillll1Dg of the / " \ Une belnc deeerlbed; tbence /' tl'.t.~ '\- l,~.6.I"'een5~(/w'/51t/ denectlllg right 6JO)6'3e- to :te..\ :~.""~'5.,stJC J(/"I7'Z;~.., the \IIorthweeterlT rlgbt-of_y >tt '. .~ 426.34',:.. ""1.1ne of State Trunk Hlgbwy tlo. / " . ....~ 7, and tbere endlll1, H89' 26 38 w / aDd th~~~~~I~~_~:_~~:..~::eting buildinlls thereon. It doe. IIOt purport to ahov other 1.... ~ =- '.-;f~1:!:F:~~7- . " ... '"~' . &;.._.t.rIh. ,,'iN: o( JuI/I.? t../-IL7 , . , \' , , /', . , / _../ "',. / .X '/' 1Y'~ , 1 ..,1. .AO' .,.CJ . ',~ '"" " ~t9 . : ~ ~. ~\t:J# e,+ ~v~/ ~,..,'x . .:1\. ~ ...r.''- , 4 " -~ z "1 o "'. ~': ~ \;- PROPOSED DIVIDING LINE ,~ '0. * .-:. o 'OJ, B z .;) r- A (:', N, III II> ~ tj, IS) '" I\l N ~ / Exhibit C PROPERTY SURVEY Shows proposed division . PROPOSED LOT DIVISION FOR STANLEY KOTZKER OF PART OF LOT 167, AUD. SUB, NO. '35 / .~ I hereby eertU'y that this 11 a true and 4- correct representation or a ~ey of the bC>lmderles of. J A That pert or the roUowing-d...crlbed PJ'OpArty I That part of the property her81lll1rtar de.crib which lies Southerly of the Northwe.ter1y rig of-VIIY of State Trunlc High...y Ilumber 7 .. !lOw eonetrueted, to-vitI 'nlolt part of Lot 167, Auditor'. Subdiv:1sion If 135, Hennepin County, M1Muota, l.11n8 Ruter of II 11n.. d1'llWll froB! a point in the Iforth Un of Mid Lot 167 dlltant 127.6 feet !Jut of th lIorthwe8t corner thereof to' a point ill the ~nter line of ChlI8k11 Road a. .hown in the p1 of Auditor'" Subdivision No. 135, Hennepin County, Minnesota, \lbieb point bean North 4;0'0' !B.t a di.tanoe of 219.7 f..t fro~ the inters..ct10n of the W.st line of said Lot 167 extended wi th the South line of Section 34, TOWllship 117, Ranp 23, according to the plat th81'80f on file or of record 111 the office of the Reghter of Deed. in and for add ColDlty, lying Southwe8terly of II line described &II follo' Co_neing at the SoUthMst coMl"r of the South- v.st quarter of Section 34, Tow.hip 117 Ilorth, Range 23 West of the 5th Principe1 Meridian; thence Weet on II 11ne vtrleh if extended VClulil intersect the South_st eo1'Der of .aid Southveet quarter a distance of 426.34 feet to the, poInt 0 beg1.nninl! of the line being de.cribed; th.n~ de, f1e~1ng right 63036')8" to the Northwesterly rlght-of-VIIY line of state Trunk Highwy !Ie. 7, and there end1nl!; 1:2 1li ~ GORIXlN R. COPFIll CO.; DC: . ~~~(,<<; Gordon R. Coffin Rel!. . 4 Mark S. Gronberl Reg. 110.12755 ".._.II ..._...__... ..._.' M___..._ . , y'. , . . t - /0- ,(0/ i ~a /I'!;1/~~. /k~7r-vt-'--tl ~ ~ _.....~~....-cl O~7~ ~~ q-~ ~--.. t,,/~tJ ~ kNd ~ Ckt"".c.4 ~ J"X,eeW7ZJ'/./ A/AJ; -o4d~~~~~. ,40~~(Jrt;~~ + !4J~~~i~..~" 4sr fa- ~~<4<-~ i ~~ s/.-# & i.___ ~ &tL /~ea M' _ . - ~I J / (,'~~~ ~-&,w ~..d--- ~ ;;?;;~it:;:; AI ~*'. ~~~ I r E.,xhi bi t :D PROPOSED KAINTENANCE AGREE!l1ENT . . TRIVESCO 18338 MINNETONKA BOULEVARD Wayzata, Minnesota 55391 August 20, 1984 The undersigned requests the city of Shorewood to include the costs of the grading project for the streets and necessary site grading per plans and specifications as prepared by Sc.hQell and Madson, for the first phase of the plat of Waterford, in the bond funding program with the water, sewer, storm sewer, and street surface project as designed by Orr-Schelen, Mayeron. TRIVESCO /~-? ! /' ,- /1 tl!e t ?/c /-cr ~/1'u/ :r/7C2 ..C. ./ / ? Paul N. Steiner Partner j{).6 . . ~ I LEGAL NOTICE , PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that thE City Council of tt.E~ City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood Cit} Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday ,~':, OJ: as sc,cn thereafter. as possible. The pur;>ose of the Hearing is to consider a request by Pamela Kizer for a setback variance on property located at 21115 Christmas Lane, said property legally described as: "Tract A, except that part thereof lying easterly of Tract A, R.L.S. No. 945 and northerly of a line running south 70 degrees, 48 minutes,24 seconds west from the angle point in north line of Tract A, R.L.S. No. 1237, formed Of the intersection of lines having bearings of south 34 degrees, 13 minutes east and north 74 degrees, 34 minutes east." PID# 35-117-23-44-0004 Oral and written comments will be considered at that time. NOTE: The request will also be considered by the Shorewood Planning Commission on Tuesday, 10 July 1984, in the Council Chambers of City Hall. All interested parties are encouraged to attend. City of Shorewood SANDRA KENNELLY City Clerk To be published 2 July 1984. /1 . . MAYOR Robert Rascop COUNCI L Jan. Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 26 JUNE 1984 RE: KIZER, PAM - SETBACK VARIANCE FILE NO.: 405 (84.15) BACKGROUND Ms. Pamela Kizer, 21115 Christmas Lane, (see Site Location map, Exhibit A, attached), has requested a setback variance to build a boathouse within the required 50 foot setback from the shoreline of Christmas Lake. The applicant's request is explained in her letter, dated 31 May 1984 (see Exhibit B, attached). The proposed boathouse would replace an existing metal shed currently located near the shoreline. The property is located in the R-1, Single Family Residence District. ANALYSIS/RECOMMENDATION As proposed, the request involves two variances. First is the setback variance from the shoreline. Second, if the gazebo is added later on, it exceeds the 15 foot height limitation for accessory structures. Based upon the requirements of the Shorewood Zoning Ordinance and statutory requirements relative to variances, the variances are not considered justified. Specifically, the request fails to meet two of the three criteria for variance approval contained in Section 6, Subdivision 2C. of the Zoning Ordinance. a. Reasonable use. Based upon this requirement, any lake shore home without a boathouse near the shoreline would be unable to yield a reasonable return. Lakeshore property values indicate otherwise. b. Uniqueness. Although topography has been cited as one reason for the variance request, a considerable amount of Christmas Lake property, particularly on the east side of the lake has even more severe topography. The same is true of portions of Lake Minnetonka. A Residential Community on Lake Minnetonka's South Shore /1 . . MEMO FROM THE PLANNER KIZER, PAM - SETBACK VARIANCE 26 JUNE 1984 Page Two If the City feels the request is reasonable, despite its failure to meet the requirements for variance, it is suggested that the City consider amending the Zoning Ordinance to allow boathouses near the shoreline. It should be noted that this would represent a significant change in policy. The issue has been discussed in the City's study of the new Zoning Ordinance. Shore land management regulations contained therein originally provided for boathouses to be located near the shore- line. The City specifically removed that provision, choosing to maintain the existing requirement. Unless the City amends the Ordinance to provide the same right for all property owners, it. is suggested that the applicant place the new building no closer than 50 feet from the shoreline. The building should also be constructed in compliance with the 15 foot height limitation specified in the Zoning Ordinance. BJN:pr cc: Sandy Kennelly Gary Larson Jim Norton Pamela Kizer Sue Niccum '7 - . " 5''1 ~ :) ~i) 1i84---- I ._" I\~ I 0 ~. r\ . :Cl! S I ~ N.n~ :} IU "'~ u.J'.i..".T--M__ A~h_I~-~.--. "'7'.~" 1"'44'", 11 n ' / ':;-. {~, ~..... OETAIL OF SOUTH LINE OF "'- ...'".... LOT 188,AUO.SUa.HO.120 . t --- ror cOh1f'/e; flTls h;,e see; V _ No. -1-13737 Lo.~' . DETJ \11 6Q'io ~ 185 ~~) f,~?{} ~l/":, .....~,. -t ....D\-- _ _ ~ I I I . ~ \ "::10:>' (1,.1 0 \: (pOY 170 j .\....... VI) 74 c (1,) ~ J.L.M, - 'l. ~ J~. H H 11I.lI :lLl"I I;) '" "\ ~ ll~) '" ~ ~ !Asr ~/3 ~I 143 (?) .3 (8) ,0'0 37368 -- ~ ff' .,; . r- , . ~ / ): Il.'" "..... (~ ':1;) 'y' Exhibit A SITE LOCATION Kizer setback variance ( 'It..~ I (44). . Exhibit B APPLICANT'S REQUEST LETTER . -l/./'/~ / N~ /VisA -h r-rjJ k,t"t- a. sf;'<'-::5~ ..s~ Itlea-f-cd ..~~ oLA r /t:tK.eS'~~ %.5 sAd tv)9.$ /Xr-e W he.-/) (,JI o!... jJ u1,d ~ cd -f&. p~1y anet /-1-;5 1)~<!essCL"f ~ A,z()G j 0:::-/4;:1 S 10 IL 15 ~ c/Owl1 ,6'1 He.. I q ~ r::- f r r>10!oilS/ ~.s C! Cl175 ce /1 ct I)t>W a... tv il1cl Surk ~//JI e ; I- /.5 a. r...rk~r , c5'Jc0 c! /;/nLJ :10 Oar ~c:>, "..9.f ~/cf( c.16'/l Jcc- /rom fJ#gm~"f5 Td- I a'~ U,2/ M;5 sl>edY a;o~Cc:1ro/lC:c t5' nd- Il.c.rr d'e$/nzdle a /7<< -/he- i /)3/ck.t ~~c/n_.Y' /-;) L;' c" I}c; ,"ton k;-. .5/)(/ K:.c 5 /~ i=.oe- ~ ~ p'~ c- I I'J J t' lice.. -!h<-Jre.. / S ") no .;:( cc~ .- j/.t ,;/c~/G ~ r<f} /rtC~ ; I cv;,LA d new (Ju; (efl /75 Q nd -Me." '-t:>t::- y,<. a/ ct 5 c<. A qsc~ Ihr Q 'ifOze.60. ~~ JoS'f- oil bur 5' I\",de- (Qf,L ~)/)*/- h),c/l tc~ ~ cd /0 -k!e.- dotu/l tL5'I'l?-J'K) 0 Iff ~!rr, cJ/Jd a SMq/kJ-CY)C- /);::-,,1 :kIf. .r !)dL-'< mUI-h'fJ/'{. Jc/<.r?2Ji'5 c-t/JJ w;!! /Jo/-.)-t a.6)-t.- ..5'/' r cloc(/) .t6f Me- /4 ~ tv; ~O!<'~ g~ qde. ., !D~ 5" //'-. ~s fJrq/ crlC/olU- /Cil)c! CO!>4Iclv-a:h' Oh 'fm ~-c.J/I ~/. /1<5''1, ~O/h Ie Lfor./} ftvn,~ I~~ Chr',.stMo.? L~4. ,. .'\ 1-.-, _~'''' _ ......... "'-..)"vi I"J~JCJ"I 'J ,~ 'f " (-' -. ... .-t' . ". '. , "", .-( '. Il . r,...,." ('.- - , ) ~. Nofth I I".:: 40 . , ~ - ..' '.- ... - -\ . c: :... - . _.1"'. Jr':!:~,:';; ~-" , . : . '. '-' .," I --..:~ . ',' '~__, . \ ' Lt ~~, ", n . 1 bo4th, O~~ rr1'O!7t.o , " ' ' "- . .,' -*- - ...... --'~-_4...... /') -'. ' c._ r" .. ..... " '::! ,..I ..1 ~ o 6 .~:) - ) ~\ ~'~f. "j hou;~ (-- (: ~ h.... X"..../ :..:J.: /"~ .,.~..... ~ ;".....,1 , '-., r-. ~" .. x/_j ~" '-2-~ \ . ~..\.. ~.~ n' .f': ~r. ~7" ~ /. (T 8 . - . _J r 9c ",/ .c;~~ (J \.:, ..... -, <, ,l), ., : -.<' '. / ~o. ' o Exhibit C THOUSE LOCATION PROPOSED BOA >.?- . --""" ',",-", " ~ .....0 ~ \;::-.. ,I" \\ ~ (.., .. --~. -...... , ~ ..,.. - ...- ....-.-.... , -'. '-I \, 0/) : o 'r-~ .....-. .r --.- "- --+- ............. ~ , ... " ,'" -4-' 0 '- Q " " f' , , " '" , \ \ '.._~ '. ~ :._~._-~~~':.-~. i II i' I' " . . , ~ " ~-- o o " . i' J --- ? ._ _~!il' ......... ....- I I ~. 2 lJl - 14 .c o I ~ [~~~ ~ (!.j ! ' .L._.... .1--- .- Exhibit D BOATHOUSE/GAZEBO ELEVATION , ......"",.-..---.., ! I~ t(~ v- ';'" ::..: . o "it 1 ~ o III W II o ( '2 ~ D J ~ 5 h. ).l ~ II- !ll, l; ~'--.. <l !II ~ ~ r- II! V1 '" ( /- 0 ,. ul (l \II lG"";J 16 ~ ... ul .;.. e o "t ~ B ~ ~ ;..I III I' . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Sh0re~00d will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Countyy Club Road, Shorewood, Minnesota, on Monday, 23 July, 1984 at 8:15 P.M., or as soon thereafter as possible. The purpose of the hearing is to consider a request by James Heiland for a simple subdivision and lot width variance on property located at 25605 Smithtown Road, said property d~scribed as: . "Lots 99, 100 and east 97 feet of Lot 101, Auditor's Subdivision No. 133 and that part of east 316.3 feet of southeast 1/4 of northeast 1/4 of Section 32 and that part of southwest 1/4 of northwest 1/4, Section 33, Township 117, Range 23, describE'~ as beginning at the intersection of east line of Section 32 and southerly right-of-way line of Chicago and Northwest Railroad; then north 48 degrees, 54 minutes, 34 seconds east distanCE 45.19 feet to south line of Smithtown Road; then north 75 degrees, 05 minutes, 26 secor.ds west along last said south line distance 30.15 feet to a line drawn parallel with and 25 feet southeastly of center line of said Roalroad; then south 48 degrees, 54 mlnutes, 34 seconds west along said parallel line distance 425.01 feet to west line of east 316.3 feet of Section 32; then south 0 degrees, 10 minutes, 04 seconds east parallel with east line of S~ction 32, distance 33.09 feet to south line of said Railroad right-of-way; then northeasterly along last said south line 418.35 feet to point of beginning." PID# 32-117-23-14-0042 Oral and written comments will be considered at that time. NOTE: The request will also be considered by the Shorewood Planning Commission on Tuesday, 10 July 1984, in the Council Chambers of City Hall. All interested parties are encouraged to attend. City of Shorewood SANDRA KENNELLY City Clerk To be published 2 July, 1984. J~ MEMORANDUM TO: . . MAYOR Robert Rascop COUNCIL Jan Haugett Tad Shaw Alexander Leonardo R?bert Gagne ADMINISTRATOR Doug Uhrhammer:, CITY OF SHOREWOOD, 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331' . (612) 474-3236:, FROM: BRAD NIELSEN PLANNING COMMISSION, MAYOR AND CITY COUNCIL DATE: 28 JUNE 1984 RE: HEILAND, JAMES - SUBDIVISION AND LOT WIDTH VARIANCE .. FILE NO.: 405 (84.17) BACKGROUND Mr. James Heiland proposes to divide his property located at 25605 Smithtown Rd. (see Site Location map, Exhibit A, attached). As shown on Exhibit B, he intends to divide the property into three parcels. The property contains approximately 5.4 acres in total. The existing house and 1.6 acres are to be sold. The northernmost 5800 square feet is left as an outlot to be combined with the property to the north on which his auto repair business is located. He intends to keep the remaining 3.7 acres and build a new home in the southwest corner. The property has only 25 feet of frontage on Smithtown Road. As a consequence neither the 1.6 acre lot or the remaining 3.7 acres have adequate frontage on a public street. The applicant has shown a 50 foot strip of land as access for the rear of the property. To do so requires a lot width variance. ANALYSIS/RECOMMENDATION The City has processed requests similar to Mr. Heiland's in the past (e.g., Bay Park Addition, Oak Ridge States Third Addition, Of stead Simple Subdivision, etc.). The policy which has been established is that where a home exists on a large parcel of land, a simple subdivision will be allowed as long as access is maintained to all property and provided it can be demonstrated that the division will not adversely affect the future development of the property. Following are issues which should be considered in evaluating Mr. Heiland's request. 1. Zoning. The property is zoned R-2, with the exception of the easternmost 68 feet which is zoned R-l. It. should be. realized that this will result in the house lot and any future lots along the east side' of the property; .' being divide-d between two zoning: districts. This is not considered a problem since the house lot well. exceeds the requirements for. even an district. It is suggested that the zoning boundaries be left as is unt the new Zoning Ordinance and Zoning Map are adopted'. At that. time, the boundaries should be adjusted to include all of the property in the R-2 District. A Residential Community on Lake Minnetonka's South Shore I~ '* " . MEMO F~THE PLANNER HEILAND, JAMES-SUBD. & LOT WIDTH VAR. 28 JUNE 1984 Page. Two 2. Access.,," Despite the lack of frontage on Smithtown Road, the applicant's subdivi.s.ion\hasprovided;~50 foot strip to be used for future access the. r o.~;thepropext~!!iiJ;.It. is recommended that. this be treated as pubU, . .......)~""of,...way)iin)terma:'?of\ buildingt setbacks", That way,., wheR!; remain:[n~ipropert1; is. de'Veloped and a road is put in,. the not., bft.~~~f:.~nformins~;;; 3. Future Development. Consistent with past similar requests, it is recommend- ed that a resubdivision sketch be recorded with the subdivision. Mr. Heiland has provided three alternative ways (Exhibits C-E) the southerly 3.7 acres could be developed. These should be incorporated into a development agreement between the applicant and the City as a guideline for future development. The development agreement should also stipulate that any future subdivision of the 3.7 acres will be platted in accordance with the Shorewood Subdivision Ordinance. 4. Outlot. The northernmost 5800 square feet is being left as a remnant parcel. The applicant's intention is to combine it with the property on which his auto repair business is located in order to make that property 20,000 square feet in area. The City will have to decide whether or not to adjust the C-2 district boundary to include the 5800 square feet or leave the resulting parcel divided between the R-2 and C-2 districts. Given the City's decision not to rezone the C-2 parcel to residential, it may be reasonable to bring it into compliance with C-2 standards by increasing its size. 5. Existing Buildings. As shown on Exhibit B, there are three existing acces~- sory buildings on the 3.7 acre parcel. Once the property is divided, these buildings become nonconforming uses, since there will be no principal structure on that lot. Mr. Heiland has requested a variance to allow him to keep the buildings for storage purposes until he is able to build his new home on the lot. If this is allowed, it is recommended that the variance only extend for one year. If a building permit has not been applied for by that time the buildings must be removed. 6. Drainage and Utility Easements. If the division is approved, easements for drainage and utilities should be provided around each parcel. Based upon the preceding comments, it is recommended that the subdivision and variances be granted subject to the conditions 'listed herein being included in a development agreement between the City and the owner. The applicant should have a new survey prepared, containing new legal descriptions for the three parcels and combining the 5800 square feet with his business property. Once the development agreement is-completed and signed, it should be recorded with the subdivision within 30 days. BJN:pr cc: Sandy Gary Larson Jim Norton Jim.Heiland; .'fi,: w I o~ I I ~ ! :, ~Gi LA. I I '/ (.;;0; S . _~ : tiEI-SINE.QR. / V ~. ~~: ~l -i S~NY~LELA_ : ~~Ji ____um! ROSE \ i L~'!: P" 2i . I I II ___/ 8 : I I I I ; : ,-- 7 ~ ' ~ , I I I I I W <.9 I ~r-~ I ~ I ":.\-' - V : : "-I.!.'-_ ~ : ~ %_ V : : e- -~ I ~__ I _\_ % ./ . I : ___~\\-r. 'i / i ! - ~ / ;:- ~ I ~~ WOOD CIR $ VALLEY WOOD - . ---- .--J ~ -n- ~MITHTOWN ~ '" V 1711 ~. ~~. l. . ^ IJ. . ~ TT II II a:~ l- oll II o~ ~<:;j o~ G ----- " I I I I - - - - I I I I I I I I MANN LA. - ~ 'St-f$ ~o ~v ~ f(~~r(\~~ tarl'- ~ - - .. [ r------- .... .._.... ............. .........L~.__ ---- . .... '.. -- ~"-'~ 4: : Z r::i : ~ ," a: : 4: :;) I W W -______._____.0 ___ Exhibit A SITE LOCATION Heiland - Subdivision and variance I I /' (/'\)< (': \,j ~ " ,",..J '\ \ '\ ....0=')\ (:j\ r \h ~ <.l ~/.d;;-"''":-''''-'':....'''- - 144 ;; m-;...~ ; . ~ ~ t ~+. C"~ <0.... ,. C?:> /etI.t I;~ of ... ",on.....::."."on ,. ..... . - ~ NOC"J/'/7"W 24918 :..... ;:.:::: .... . :-'.::. .. . ~ -. ..' .... .....~ :~- ..... .... ". ,,:::~~ - 8 c;':, Y .' <IS i',"'''''' j:::. ;~~f.;j .....~ ," . . , ..':,... .... . " ". . ,', . .. ...20 I:! ..... " " . '" II 40 - ~-=-.;~----- ~ . If T ~ ~ 1 ~ Q.: < -- \). 36 . . fill 1ft .. '1 .... ..... "" "..;..._~,-......' _....._.............~- ., ,', .: t:J ,)t)l 'c ... : .,.J"'; .,. . .., "'P t."JerJ ,.,.,,,.,*...c--,',:,\~ ...._.__.,,,.~w ,"~.;:..... 'HOISIAIasnsau 'IViIlI.LN:3lLOd o ~1=q1=tpq[ SD', ..' (L", , ...tP . I I I I I I ~I.l.Q i -\ I ..., ,.... ...... .: . I',.:;'.! ~~:. ;::.. i I -- tl' ~ I .J..~;'..'S'..J:t. .. I'~"III""DUI 1111/10;) IIId.UU '.:;' ..~~ ~tI 'f/lttJ. 'Zk' ,e' I ,0 .au,oJ' JIIIJD': ,..,. L (-,.1.Q.., 1 ; ,. .'. \ i : ~ ,... ~ ., .101 '"'"" ,5' h ... ~ ~ i" . o ... r- ~ I I /\///f .t.."'!.:.'\ :<] :~} (i .S' .. -'"I ,:3 , ) F.L 01 J 00/ /0/ _.OSI'" " [--] [-J , -, ,dUv"-;- I U II.."'U~:.J- 01 I . P5~ 1 I I 21 -;\ I l..Q, I I .1 I I I I I ., t. , A '" ... 0 cD ... .. SO...,. ~ " .. .... . . . . ..... ... . ...: ... ~:: :~.:/f.}.:.:! I 1 I (/7' Ji r-.,. 'Tl . " I~o I L_l -l "0 ~og -) ", J..oe-oti9;; ~.~,~ .~ :!t' ,.... ~.'i ~ ~ '- L I~ I I I ~.d. I . ,h,rAe.. n I ~ '''''PI.' . I [--] ~ [ --~] I ~, It> '_ If, r' ~t '" < 99 (" I " I l - ~ ...t ... 0 ,~ I . ~ ... ... .. '" . a & r · .. ... " . ~ .. I .. J' 'I r ,rrf\,l " . ~50~ lr:-~ I' . .L~ It 15~ II, I I '0" '\ :", :.., .' .. . . ..... C.O'T'I' I I I I '!> ... ~ '. t 1 I 1 I .S'!) ("I> .:.....!...:l j ()/\! I I I I I I. ~T f I I /01 /00 /7(> I I I I I I I I Exhibit D POTENTIAL RESUBDIVISION .,'''';{ -'i ..... , ... -... ::.:. f....:'j'.,; ,~~::. . .()" ." , . '" '! " ; ?' ;. ;: '" ;: F 'J,,:I ':JIJOf'Cr c:",ni.,. 0' ;;.:c ';', r""p. 1/7, ".~" .:.1 I '1. ';,'/".1 r.(tfJn'l ,,.cnJm,-,,' . . ~ ~:cr-~ i ;j: t _~ . tJ 1.+ ^' c... ~ -; 8~C4,)'r{ '.'. _ !)C tV) f7~t:~ ... ..", -, (- 50-? r 1--, II oct! Iri . L_J I t '5lJ It L " I~ I I I ~'d. I . ,""ten n I [~- rps [' --J -- - t~1 '" - ~I.r.' W) ~ .... < 99 c, 1 ..... . .., -, . ... . /,':. :..,: /"'~' ,'.. '0.. " ."1, ." : .' .. : ,,' 0) ~ ,." .. , , ;. /01 I I'~ I~ I/. I I I LDTil I I ... r - ( ~ ~ 100 .. I I .:::.~;. /./E) r.:. . .';,....l f()/,\i ): ; ;; ~ I I L. 0 r; '}- I <; -J .... " I . ~ " . . ~ f I 'I I I.. ,." '" -, r, , ---.__..~----->..~~~--_._----- - . " " n .. l' ~ t'\ .J,. J;:dT3 . . .... I I I I I I I I I . .0-, ..... . ,0, .... .: ....: '.0" r <}:., ~:Jor'e' C~'"6" 0' "'C 32, Twp 1/7, klJe . ',1 ''''(nnlJp,n City"'1 m0l1um,,111 ..r '''.1,' '.~ '9'" t o#JI.." . . os ~~';'; l1'" ~ - .- J~O_l~~~I':I:":"L =-q3lJ3~~Ii..I~;nOlT ...... ~__'''' ", .... .._,_' ,..._ r' ... __7- ..-------,......... _...~_....".. ...... 1(1(1 ~ I 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, Shorewocd, Minnesota, on Monday, , or as soon thereafter as possible. The purpose of the Hearing is to consider a request by Irma French for a lot area variance on property located at 23825 Smithtown Road, said property le~ally described as: "Commencing at a point on west line of Lot 3, Block 1, Minnetonka Hills First Addition, extended distance 15 feet north from northwest corner thereof; thence northwesterly to a point on east line of Minnetonka Drive, distance 60 feet north along said road line from its intersection with north line of said Lot 3 extended west, thence north along east line of Minnetcnka Drive to south line of Smithtown Road; thence east along said Smithtown Road to west line of said Lot 3 extended north, thence south to beginning." PID# 34-117-23-23-0004 r Oral and written comments will be considered at that time. NOTE: The request will also be considered by the Shorewood Planning Commission on Tuesday, 10 July 1984, in the Council Chambers of City Hall. All interested parties are encouraged to attend. City of Shorewocd SANDRA KENNELLY City Clerk To be published 2 July 1984. 8 . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 26 JUNE 1984 RE: FRENCH, IRMA - SIMPLE SUBDIVISION/LOT AREA VARIANCE FILE NO.: 405 (84.19) BACKGROUND Ms. Judi Sellnow representing Irma French, has requested a simple subdivision of her property located at 23825 Smithtown Road (see Site Location map, Exhibit A, attached). Since the property contains only 39,000 square feet of area and the R-3 District in which the property is located requires 20,000 square feet, the division also requires an area variance of 1,000 square feet. Exhibit B is a memorandum from Ms. Sellnow. Exhibit C contains a survey of the property showing the proposed division. ANALYSIS/RECOMMENDATION There is some basis for granting the requested lot area variance. When divided between the two lots the variance amounts to 2.5 percent. As can be seen on Exhibit A, the existing lot is considerably larger than most lots around it. Finally it should be realized that Minnetonka Drive, which borders the property on the west, is 10 feet wider than a standard local street. While it is not suggested that five feet be vacated, the extra right-of-way width provides 775 square feet of open space which partly compensates for the 1,000 square foot variance. Of greater concern than the variance is the creation of another driveway on County Road 19. In a brief discussion with a County engineer he expressed some concern over direct property access at this location. Mrs. French has agreed to a solution to this problem. A 20 foot driveway easement would be provided across the southern portion of the westerly lot, giving the easterly lot access to Minnetonka Drive. \ It is suggested that the subdivision and variance be recommended for approval by the City Council, subject to the limitation that access to the easterly lot be via an easement to Minnetonka Drive. cc: Sandy Kennelly Gary Larson Jim Norton Irma French Judi Se llnow Sue Niccum A Residential Community on Lake Minnetonka's South Shore /6 '" ~ 0- r--. c::i <J\ !W\ N - -_/'---- , -r(~~-I :' I () I ) ~\ ~ I \ ~, <::s , f{-~J d' Cl. /1 ,-", r / I / I \. I \....... ~~ 1-\ ~ : ::)i\t~J~' I/:sZeJi I I.: I ~\~.. I I Ie? r I 292 ~ m. I I -T"+ -/- - , A_ r I -~ 1 L- 1500*~ I .~. , , ;. , " I ,. I I ~~O I I \ ~?O' ')?-)Dt I ';~y~/\l 0 6 -=j / ./ I~-.- - . -WE-S- '" (10) 'it;L~; . J..: ,'" ., t ,:_,_' 't', g :: ~" 1-, Uc:,.~,::, :' :::> ." . 0::1,.:.. I s. (;;;') t '. .I' ~. (;- r.2_ 01 .J' -..-5" 00 >S)1.)2 , , :;'~:J .r ..: 5'7.;;>~ \ " -- ',Ii ~..("'O ; )<1 j.. .......,....-..- C ..: ~ Exhibit A SITE LOCATION French - simple subdivision adn and variance :0 -,a - .:..- .... '" ~ , "" .~ - .J :) ~ -. RECOfi ....... ../ THE REASONS FOR APPLICATION BEING: 1. A FINANCIAL HARDSHIP ON THE OWNER: A. MRS. IRMA FRENCH IS ON A LIMITED INCOME AND CANNOT MEET EXPENSES B. MONEY REALIZED FROM THE SALE OF THE PROPOSED SUBDIVISION IS NEEDED FOR MRS. FRENCHS NECCESSARY LIVING EXPENSES. C. THE PROPOSED SUBDIVISION WOULD THEN ALSO REDUCE MRS. FRENCHS PROPERTY TAXES, MAKING IT EASIER FOR HER TO MEET EXPENSES. 2. MAKING BETTER USE OF VACANT PROPERTY: A. PROVIDING HOUSING B. IMPROVING QUALITY AND CHARACTER' OF THE NEIGHBORHOOD IN MAKING APPLICATION, I FEEL THAT EVEN THOUGH THE PROPOSED SUBDIVISION IS 1,000. SQ. FT. LESS THAN REQUIRED BY SHOREWOOD ZONING ORDINANCES, THE PLOT STILL COMPLIES WITH THE RESTRICTIONS SET FORTH IN SECTION 26-TABULATION OF DIMENSIONAL AND SPECIAL REQUIREMENTS (SEE ATTACHED FORM). ACCORDING TO NO. 2 C&D ON THIS TABLE, LOT WIDTH AT BUILDING LINE (MI~IMUM FRONTAGE) IS 100 FT. ACCORDING TO THE SURVEY THAT SECTION IS 100 FT. AND THEREFORE IS IN COMPLIANCE, AS IS THE LOT DEPTH (MINIMUM) OF 120 FT. THIS LOT WILL HAVE MUCH MORE. THE ENTIRE LOT IS CURRENTLY ZONED R-" WHICH MEANS IT IS SUITABLE FOR A TWO FAMILY DWELLING WHICH REQUIRES ONLY 30,000 SQ. FT. IF TWO FAMILIES CAN OCCUPY 30,000 sQ. FT. THEN THEORETICALLY ONE FAMILY SHOULD BE ABLE TO OCCUpy 15,000. SQ. FT. AND WE WOULD HAVE 19,000 SQ. FT. ADDENDUMS ATTACHED ARE: A. SURVEY OF PROPERTY BY GORDON R. COFFIN CO., INC. B. PROPERTY DESCRIPTION OF THE NEWLY CREATED LOTS. C. SUBDIVISION 2 VARIANCES PG. 6 D. SECTION 26 TABLE IN THE EVENT THAT APPROVAL FOR THIS SUBDIVISION AND VARIANCE IS NOT GIVEN WE REQUEST THAT ALL UNUSED MONIES BE RETURNED TO THE OWNER. Exhibit B APPLICAlfl'S RE~UEST LETTER ~dintJ R@oltv ~ /' . tlotth I"=~' . ~rt~ -r dLl", - -i " ~~J.'5 ~~\+~-'(bWY\ Rd., Sketch tor Mrs. Irm French in Lot 184, Auditor's Subdivision No. Hennepin Count)-, Minne.ota 135 ------- ~- I I I I I i I I ~ I .. I ~ I I I , I i I I I ~ i ~ I .~ I ~ I ''=:: ~ I I '0" f I I Seales Iate t S",dlrfot:m fi&Jd "7~ 52825 .. ,str I I f--- - - . . . . . . IDC" . - . . . . - - .. , I . . . . 60" .~ ~ c:s ~ooa~ Slfll *'4' I 2$.. ,p.;.iC .! Si2.~"". /J',C.:h.... ! S~.':T. ,. .. / . . , L~ "". ~ Ol) ~ '" '" A E"5f,'nf, u_~t1,..par" / ''II ,..; ~ [t161 /'n~ of lof 14' ~Jc'~ ~ ''''L' . - .~. S'Z~.%s \ .: (" .. / I z:Js.~ ' J-: S! UJrIf<<.r" ..I ~ Lol- l~' --'" 1- = 50' 3-1-84 Gordon R. Coffin Co., Ine. Engineers & Land Surveyors Long Lake, Minnesota Exhibit C PROPERTY SURVEY Shows proposed division . . 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, , or as soon thereafter as possible. Tte purpose of the Hearing is to consider a request by Thomas Doherty for a setback variance on property located at 20375 Manor Road, said property legally described as: "That part of Lot 49 lying northerly of a line running east at right angles from a point in west lin~ of said lot distance 561 feet north from southwest corner thereof to west line of Lot 50." ~ PID# 25-117-23-31-0011 Oral and written comments will be considered at that time. NOTE: The request will also be considered by the Shorewood Planning Commission on Tuesday, 10 July 1984, in the Council Chambers of City Hall. All interested parties are encouraged to attend. City of Shorewood SANDRA KENNELLY City Clerk To be publishe~ 2 July 1984 If . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 26 June 1984 RE: Doherty, Thomas - Setback variance FILE NO.: 405 (84.18) BACKGROUND Mr. Thomas Doherty has requested a setback variance to build a swimming pool on his property, located at 20375 Manor Road (see Site Location map, Exhibit A, attached). The property is located in the R-1 zoning district which requires a 50 foot setback from the street right-of-way. The prop- erty fronts on Manor Road and also abuts Gardendale Road, a platted, undeveloped right-of-way. The applicant wishes to build the pool closer to Gardendale Road than 50', thus the need for the variance. ANALYSIS/RECOMMENDATION Exhibit B shows the applicant's proposed site plan. As shown, the exist- ing house is approximately four feet from the Gardendale Road r.o.w. and the proposed pool is eight feet from the r.o.w. Not only does this not comply with the 50 foot setback requirement, it doesn't even meet the 10 foot side yard setback for lots which do not abut a street. A variance requires that the applicant demonstrate that a hardship will be created if the variance is not granted. State statutes contain three basic criteria for granting variances: 1) the situation requiring the variance must be unique to the property and not applicable to other property in the same zoning district; 2) the situation can not be some- thing which has been caused by the owner of the property; and 3) the applicant can not make reasonable use of his property unless the variance is granted. Based upon these requirements, it should be realized that a variance for a swimming pool is very difficult to justify by either Zoning Ordinance or statutory criteria. A Residential Community on Lake Minnetonka's South Shore /'1 . . PLANNER'S MEMO 26 JUNE 1984 Page Two In evaluating the request, the City should consider the future of Gardendale Road. Despite the substandard 30 foot r.o.w. there is potential use for the street. It serves as a future access location for property to the south and west of the applicant's property. Consequently, while vacation of the r.o.w. would resolve the applicant's problem, it would be inadvisable from a planning perspective. There is one factor which suggests that some variance may be justified. Despite its larger size, the property has relatively little buildable area due to steep slopes and a large ponding area to the east. This is illustrated on Exhibit C, attached. The approximate location of Gardendale Road is shown relative to site topography. The shaded area on the graphic shows that the 50 foot setback virtually wipes out the buildable area. If this is considered grounds for a variance, the Zoning Ordinance requires that the variance be as minimal as possible. In this respect it is felt that a pool could be located between the house and the old storage shed requiring less of a variance. The how the pool could be located while at least a 25 foot setback. This is what is recommended if a is to cc: Sandy Kennelly Gary Larson Jim Norton Thomas Doherty Sue Niccum I . . I DEE . . ,~ . .Nott'h ,"-400' D ~CELS\OR .. /:J( tl." \\ ...ri 1" .- Exhibit A SITE LOCATION .Doherty - setback va . r~ance I \ \ " " ~-- , 31VM \..-",Kt.- t..~"(t r.::.v (f"GCf \, ~~) ~,(t,~ 50 ~e "e~t'eJ. ~tt~(~e. ,'" fOOl l~tiorJ Exhibit C SITE TOPOGRAPHY 50 foot setback shown shaded L'f'{;6 , . Notth \"~ !o' ,11/(! , ~--... s'l2f GAt2PEIJ ~ " fitAD I (f}6EM&l7) . ( ~ ~'MMIt-lS R:;6L. 'eJ\1E- ~j.~ "2.0'6 is M8~r ~ 5h:reo.:arl . In<l '"3<;;62. ! -I I Exhibi t B APPLICANT'S SITE PLAN .. ' " MEMORANDUM TO: FROM: DATE: RE: FILE NO. . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MAYOR AND CITY COUNCIL BRAD NIELSEN/DAN VOGT/JIM NORTON 20 JULY 1984 TRIVESCO - PROJECT STATUS AND REVIEW TIMETABLE 405 (84.05) Based upon the Trivesco partnership's desire to begin construction on the first phase (single family portion) of their project in the fall of 1984, the following schedule of events is proposed: July 23: Environmental Assessment Worksheet (E.A.W.) is submitted to Environmental Quality Board (E.Q.B.). City Council review of plans and specifications for streets and utilities; authorization to advertise for bids (requires three weeks advertisement prior to opening of bids). Note: While it is somewhat unconventional to advertise for con- struction bids prior to approval of a preliminary plat, the City Engineer advises that the City is not committed in any way until contracts are awarded. This will not take place until after the mandatory 30 day comment period for the E.A.W. has been completed. The City Engineer will be pre- pared to discuss plans and specifications at the meeting. July 30: Notice of E.A.W. availability is published in the E.Q.B. Monitor. This triggers a mandatory 30 day comment period prior to final determination on the need for an Environ- mental Impact Statement (E.I.S.). Notice is also published in the local newspaper. i Aug. 7: Planning Commission meeting* - review of development stage for the first phase of the P.U.D. including preliminary plat and E.A.W. . A Residential Community on Lake Minnetonka's South Shore IS- . MEMORANDU~ 20 JULY 1984 TRIVESCO - PROJECT STATUS REVIEW TIMETABLE page two Aug. 13: City Council meeting* - assuming Planning Commission approval, Council reviews preliminary plat and E.A.W. Council receives and reviews final feasibility report on trunk water facilities for southeast area. Aug. 24: Earliest date for opening of bids. Aug. 29: End of 30 day comment period for E.A.W. - assuming no environ- mental problems, this may require a special Council meeting to make a negative declaration for an E.I.S., approve grading per- mits, and award construction contracts. *It should be noted that the Planning Commission has a study session on 21 August and the Council has a second meeting on 27 August. If there are any questions relative to the project or the rewiew process, please do not hesitate to contact any of the City staff. BJN:sn cc: Planning Commission Paul Steiner John Uban . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD e SHOREWOOD, MINNESOTA 55331 e(612) 474-3236 TO: MAYOR AND CITY COUNCIL FROM: DAN VOGT DATE: JULY 20, 1984 RE: SEARCH FOR NEW CITY ASSESSOR To date the City has received three (3) proposals to perform our assessing services for the upcoming year. According to people in the assessing profession, the position must be filled by September 1 at the latest in order to properly complete assessing for 1985. Proposals have been received from two people who are certified assessors in the State of Minnesota, and one who is accredited as an assessor. Sandy discussed the distinction with another assessor and found that the Legislature may act to require assessors to continue their education to attain accreditation. The comment was made that if one proposal is from a certified assessor and one proposal is from an accredited assessor, that the choice should clearly be the accredited assessor because of the proposed legislative action. I need to know if you would like more proposals or if the three are sufficient. I feel that two of the three proposals are excellent. If the three proposals are sufficient, how would you like to handle interviews? Action regarding the appointment of a new assessor should take place as soon as possible in order for this person to begin work for the 1985 assessment year. A Residential Community on Lake Minnetonka's South Shore /0 CtrY OF SHOREWOOD PARK COMMISSION MINUTES MONDAY, JULY 2, 1984 COUNCIL CHAMBERS 5755 COUNTRY CllJB ROAD 7:00 PM MINUTES CAlL TO ORDER Chairman Roger Stein called the meeting to order at 8:20 PM. ROIL CAlL Present: Chairman Roger Stein, Corrmissioners Gordon Lindstrom, Gary Carl, Carol Butterfield, Con Schmid, and Marty Jakel; Deputy Clerk Sue Niccum Absent: Corrmissioner Mari Kooi - ill APPROVAL OF MINUTES Lindstrom moved, Jakel seconded, to approve the Minutes of June 18, 1984, as written. Motion carried unanimously. FESTIVAL OF PARKS Corrmissioner Con Schmid asked that a vote on the Festival be taken, and that it be recorded in the minutes. The following question was asked - "Do you feel the I Shorewood Festival of Parks I should be resumed next year following the format that has existed for the last two years?" An answer was requested from each individual, along with corrments. They answered as follows: Marty Jakel.........no Con Schmid..........no (apodictically) Carol Butterfield...no Roger Stein.........no Gordon Lindstrom... .no (unequivically) Gary Carl...........no The following corrments were also made: - Several Corrmissioners felt that the time spent on the Festival took time away from important Park decisions. - Carol felt there would be value in some kind of a program to educate people about our parks. - Shorewood cannot handle a Festival on their own, because the can I t draw the people. - Gary said, and other Corrmissioners agreed, that he is willing to work on a feasible idea, but not as things now stand. - The possibility of working in unison with surrounding cities on a joint Festival. - Having everYthing in a centralized location. .. PARK CCMMISSION MEEI'ING MONDAY, JULY 2, 1984- page two The Century Club will be continued. BULGEr/FINANCE Finance Director, Ev Beck, was present to give information on finances to the Comnission. _ The cash balance at the end of May, 1984-, was: $63,000 in Park Capital Improvement Fund. _ Revenue sources to Park Capital Improvement Fund: 1. Division Fees 2. Century Club 3. Interest earnings _ Money carmot be moved out of Park Capital Operating Budget. - Budget 1. If you have a budget, you don I t have to get Council permission for every expenditure. 2. It I S a good idea to set up a "five year plan". EXAMPlE: If you set up a plan involving years 85-86-87-87-89, at the end of 85, you would delete 85 and add 90 - at this time you could readjust everything for all five years if desired. 3. Be sure to consider these things on a Project: a. materials b. labor c. Public Works expenses 4. Individual projects can be named and given an individual account #, making it easier to keep track of expenses. 5. The budget runs on a calendar year. Chairman Roger Stein said they will take this information under advisement. FREElvIAN PARK ASPHALT ROAD Gordon Lindstrom moved, Marty Jakel seconded, to recormnend to Council to ask Engineer Norton to obtain bids for 200 feet of paved road (per MnOOI' specs based upon soil class A-6 6" Class 5 1()()% crushed material, 3" 2331 butuminous base, and H." bi turninous wear) plus a gravel road continuing from the end of the ~$phalt to the point where it reconnects with the existing road. Motion carried unanimously. ,. PARK CCMv1ISSION MEETING MONDAY, JULY 2, 1984 page three TONKA MENS CLUB - BAILFIELD - FREEMAN PARK Tony Studer appeared to represent the Tonka Men's Club. They are very interested in putting in a Little League Field somewhere in Freeman Park. They want to represent and support it. Commissioner Lindstrom asked how they would go about it. Tony said start from scratch: level ground, sod, put up fence, etc. Commissioner Carl suggested building the ball field on the site of the existing BMX Track, due to the fact that the rest of the property will be dependent upon the road, and there is not money to build a $160,000 road at this time. Tony said they will provide their own labor, and are willing to spend up to $15,000. They feel the field will only run $10.000, but are willing to use some money to help the City if help is needed. Commission discussed the possibility of Tonka Men's Club building a softball field some time in the future. Commission asked about the following: - parking - road - barrier/landscape - maintenance - scheduling - what strings attached? These will be discussed at the July 18th Men's Club meeting. They will probably sod the outfield. NE)IT MEETING - MONDAY JULY 23 - 7: 00 PM - BAffiER WARMING HOUSE "FIRE lANES" Marty Jakel moved, Con Schmid seconded, to recormnend to the Council to allow limited access to launch small boats such as sailboards, canoes, rubber rafts - no trailers. Motion carried unanimously. ADJOURNMENT Marty Jakel moved, Gordon Lindstrom seconded, to adjourn at 9:52 PM. RESPECTFULLY SUPMITI'ED Su~ccum Deputy Clerk SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS 28 June I 984 Mr. Robert Rascop, Mayor 4560 Enchanted Point Shorewood, Minnesota 55331 Dear Mr. Rascop: The opportunity to visit with you Monday evening was much appreciated. In this letter I would like to expand on some primary functions of SPRINGSTED Incorporated and how we can serve Shorewood. The only fees paid SPRINGSTED Incorporated are for services rendered to our clients. There is no outside ownership or affiliation with any banks, under- writing firms, or attorneys - we are completely independent and work exclusively for you. Also, our fees are very competitive with all other advisory firms, and bond houses. The fee for $2,500,000 of special assessment bonds (general obligations) would be $13,300. We will, in addition to marketing the program, attend all meetings the Council and/or administration believes are necessary to complete the program. This might include "Improvement" hearings and assessment hearings. The sooner we become involved, the better. There are no costs to the City until we market the program. We would soon like to begin gathering City data and discuss the project on a preliminary basis with your consulting engineers so that we can acquire the knowledge necessary to market the bonds. Time Line to Accomplish Financing In most cases, SPRINGSTED Incorporated can guarantee the availability of bond proceeds within 60 days from notification to proceed with an issue. The major components of, and time requirements for, our work are shown below: Week I: Total review of client needs and development of a schedule of work. Liaison would be established with the total capital financing team, including legal counsel. This would take up to two weeks depending upon the complexity of the program. Week 2: Develop proper options for the City's review, assemble required data for the Official Statement, write final recommendations for issue terms and conditions and attend a meeting to explain the total program and recommend that a sale date be established. Week 3: Write, print and distribute the Official Statement, prepare and forward information package to rating agencies, publish required notices of sale and coordinate with bond counsel the development of required covenants. 800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222-4241 250 North Sunnyslope Road, Brookfield, Wisconsin 53005 (414) 782-8222 CtrY OF SHOFIDVOOD PARK COMMISSION MINUTES MONDAY, JULY 2, 1984 COUNCIL CHAMBERS 5755 COUNTRY CIlJB ROAD 7:00 PM MINUTES CALL TO ORDER Chairman Roger Stein called the meeting to order at 8:20 PM. ROLL CALL Present: Chairman Roger Stein, Commissioners Gordon Lindstrom, Gary Carl, Carol Butterfield, Con Schmid, and Marty Jakel; Deputy Clerk Sue Niccum Absent: Commissioner Mari Kooi - ill APPROVAL OF MINUTES Lindstrom moved, Jakel seconded, to approve the Minutes of June 18, 1984, as written. Motion carried unanimously. FESTIVAL OF PARKS Commissioner Con Schmid asked that a vote on the Festival be taken, and that it be recorded in the minutes. The following question was asked - "Do you feel the I Shorewood Festival of Parks' should be resumed next year following the format that has existed for the last two years?" An answer was requested from each individual, along with corrments. They answered as follows: Marty Jakel.........no Con Schmid..........no (apodictically) Carol Butterfield...no Roger Stein.........no Gordon Lindstrom... .no (unequivically) Gary Carl...........no The following comments were also made: - Several Commissioners felt that the time spent on the Festival took time away from important Park decisions. - Carol felt there would be value in some kind of a program to educate people about our parks. - Shorewood cannot handle a Festival on their own, because the can I t draw the people. - Gary said, and other Commissioners agreed, that he is willing to work on a feasible idea, but not as things now stand. - The possibility of working in unison with surrounding cities on a joint Festival. - Having everYthing in a centralized location. ,. PARK CavlMISSION MEEI'ING MONDAY, JULY 2, 1984 page two The Century Club will be continued. BUOOEr/FINANCE Finance Director, Ev Beck, was present to give information on finances to the Corrmission. _ The cash balance at the end of May, 1984, was: $63,000 in Park Capital Improvement Fund. _ Revenue sources to Park Capital Improvement Fund: 1. Division Fees 2. Century Club 3. Interest earnings _ Money cannot be moved out of Park Capital Operating Budget. - Budget 1. If you have a budget, you don't have to get Council permission for every expenditure. 2. It I S a good idea to set up a "five year plan". EXAMPLE: If you set up a plan involving years 85-86-B7-87-89, at the end of 85, you would delete 85 and add 90 - at this time you could readjust everything for all five years if desired. 3. Be sure to consider these things on a Project: a. materials b. labor c. Public Works expenses 4 . Individual projects can be named and given an individual account #, making it easier to keep track of expenses. 5. The budget runs on a calendar year. Chairman Roger Stein said they will take this information under advisement. FRIDlAN PARK ASPHALT ROAD Gordon Lindstrom moved, Marty Jakel seconded, to recommend to Council to ask Engineer Norton to obtain bids for 200 feet of paved road (per MnWI' specs based upon soil class A-6 6" Class 5 100% crushed material, 3" 2331 butuminous base, and 1 ~ " bituminous wear) plus a gravel road continuing from the end of the ~~phalt to the point where it reconnects with the existing road. Motion carried unanimously. ,. PARK COMMISSION MEETING MONDAY, JULY 2, 1984 page three 'IDNKA MENS CLUB - BALLFIELD - FREEMAN PARK Tony Studer appeared to represent the Tonka Men's Club. They are very interested in putting in a Little league Field somewhere in Freeman Park. They want to represent and support it. Commissioner Lindstrom asked how they would go about it. Tony said start from scratch: level ground, sod, put up fence, etc. Commissioner Carl suggested building the ball field on the site of the existing BMX Track, due to the fact that the rest of the property will be dependent upon the road, and there is not money to build a $160,000 road at this time. Tony said they will provide their own labor, and are willing to spend up to $15,000. They feel the field will only run $10.000, but are willing to use some money to help the City if help is needed. Commission discussed the possibility of Tonka Men's Club building a softball field some time in the future. Commission asked about the following: - parking - road - barrier/landscape - maintenance - scheduling - what strings attached? These will be discussed at the July 18th Men's Club meeting. They will probably sod the outfield. NEXT MEETING - MONDAY JULY 23 - 7: 00 PM - :BAIX}ER WARMING HOUSE "FIRE lANES" Marty Jakel moved, Con Schmid seconded, to recommend to the Council to allow limited access to launch small boats such as sailboards, canoes, rubber rafts - no trailers. Motion carried unanimously. ADJOURNMENT Marty Jakel moved, Gordon Lindstrom seconded, to adjourn at 9:52 PM. RESPECTFULLY SUBMI'ITED ~ccun Deputy Clerk SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS 28 June I 984 Mr. Robert Rascop, Mayor 4560 Enchanted Point Shorewood, Minnesota 55331 Dear Mr. Rascop: The opportunity to visit with you Monday evening was much appreciated. In this letter I would like to expand on some primary functions of SPRINGSTED Incorporated and how we can serve Shorewood. The only fees paid SPRINGSTED Incorporated are for services rendered to our clients. There is no outside ownership or affiliation with any banks, under- writing firms, or attorneys - we are completely independent and work exclusively for you. Also, our fees are very competitive with all other advisory firms, and bond houses. The fee for $2,500,000 of special assessment bonds (general obligations) would be $13,300. We will, in addition to marketing the program, attend all meetings the Council and/or administration believes are necessary to complete the program. This might include "Improvement" hearings and assessment hearings. The sooner we become involved, the better. There are no costs to the City until we market the program. We would soon like to begin gathering City data and discuss the project on a preliminary basis with your consulting engineers so that we can acquire the knowledge necessary to market the bonds. Time Line to Accomplish Financing In most cases, SPRINGSTED Incorporated can guarantee the availability of bond proceeds within 60 days from notification to proceed with an issue. The major components of, and time requirements for, our work are shown below: Week I: Total review of client needs and development of a schedule of work. Liaison would be established with the total capital financing team, including legal counsel. This would take up to two weeks depending upon the complexity of the program. Week 2: Develop proper options for the City's review, assemble required data for the Official Statement, write final recommendations for issue terms and conditions and attend a meeting to explain the total program and recommend that a sale date be established. Week 3: Write, print and distribute the Official Statement, prepare and forward information package to rating agencies, publish required notices of sale and coordinate with bond counsel the development of required covenants. 800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222-4241 250 North Sunnyslope Road, Brookfield, Wisconsin 53005 (414) 782-8222