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021384 CC Reg AgP '- , ... .. .. "l~ CITY OF SHOREWII. REGULAR COUNCIL MEETING MONDAY, FEBRUARY 13, 1984 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA CALL TO ORDER: B. Roll Call / Stover ./ Gagne=+=" Rascop, Haugen Shaw o~. t)\ . '1"f) A. Pledge of Allegiance and Prayer Mayor 1. APPROVAL OF MINUTES: A. Regular Council Meeting - January 23, 1984 (Attachment #1) 2. CITIZEN'S FORUM: A. B. 3. REQUEST FOR TEMPORARY SIGN PERMIT: . Applicant: Excelsior Covenant Church Location: 19965 Excelsior Blvd. (Attachment #3 - Staff Report) 4. 7:45 PM - PUBLIC HEARING: SETBACK VARIANCE REQUEST Applicant: Mr. Ed Flaherty Location: 19465 State Highway #7 (Attachment #4a - Staff Report) (Attachment #4b - Plan. Comm. Rec.) Recommended Action: Continue Public Hearing to Council Meeting of February 27, 1984. 5. PLANNING COMMISSIIN ~E'I~T~ A. 6. PA~K CIMMISSI.N REPI~T: A. .. ....-... . t1," 1 . . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 23, 1984 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM 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~M, January 23, 1984 in the Council Chambers of City Hall. PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Shaw, Stover and Gagne Staff: Attorney Larson (arrived 7:45), Engineer Mittlesteadt, Administrator Uhrhammer and Clerk Kennelly APPROVAL OF MINUTES Moved by Haugen, seconded by Gagne, to approve the minutes of the Council Meeting of January 9, 1984 as written. Motioncarried unanimously. CITIZEN'S FORUM Mrs. Bernice Brooks Request - Christmas Lake Addition Mrs. Brooks was present to request a delay in Park Fund fees due on the Christmas Lake Addition until August 1, 1984 or until the first lot sells, which ever comes first. She a\ked for the delay due to the new requirements of Hennepin County, that all current taxes have to be paid in full at the time of plat filing, causing a financial burden at this time. Shaw moved, seconded by Stover, to grant the delay in payment of Park Fund fees until the sale of the first lot or August 1, 1984. Motion carried unanimously. 5 ayes. SIMPLE SUBDIVISION - Roger Lindholm 20025 Vine St. RESOLUTION NO. 5-84 A request from Mr. Lindholm to allow a simple division and combi- nation to add 23.5 feet to his property from Mr. Macklin who prev- iously had divided this property. Mr. Macklin is now conveying the additional 23.5 feet of his property to Mr. Lindholm. This transfer of property is to correct the plat to the size that was originally inten~ed. Haugen moved, seconded by Stover, to approve the division as requested. Motion carried unanimously. 5 ayes. I . . COUNCIL MINUTES JANUARY 23, 1984 page two REQUEST FOR PURCHASES MTKA, MANOR LOT 6, BLK 1 A request was received from Richfield Bank and Trust, offering to sell Lot 6, Block 1, Minnetonka Manor to the City of Shorewood for possible park use. Haugenmov~d, seconded by Shaw, to decline the offer and to thank the Bank for their offer. Motion carried unanimously. 5 ayes. 7:45 PM PUBLIC HEARING: Variance Request Rudolph Miller 26710 Edgewood Rd. RESOLUTION NO. 6-84 Mr. Mikkelson, contractor for Mr. Miller was present to request a setback variance for the installation of a tennis court at 26710 Edgewood Road. Public hearing was opened at 7:50 PM. The request is for a 44 foot setback from the platted road, whose tarred surface comes to the North edge of the road right of way. This does not allow for any maintenance area for utilities, repairs, or snowplow- ing. This road location was confirmed by Engineer Mittelsteadt and by presenting a 1970 Hennepin County survey. Stover pointed out that the City can claim 13' to 15' for right of way outside of the traveled tar surface. Public portion of the hearing was closed at 7=55 PM. Haugen moved, seconded by Shaw, to approve a variance that would allow the installation of the tennis court 50' from the edge of the tarred surface and to dedicate 15' for the purpose of road right of way. Motion was denied, 4~, l~. (Gagne) HOWARDS POINT MARINA RECONS~ATIO~ RESOLUTION NO. 7-84 Haugen requested a temporary adjournment to review new material received from Attorney Larson in reference to the reconsideration. Adjournment.......8:20PM Reconvene.......8:25 PM Attorney Frank Kelly and Jerry Brecke were present to ask for a reconsideration of the Howards Point Marina storage tank request made August 1, 1983. This request was for a variance to expand a non-conforming use, at the advice of the City Staff. Mr. Kelly does not feel this request is an enlargement or relocation of a structure of a non-conforming use, as originally treated, but is a building permit request. The building permit request would be to eliminate possible underground water pollution, gas spills, fre- quently filling and meet general safety stand~rdS Mr. Go:ecki commented as a nei~hbor~ng reside. t~.a~l he fel~ the pollutlon safety was foremost ln thlS request. If-A.. . -~V ,0..-- ~~ ~L--' ~~e.t 0 .-, V U"l'- c!) 0.... A()}<...? Gagne moved, seconded by Stover, to issue a building permit to allow~~~ the installation of 2 new storage tanks that comply with state fire ~. marshall regulation at a designated location as requested by the building permit application, and with the approval of the building inspector. Motion carried. 3 ayes, 1 abstain (Sh~w), 1 nay (Rascop) '''--. =..,;::r:::':: . . COUNCIL MEETING JANUARY 23, 1984 page three COVINGTON. VINE RIDGE COMPREHENSIVE PLAN AMENDMENT RESOLUTION NO. 8-84 Mr. Eric Canton did a presentation on the proposed Covington Vine Ridge subdivision. Mr. Canton represents Robert Sommer, Sigfired Sommer Canton, and Terry O'Sullivan. He requested a Comprehensive Plan Amendment to allow 2.64 units per acre for density that would then allow him to request P.U.R.D. Zoning for 64 lots on 42 acres, of 10,000 square feet or more. Rascop moved, seconded by Gagne, to accept the amendment to the Comprehensive Plan to allow 2 to 2.7 density per acre and forward the amendment to the proper authorities (Metro Council). Roll Call Vote - 5 ayes. HOWARDS POINT MARINA REQUEST Haugen requested the Administrator to obtain past and future data on gasoline sales of the marina. PLANNING COMMISSION REPORT Stover informed the Council of Bruce Benson's appointment to the Chairman of the Planning Commission. The Planning Commission reviewed the Covington Vine Ridge presentation. PARK COMMISSION REPORT The Council discussed the expenses of the staff time charged back to the Park Commission. Shaw will speak to Chairman Stein to see if the Commission can help to eliminate some of this expense and allow Sue Niccum additional time for other projects. ADMINISTRATIVE REPORT Finance Committee By-laws Council reviewed the "By-laws" suggested by the Administrator. Rascop moved, seconded by Stover, to change the term from 1 year to 2 years and approve the "By-laws" as amended. Motion carried unanimously. Septage Disposal Site A letter was received from the MWCC requesting permission to locate a disposal site on Covington Road just 1/8 mile west of Vine Hill Road. Council directed the staff to inform the MWCC of the new request of Covington Vine Ridge subdivision at that location, also to inquire what is meant by "credits" in their letter dated January 11, 1984. . . COUNCIL MEETING JANUARY 23, 1984 page four ADMINISTRATIVE REPORT continued GAS FRANCHISE ORDINANCE NO. 156 Council reviewed the Gas Franchise Ordinance. Haugen moved, seconded by Stover, to adopt by Ordinance, the Franchise as submitted. Roll Call Vote. 4 ayes - 1 nay (Rascop) Scheduling Meeting Dates Zoning Meeting - set for 6:30 PM, February 8th, 1984 in the Council Chambers. Town Meeting set for 7:30 PM, February 16th, 1984 in the Council Chambers. MAYOR'S REPORT ..' .9 Fire Contract ~ Mayor RascoP.-==---~~i1l!r':i signed the Excelsior Fire Contract with Shorewood. CDBG Funds Rascop reviewed the expenditures of the CDBG Fund, indicating which funds are about to lapse because of time. These funds will be reallocated where possible. Metro Council Information Appointment Administrator Uhrhammer has been appointed to receive all Metro Council material to review for the Councils information. Recycling Test City Haugen felt that Shorewood should investigate volunteering to become a Test City Recycling Area. Water Resource Board Appointment The Resource Board has expanded to 7 members. The lake area cities will submit in support, the same 3 candidates for these positions. COUNCIL REPORT Financial Statement was reviewed. Finance Director Beck answered questions for the Council. Transportation Committee The Committee has discussed extending the light rail system to include Excelsior at this time. GENERA~UND - BILLS PAID SINCE JANUARY~, 1984 PURPOSE Salary " " " " " " " " " " " " " " " Mileage " " Bank FWH Tax Jan. Salary " " " " Check # TO WHOM PAID 28176 28177 28178 28179 28180 28181 28182 28183 28184 28185 28186 28187 28188 28189 28190 28191 28192 28193 28194 28195 28196 28197 28198 28199 28200 28201 28202 28203 28204 28205 28206 28207 28208 28209 28210 28211 28212 28213 28214 28215 28216 28217 28218 28219 28220 28221 28222 28223 28224 28225 28226 28227 28228 28229 28230 Evelyn Beck Roger Day Roberta Dybvik Dennis Johnson Sandra Kennelly Susan Niccum Brad Nielsen Robert Quaas Dan Randa 11 Patti Ray Doug Uhrhammer Don Zdrazil Brian Jakel Jerry Sachs Mike Van Brocklin Mark Aili Evelyn Beck Doug Uhrhammer Roberta Dybvik Minnetonka State Robert Rascop Jan Haugen Tad Shaw Kristi Stover Robert Gagne State Treasurer - PERA State Treasurer - So. Sec. Commissioner of Revenue Henry Arent Petty Cash State Street Bank & Trust Roger Lindholm Brad Nielsen A T & T Artsign Materials Co. Autocon Indust. Berry Auto Inc. Coffee Systems Chips Stump Removal City of Excelsior City of Tonka Bay Excelsior Florist Farm Plan Gross Office Supply W.W. Grainger, Inc. Mary Kenne lly Gary Larson Hennepin Co. Hennepin County Treasurer Ken Jarcho Ins. Key Leasing H.C. Mayer & Sons Matthia, Roebke & Maiser PERA WH SS WH State WH TAx VOID Fee refund Reimburse IRA Fee refund Mileage & misc. Service Lamp Float for BB Well Plow Parts Coffee Stump Removal Water Purchases Water Purchases Shaw arrangement Tractor parts Office supp lies Inv. 495 212417, 497 815679 Office cleaning Legal fees Shorewood prisoners Spec. Assess. VOID Gen. Account Ins. Copier Lease Gas purchases Nov. Financials AMOUNT $ 596.46 541.23 509.81 535.22 510.91 334.67 626.05 627.08 543.34 362.78 785.85 649.40 213.83 138.75 114.92 127.65 13.20 34.98 13.20 1,287.50 150.00 100.00 100.00 100.00 100.00 795.65 2,595.43 673.00 -0- 4.14 41. 74 130.77 197.81 67.80 194.90 74.95 242.48 34.90 48.00 165.00 830.10 469.45 28.00 36.58 54.22 90.80 21.00 3,065.20 556.00 63.10 -0- 9,845.00 223.30 1,064.68 325.00 continued.......... GENA . FUND - BILLS PAID SINCE JANU. 23, 1984 , Page Two Check # TO WHOM PAID PURPOSE 28231 28232 28233 28234 28235 28236 28237 28238 28239 28240 28241 28242 28243 28244 28245 28246 28247 28248 28249 28250 28251 28252 28253 (18254) 28255 28256 '% 28257 .- 28258 28259 28260 28261 28262 28263 28264 28265 28266 28267 28268 28269 28270 28271 28272 28273 28274 28275 28276 28277 28278 28279 28280 Minnegasco NSP National Chemsearch SPS Co. S & S Welding Bernice Brooks Vessco Inc. League of Minn. Cities Village Sanitation Warner True Value Marty Jakel League of Minn. Cities League of Minn. Cities League of Minn. Cities U of M US Postmaster Fuel Lights Ice control Valve for BB well Equip parts Fee refund Water Plant materials Local & Regional Planning in Mn. January service Shop supplies Mileage 1 copy of handbook Handbook binder Jan Haugen/Doug Uhrhammer conference Zoning Seminar 5 rolls 20~ stamps VOID Premium Feb. premium Summer Rec Program VOID VOID Fee refund 14 copies of Directory Annual Water Use Report Fuel Tax Overpayment by State Salary Central Life Ins. Colonial Ins. Co. Mtka. Community Service Mrs. Gerald Goodlund League of Minn. Cities STate TReasurer Commissioner of Revenue PERAF:J!lpl()y€,!gs . Retirement --E'~~l ynBec:k- Roger Day Roberta Dybvik Dennis Johnson Sandra Kennelly Susan Niccum Brad Nielsen Robert Quaas Dan Randall Patti Ray Doug Uhrhammer " " " " " " " " " " VOID Don Zdrazil Mark Aili Brian Jakel John Mundt Jerry Sachs James Van Brocklin Mike Van Brocklin Stefan Freeman U of M Doug Uhrhammer Minnetonka State Bank " " " " " " " Principal Nielsen & Mileage FWH Tax & Interest Uhrhammer Zone Conf. AMOUNT $ 1,887.87 1,101.08 191. 86 26.93 455.00 237.60 106.17 13.00 49.75 68.04 7.52 50.00 4.50 100.00 15.00 100.00 -0- 1,371. 96 46.50 4,236.56 -0- -0- 182.73 140.00 75.00 75.99 167.64 596.46 523.27 412.84 523.27 510.91 346.81 626.05 578.25 514.77 350.34 785.85 -0- 659.44 198.15 138.63 63.75 63.75 95.63 99.38 2,600.00 30.00 73.04 1,232.10 continued...........~..... /,(~"'~:',,';"; }if;,5~' --',~ ""'_' "-lI!'c~."."",,,,,,_,,,.,, '-"'''. ,--,- . GENERAL FUND - BILLS PAID SINCE JANUARY 23, 1984, page three Check # TO WHOM PAID 28281 28282 28283 28284 28285 28286 28287 28288 28289 28290 28291 28292 28293 us Postmaster National Camera Exchange Mary Kennelly MWCC SLMPSD State TReasurer-PERA AFSCME Local #224 State Treasurer - So Sec. Commissioner of Revenue City of Mound City of Excelsior U of M Autocon Industries AMOUNT PURPOSE 1,589 Newsletters Bulb for projector Office cleaning Feb. Sewer Charge FEb. 1984 Budget PERA WH Union Dues SO SEC WH State WH 1984 Fire Contract 1984 Fire Contract D. Johnson/oS. Nie.:.~." Float for BB well 147.78 22.97 45.50 20,282.16 20,884.13 769.29 47.80 1,272.34 664.00 880. 77 vJ ' 433 . 50 ~.:-- 52.Se- 242.48 107,533.94 ~ 't . . LIQUOR FUNU - BILLS PAID SINCE JANUARY 23, 1984 Check # TO WHOM PAID PURPOSE AMOUNT 1778 Minnetonka State Bank FWH Tax 314.90 1779 State Treasurer - So Sec So Sec WH 607.78 1780 Commissioner of Revenue State WH 239.00 1781 Ken Jarcho Ins. Insurance 2,320.00 1782 A T & T Lease Equip 23.02 1783 Village Sanitation Service 59.00 1784 Twin City Wine Wine 487.94 1785 Johnson Bros. Wine 537.61 1786 Griggs Cooper liquor 2,333.72 ,. 1787 Eagle Wine Wine 25.88 1788 Ed Phillips Wine & Liquor 762.43 1789 State Treasurer PERA PERA WH 332.72 1790 Quality Wine Liquor & Wine 905.37 1791 Thorpe Distributing Beer 3,858.52 1792 Minter Weisman Cigarette & Candy 543.82 1793 Minn. Victoria oil Fuel 97.97 .~ Ryan Properties Rent 2,540.83 1795 Harry Niemela FEb. Rent 882.50 1796 VOID -0- 1797 N W Be 11 Service 156.40 1798 NSP Jan electricity 229.73 1799 City of Shorewood Reimburse for Feb. Ins. 70.59 1800 Minn. Benefit Insurance 10.85 1801 Griggs Cooper Liquor 1,270.43 1802 Johnson Bros. Liquor & Wine 1,058.62 1803 Intercontinental Pkg Wine 399.76 1804 Eagle Wine Wine 336.77 1805 Happy Tyme Co. Misc. 228.60 1806 Prior Wine Wine 52.40 1807 Ed Phillips Liquor 810.24 1808 Van Paper Co. Paper supplies 154.88 1809 Russell Marron Salary 426.40 1810 Don Tharalson 113.94 1811 Stephen Theis 256.12 1812 Susan Culver 66.33 1813 Harry Feichtinger 638.53 1814 Susan Latterner 106.99 1815 Mary Skraba 115.70 1816 Dean Young " 333.38 1817 Christopher Schmid " 244.26 1818 Minnetonka State Bank FHW 314.90 1819 State Treasurer-PERA PERA WH 332.72 1820 State Treasurer So. Sec. So Sec WH 298.26 1821 Commissioner of Revenue State WH 1 77 . 00 1822 Griggs Cooper Liquor 1,953.12 1823 Johnson Bros. Wine 384.52 1824 Twin City Wine Wine 214.88 1825 Qua 1 ity Wine Wine 1,123.48 1826 Mark VII Sales Beer 1,583.46 continued............. . . 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: BRAD NIELSEN DATE: 10 FEBRUARY 1984 RE: SIGN PERMIT - EXCELSIOR COVENANT CHURCH FILE NO.: 404 (GENERAL) On 24 January 1984 Excelsior Covenant Church was notified to remove a portable billboard sign located on the Highway 7 right-of-way in front of the church. The sign was in violation of Section 12 of Shorewood's Zoning Ordinance in three ways: 1) signs located on public right-of-way are prohibited; 2) flashing signs are prohibited; and 3) the City Council had not approved a permit for the sign. Subsequent to the notice, Mr. Dave Julienne, a trustee for the church, applied for a permit. Since the sign has already been removed, Council review of the permit on 13 February 1984 is pretty much a formality. It is suggested, however, that for the record, the permit be denied. This will help me considerably in controlling the use of unauthorized signs until such time as the new Zoning Ordinance is adopted. The new Ordinance recognizes that there may be legitimate occasions when temporary signs can be appropriate. It simultaneously provides for controL and flexibility by allowing temporary sign permits for a limited period of time (seven consecutive days) and limited number of occasions (two permits in anyone 12 month period). Once adopted, the new Ordinance would serve to limit the proliferation of portable signage which is evidenced by simply driving along Highway 7. If the Council has any questions relative to this matter please feel free to contact my office prior to your meeting on Monday night. cc: Doug Uhrhammer Gary Larson Sue Niccum Dave Julienne A Residential Community on Lake Minnetonka's South Shore 3 MEMORANDUM TO: FROM: DATE: RE: FILE NO.: . . CITY OF SHOREWOOD MA YOR 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 MAYOR AND CITY COUNCIL BRAD NIELSEN 10 FEBRUARY 1984 RAPID OIL CHANGE - VARIANCE REQUEST 405 (83.47) As you know, a public hearing has been scheduled for 13 February 1984 to consider the above-referenced request. The Planning Commission reviewed the request on 7 February 1984, recommending to the Council that the site plan and variance be approved subject to certain conditions. Ed Flaherty, the applicant, agreed to those conditions at the meeting, but he has now informed us that he misunderstood the Commission's recom- mendation. Although his site planner, Miles Lindberg, had received the staff report, dated 1 February 1984, he did not receive his copy until after the meeting. After reviewing the report, he realized that he has problems with the conditions of approval, most notably those relating to 'signage. Since the Planning Commission's recommendation was based, at least in part, on the applicant's acceptance of the conditions of approval, I recommend that the request be referred back to the Planning Commission for reconsideration. As such the public hearing would simply be continued pending a recommendation by the Commission. The request will be placed on the 27 February 1984 Planning Commission agenda. A major concern of the applicant is the amount of signage to be allowed. Despite being able to use the total facade silhouette of two buildings, he has indicated that 10% is inadequate for his purposes. He has asked that the City consider increasing it to 15%. The City's decision at this time will be incorporated into the new Zoning Ordinance. cc: Doug Uhrhammer Gary Larson Sue Niccum Miles Lindberg Ed Flaherty A Residential Community on Lake Minnetonka's South Shore /j MEMORANDUM TO: FROM: DATE: RE: FILE NO: BACKGROUND . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 1 FEBRUARY 1984 RAPID OIL CHANGE - SETBACK VARIANCE 405 (84.02) Mr. Ed Flaherty has requested City approval to locate a Rapid Oil Change business on property located at 19465 State Highway 7. As you may be aware the site is currently occupied by the old Vine Hill Florist shop (see Site Location map, Exhibit A, attached). As shown on the attached drawings, they propose to add a second building on the site plus parking for both buildings and landscaping along the southerly side of the property. A letter from Miles Lindberg, the applicant's site planner, provides an explanation of the request and background information relative to the business itself (see Exhibit B, attached). The site contains approximately 20,000 square feet in area and is zoned C-3, General Commercial. Surrounding land uses and zoning are as follows: West - Proposed Minnesota Mini-Storage, zoned C-1 (scheduled for Spring construction) North- State Highway 7 East - Burger King restaurant, zoned C-3 South- Single family residential, zoned R-1 A Residential Community on Lake Minnetonka's South Shore ~(V . . PLANNER'S REPORT RAPID OIL CHANGE page two As proposed, the site plan requires a variance to the rear yard setback for commercial property abutting a residential district. The applicant has asked that the 50 foot requirement be reduced to 14 feet. ISSUES AND ANALYSIS In reviewing the Rapid Oil Change request the following issues should be addressed: A. Use. As proposed the site would be occupied by three separate uses, 1) the new Rapid Oil change building, 2) office space in the lower level of the old florist shop, and 3) an apartment which currently exists in the upper level of the florist shop. A billboard located on the west side of the site constitutes a fourth separate use. The office, apartment and auto service shop are all listed as permitted uses in the C-3 District. There is some question, however, as to whether the billboard is a principal use or an accessory use. Nevertheless the applicant has offered to remove the sign after its lease runs out in 1990. It should be noted that Section 14 of the current Zoning Ordinance contains special provisions for automotive service stations. However, the proposed Rapid Oil Change shop does not fit the definition in the Ordinance which refers to the sale of fuels. In discussing this matter with the City Attorney, it was determined that Section 14 does not apply to this case. It is not uncommon for commercial property to be occupied by more than one principal use. From a planning perspective, a greater concern is the existence of more than one principal structure. Section 11, Subd. 8 of our current Zoning Ordinance only limits the number of principal structures on property zoned R-1 or R-2. The Zoning Ordinance now being studies, however, requires a cond- itional use permit in such cases. The C.U.P. approach is intended to minimize inherent problems which can result from, having more than one principal structure on one property. Such things as overcrowding, parking, landscaping, maintenance and signage can be better controlled through the conditional use permit process. At present the City lacks what is felt to be an important control. That is, if the property meets the zoning requirements which have been established, it has little to say as to how the property can be developed. In a sense it is fortunate that the applicant requires a variance to accommodate his proposal. Minnesota statutes provide that in granting variances, the City may impose whatever reasonable conditions it feels necessary to ensure compatibility with surround- ing development. Therefore, through the variance process the City gains control similar to a conditional use permit. . . PLANNER'S REPORT RAPID OIL CHANGE page three One aspect of the multiple use question which deserves attention is the continuation of the proposed apartment in the existing building. The new Zoning Ordinance discourages such mixtures of residential and non-residential use except in caretaker situations. The concept of separating such uses was upheld by the City in the recent Shorewood Nursery conditional use permit request. It is suggested that as a condition of approval the apartment should be eliminated after one year so as not to inconvenience the existing tenant. B. Zoning Requirements. The applicant's proposed site only illustrates the proposed site layout, but also is being proposed to the current zoning standards. is the same information plus the requirements which imposed under the City's proposed Zoning Ordinance: plan not compares what Following would be Proposed Current Proposed Zoning Zoning. Setbacks, Rapid Oil: Front Yard: 10 ft. 0 ft. 30 ft. Rear Yard: 62 ft. 50 ft. 50 ft. Side Yard: 19 ft. 0 ft. 15 ft. Setbacks, office/apt: Front Yard: 10 ft. 0 ft. 30 ft. Rear Yard: 47 ft. * 50 ft. 50 ft. Side Yard: 1 ft. 0 ft. 15 ft. Setbacks, parking: Front Yard: 15 ft. 15 ft. 15 ft. Rear Yard: 14 ft. * 50 ft. 50 ft. Side Yard: 8 ft. east 5 ft. 5 ft. 16 ft. west 5 ft. 5 ft. * Variance required As can be seen the applicant requires a 36 foot variance to the 50 foot setback requirement for commercial parking areas aoutting residential development. Also the existing building is three feet too close to the rear lot line. . . PLANNER'S REPORT RAPID OIL CHANGE page four The three foot variance for the building is considered minimal, especially since the applicant proposes to significantly increase its conformity by removing 23 feet from the rear of the building. Obviously, the 36 foot variance for the parking area is of greater concern. The applicant suggests that the combination of his propose& landscaping, the existing distance of the site from the houses to the south, and the existing trees and topography between the houses and the site eliminate any impact his site would have on those houses. Upon field checking the site, I have to agree with that position. It is suggested that the Planning Commission take the opportunity to drive along Shady Hills Road and view the site from the south. Even in winter when foliage is gone, the site cannot be seen. C. Site Design. 1. Access/Parking. Although not adequately addressed in the existing ordinance, the new Zoning Ordinance attempts to limit the number of curb cuts on the public street (one curb cut per 120 feet of street frontage). The applicant's plan proposes two driveways onto the service road of Highway 7. While this is ultimately MNDOT's jurisdiction it obviously affects local traffic patterns in the area. Even though one of the drive- ways will be limited to exits only from the Rapid Oil Change garage, the City Engineer should comment as to the accepta- bility of the design. With the exception of the setback variance, proposed parking conforms to both the current and proposed Zoning Ordinances. It should be noted that parking for the site is being greatly improved from what currently exists. The old florist shop relied on head-in parking from the service road. This will be removed and sodded according to the proposed site plan. Screening required by Section 13 of the current ordinance will be discussed in the following section of this report. 2. Landscaping/Screening. Section 13 of the Zoning Ordinance requires commercial parking areas to be screened from resi- dential uses by fencing and/or landscaping. Exhibit D contains the applicant's proposed landscape plan. Considering the topo- graphy, trees and distance between the site and houses to the south, the landscaping is considered quite adequate. It is suggested that landscaping in the front of the site be increased, however. A larger massing of plants at the front of the service garage is desirable. Also, additional screening should be provided along the west of the parking area so as not to be viewed from the caretaker'$ residence for the recently approved Minnesota Mini-Storage next door. If the plans are approved by the City, the applicant should submit a bid based upon the proposed plant list and prepared by a certified nurseryman. From that bid the City should require a letter of credit or performance bond covering 150% of the proposed work and extending to at least the next growing season to ensure proper establish- ment of the plant materials. . . PLANNER'S REPORT RAPID OIL CHANGE page five 3. Signage. One of the problems associated with having more than one principal use and/or structure on one site is that each business typically wants its own signage, often resulting in visual clutter. Our current Zoning Ordinance is considered grossly inadequate in controlling signage. First, it allows three signs for each business or building on the site. One of each of the three signs can be 150 square feet in area. Our proposed Ordinance allows three signs per principal building but limits the area of total signage to 10% of the building silhouette as viewed from the street. In addition to the existing billboard, the applicant's plans show wall signs wrapping around the top of the new building (see Exhibit E) and a freestanding pylon sign in front. Nothing is shown for the office building. The building silhouette for the garage is 784 square feet. Under the new Zoning Ordinance, the building would be allowed a total sign area of 78.4 square feet. The total signage for the Rapid Oil Change buiulding amounts to 336 square feet including the 60 square foot pylon sign. Since the sign provisions of the new Ordinance have been agreed upon by both Planning Commission and City Council, it is strongly suggested that signage conform to the new Ordinance. As a final note the pylon sign should be set back from the right-of-way line five feet. As proposed, the post is five feet back but the sign itself extends to the property line. RECOMMENDATION Although the proposal does require variance from the current Zoning Ordinance, the proposed improvements relative to parking, landscaping and ultimate removal of the existing billboard should not be overlooked. If the site plan and variance are approved, the following conditions should be imposed: ;/ The existing apartment use shall be discontinued one year from approval by the City. 2. The existing billboard shall be removed no later than July 1990. 3. The two driveways shall be subject to review and comment by the City Engineer and written approval by MNDOT. 4. A new landscape plan shall be submitted, showing greater plan massing in front of the Rapid Oil building and additional screening along the west side of the parking area. 0\ "\ --~--\ J t.\ \ ---\ - -- \ o~ ~ ~ ~\ tt \ . .t .k -' . ~.~ -.....0...... A ?..... "'--- .........".-<1>.. ';> AjU" -~Y" ~ ~>IN013NNIW .:10 -. ~ % ~ 3J'iI,72.0S t; 1.,'S9P ~ ~ f~~ ~ J " ..~, ) OZ', ZoZz.. \S~ Os I If .. 4 '" lol&ot6'\&", ';j\ N,'U'\6"W .' '2.'~,S' ~... ; ~: ~".!':.~ .7 ., ., . : I ., ',-. ..,' 1'''- ...., ..... d ,. I . . \ ~ \ . L' t' : '. . - ._-j '.J ....1 L:...L V ....1 ._1 ',.. . ........ 'S'9a9o'05~z ,.,..., . 9V8tJ "', III .. '8 ri " '0 off", ~ '" .... ~N 'I;) Co ... <It) -.::. ,~ '!. ~ ! H 'Zift eol ,'Xii , oS \. of <t ~ 0 <.J ~ 3'0i:I1~ . /It 1 ~. ~ N N 3 '! ~ ;~' '3 ::v ~-. ~ ~ ~ Exhibi t A SIrE LOCATION Proposed Rapid Oil Change Shop \ \ \. \ \ ~,' . . III~\\' PLANNING TRANSPORTATION ENGINEERING ARCHITECTURE _.1'._--1 BE'-NETT ",'./G";:'S:: :.;:'cSC".:; .."V'S CA"JNE" '1\C . ;:"29 ,,', "E"S n ..c'./,,:: ~:: . V i\;....EAPOLIS MN 55414' PHONE 6123797878 January 23, 1984 Mr. Bradley Nielson City Pl anner City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Nielsen: This letter is intended to supplement and further explain our site plan submittal dated January 18, 1984, for the development of a building, parking lot, signage, and landscaping for Rapid Oil Change in Shorewood. We hope the following information will be of use to you in reviewing our proposal and recommending its approval. Rapid Oil Change is a local company based in Minneapolis, Minnesota which operates numerous stores throughout the metropolitan area. Rapid Oil Change is a service commercial operation, providing automobile oil changing, lubrication, and maintenance check. Related automotive parts such as oil, filters, and batteries, are available for sale to customers. Rapid Oil Change is currently studying the feasibility of expanding their services to include minor automobile tune-ups as well as those services already mentioned. A key component of the Rapid Oil Change business is the ability to provide their services within a time frame that allows the customer the convenience of waiting while the service operations are performed. This concept would extend to the tune-up operation should it be implemented. Because the customer is encouraged to wait while service is being performed, the image which Rapid Oil Change operation conveys to the customer is extremely important. Therefore it is important to the success of Rapid Oil to provide service within clean, efficient, and high quality surroundings. Rapid Oil operates from 8:00 a.m. to 6:00 p.m. on Monday through Friday, and from 8:00 a.m. to.5:00 p.m. on Saturdays. Stores are closed on Sundays and Holidays. Typically, stores are staffed with at least two company employees during operating hours. Rapid Oil Change is currently expanding its business locations, particularly into the western and northern suburban market. The proposed site in Shorewood offers key elements of access and visibility from Highway 7 which is critical to a successful Rapid Oil Change Location. The proposed site is located on the south service drive of State Highway 7 just west of the intersection with Highway 7 and Vine Hill Road. Existing land use to the east is a Burger King restaurant, and to the west and south single-family residential. The parcel to the west has recently been rezoned to a C-1 commercial district. The two single-family lots south of the ,~,,\...\,\\l.i'. ::.L~~ ,.i'.~~."_~~"" ..I....;~" t. :~.'JE-.~.~,\)~~ .'. ~1 .... '\ :'\':"~'., Exhibit B APPLICANr ';3 PROPOSAL :cEr'rER e.\ ~. . . . .. . . " 1" .ll~r'.'.rl ;., .... ';p: MINNEAPOLIS DENVER . . Mr. Bradley Nielson January 23, 1984 Page Two proposed site each have one dwelling located on the southern portion of their respective lots fronting on Holiday Drive. A heavily wooded area, a vertical grade change of 10 to 20 feet, and 380 to 400 feet of horizontal distance physically and visually separate the homes from the southerly property line of the proposed site. Site access is provided from the south service road of Highway 7 from a signalized intersection with Highway 7 at Vine Hill Road. The site is essentially flat, with just enough elevation to provide surface drainage from south to north toward the service road. An existing two-story frame building and an advertising billboard sign occupy the east and west portions of the site respectively. The building is the remaining portion of the floral business which was operated on the site and has potentially leasable space on the ground floor and an apartment on the second floor. The billboard belongs to the Naegle Company, who leases the location from the landowner. The current lease is valid through June of 1990. There is no significant vegetation located on the site. The proposed site plan illustrates a development concept which, if implemented, provides for the following: Preservation and rehabilitation of the existing frame structure for an office user on the first floor and a second floor apartment tennant, and development of a new 1500 square foot facility for Rapid Oil Change. The existing structure would have a previous addition to the building removed from the south end to bring it into closer conformance with the 50 foot setback required adjacent to residentially zoned property. Existing entrances to the first and second floors would be utilized. The new Rapid Oil Change building would be located on the western portion of the lot with a 10 foot front yard setback matching that of the existing building. This location would allow maximum visibility of the new building from the Highway 7 and Vine Hill Road intersection while allowing access and parking for both uses to occur between the buildings with convenient access to both. Further, this location allows for the existing billboard advertising sign to remain in its present location without modification until the current lease expires in 1990. At that time, the sign would be removed from the site. Access to the service bays of the Rapid Oil Change building would be through the parking lot with an exit out of the bays directly onto the service road operating in a loop fashion. Required parking for the three uses is accomodated in surface parking which extends to within 14 feet of the southerly property line, requiring a variance. Berming and landscaping of the setback combined with the existing vegetation and distance separating the single-family homes to the south from the property should mitigate any negative impacts of varying the required setback for parking. In the area north of the two buildings which is currently all bituminous pavement, the service road and driveway access would be redefined by removing pavement and replacing it with sodded lawn area. This will improve the operation of the service road and !~~ . . Mr. Bradley Nielson January 23, 1984 Page Three site access, and eliminate the possibility of haphazard parking along the north side of the site. Site drainage from the parking lots and landscaped areas is expected to surface drain to the north off the site and into catch basins located on the north side of the service road. Existing sanitary sewer service at the southeast corner of the parcel would be utilized for the new building. It is anticipated that wells will be utilized for water service. A pylon sign 18 feet high would be located just east of the proposed building for visibility from the Highway 7 and Vine Hill Road intersection. The Rapid Oil Change building footprint illustrated on the site plan provides for two service bays, customer waiting area, restrooms and office/storage area within the building. Rapid Oil operates totally within the confines of the building area with no outside storage or display. The service bays would be located at the west end of the building, with the remaining building functions at the east end. The exterior of the building is proposed to be finished with either stucco or decorative IIbreak-offll or IIcorduroyll concrete block. Building signage would be located on the north side facing Highway 7, and on the east side facing the intersection of Highway 7 and Vine Hill Road. The south end of the existing building would be restored to match the other sides of the building in appearance after removal of the addition. The trash enclosures indicated on the site plan would be constructed of materials compatible with each of the adjacent buildings. We hope this information will assist you in reviewing this development proposal and will lead to a recommendation for approval. Please contact me if there is additional information we can provide. Sincerely yours, BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. /11k &-3 l.OT AREA: j RAPID QIL:- OFFICE {LOWE LEVELr. APARTMENT (U~ER LEVELr. TOTAL REQUI~D PARKING; TOT AL PARKIN~ PROVIDED; SETBAC.KS. RAPID OIL CHANGE FRONT YARD: 10 FT. REAR YARD: 62 FT. SIDE YARD: 19 fT. SETBACKS. OFF1CE/ APARTMENT FRONT Y ARO: REAR YARD: SIDE YARD: SETBACK, PARKING FRONT YARD FRONT Y AAD: REAR YARD: SIDE YARD: . . / /' /' ./ ./ /' /' " ./ ./ ./ /' ./ " ./ ./ ./ " ./ ./ /' " / /' /' /" /" /" /' /" ./ ./ ./ /' ./ ./ ./ /" ./ / // " ./ /' ./ / ./ ./ /" ./ /" ./ ,/ "~ .U'I.1 -- ~--{ ~ "./" /~~~ ////// S~ ~ /".//'./ /".,/,/" ./ ...' ,,/' ,/ // """..;/ ".../"././ ,/,/,/" ~ //~/ ,~. ./ ./ ./ ./ /' ./ ./ ./ " /' /" /" " ./ ./ ./ ./ , ./ .--/" ... ... ...-' ....- ... ,/ /" ./ / / SITE DAT~ tiISrnQ kSTORY t-OJSE Exhibit C PROPOSED SIrE PLAN ------_.- urn 1 m ./ -- ,/ ./ ./ /' /" / I I I I II II 11 II 11 'I L II II 11 II 11 I I' ~ ~ I ~ I II I , 1! -- -- - ILl ... .! - 0 fIJ I 8 too I! o :;1 .~ It ~w li .! ; . tn ;) i ,/ ./ / // / z <( ..J 0- W ~ en z o en z w ~ C EXISTING BURGER KING RESTAURANT :)!ZI"," - Tt;f\C!J0it ?i'oRl<:l t-lq - -- -- -- -- -- -- 20,090 $.F. 1496 $.F. 9 SPACES RE01> AT 33/ BAY 1550 S.F. 8 SPACES REO'O AT 1/200 $.F. 2 SPACES RE01> AT 2/D.U. 19 SPACES 19 SPACES (1 tic. SPACE) 10 FT. 47 FT. 1 FT. 15 FT. 14 FT. 8 FT. EAST 16 FT. WEST (0 FT. REQ1>) (50FT. REQ'O) (0 FT. REQ1>) (0 FT. REO'D) (50 FT. REO'D) (0 FT. REO'D) w " Z ! 4:( : ::r:: .c 10 O.i~ CD- ...I.. es il C .14 .cO -....i Q. ~. a:< :j ":I u I~ o 10 30 SOFT. (15 FT. REO'D) (SO FT. REO'D) (5 FT. REO'D) ~ .-r: o rfl 8 j) ~ 3 -.a\U ~ A n ... .p f j .r-! Tf') i '- ,DO , .r-! p.., - :z., 0 l~ -! ~ , J i! ~ ~ ~ -:: ~ j I~ ~~i~ o ~ I l j ~ ~I- tl "tJ) f :J ~ i~~ "'1 itl~~~ Z, I l! 3 1 _ .... ~ ~lli~I~!i . .t.~;~~~~ ~ ~~~~!ili ~ .... ~ ~ sa ,. ~ ~ i\ ' _, .9 &1\ It' ~ , #- to If' \f\ '" _ , - I ~ ~t --r II fl' ~ i ,. ~ 2 2 f;';;~ ... .... H p.., . l>> ~ ;~ ~ i :J \Il & ~ ~ ~ ~. ~ ~ - c '" ! I '\P .. ~ ~ ~ 2 II ,^._-~_._--~.__., . T - --~._.- -...,..J'. 1 """' Fi ~ .,~, ~ .9.fD"'fa, r I i'''. .-:~J Ul I ~ I .r-! Ul r- IJ -~l- ;. t r-l . t r-l cd t ~, 08' I rn ~ r ~ rd ~ 00) I HUl t ~ 1'-1 0 <X:P-. j I >0 ~ ~1 H t J ....:lP-. : ~~: . r,1 "".;r t I ~1 ~ c..."l ~ r. I ~ ~'M .r-! H cd . I -~-'----- ,.ot=\;:j '- t; .r-! ....:l r-l ..., I ,.!:jHO 1dt+ ,+-- ~ 0 ~ 10 I r. f.Q H i .~ I .. . ~j Ji I J. \J' I !il &. r- I ., I I ., I L~ I I .1' I I I 1 I ~ I I I I I I I I I i I I I I . I -- - I 1 - I I I I~~~ I I ~ i ':: f ~-- I ,1 I .} I ,~ J I +d I ' ./ I ~ I . . - --1--1 ~ .' ..', I ... ' ~ I jj .---1" ".. . I - - -:i. -1. . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 7, 1984 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER Acting Chairman Richard Spellman called the February 7, 1984 Planning Commission Meeting t9 order at 7:45 PM. ROLL CALL Present: Commissioners Richard Spellman, Frank Reese, Mary Boyd, Vern Watten, Janet Leslie; Planner Brad Nielsen; Council Liaison Kristi Stover and Secretary Sue Niccum. Absent: Commissioners Bruce Benson and Bob Shaw APPROVAL OF MINUTES Reese moved, seconded by Leslie, to approve the minutes of December 6, 1983 and January 10, 1984 as written. Motion carried unanimously. REQUEST FOR SETBACK VARIANCE/SITE PLAN APPROVAL - RAPID OIL CHANGE (Vine Hill Floral) 19465 State Highway 7 (Ed Flaherty) Mr. Miles Lindberg of BRW presented a proposal for Rapid Oil Change. Mr. Ed Flaherty was also present. He stated that he and his brother own the corporation and have 18 stores. Parking There is a total of 19 parking spaces for both buildings. They feel this is more than adequate. Commissioner Spellman questioned removing two back (south) parking spaces to cut down on the requested variance. Planner Nielsen said he didn't want on street parking, and that the space was needed to make the turn into the building. Existing Building The intent is to lease the whole building, the leasee will decide whether to use as office or retail, including whether or not to use apartment as such. They do plan to apply for a C.U.P. for the apartment use, feeling that it is economically advantageous to keep the apartment as an option. The C.U.P. will be coming before the Planning Commission for a public hearing. Approximately 23 feet will be removed from the rear (south) of the building, making it 3 feet short of the setback requirements. Some of the people that have shown interest are a photographer, doctor and an insurance company. They don't feel that the size of the building will generate any type of business that would cause parking problems. Someday they may remove this building. ~ . . PLANNING COMMISSION MINUTES TUESDAY, FEBRUARY 7, 1984 page two Rapid Oil Change Building This Building will be a simple white stucco with a graphic band around the top. Size of the building is approximately 1500 square feet in area. Hours of operation will be as follows: Monday - Friday Saturday Sunday/Holidays 8:00 AM - 6:00 PM 8:00 AM - 5:00 PM Closed In their stores in town, their peak days are Monday, Friday and Saturday, hours 10:00 AM - 3:00 PM. They feel that it may be somewhat different in this area. Management Mr. Flaherty will personally own the land. present to oversee on a day to day basis. periodically visit the business. There will be a store manager A regional supervisor would Overall information Signs They agree to conform to the Planner's recommendation. Billboard They have talked to the sign company and they intend to keep the billboard there until 1990, after which time it will be removed. (They did offer to move it at their expense but were refused.) (the current lease runs until 1990) Service Road This is MNDOT jurisdiction. Drainage Planner Nielsen stated Engineer Norton was concerned about the drainage, questioning where the water goes from there. This will also be subject to MNDOT approval. Curbs Engineer Norton said the curbs in the parking lot should be concrete. The Engineer should determine whether curbs will be required on the service road. Landscaping Applicant had no objection to complying with the Planner's recommendation. Traffic Janet Leslie raised a concern about additional traffic at the Vine Hill Intersection. Planner Nielsen stated that the staff is preparing a traffic study which would propose a new intersection further west. Vine Hill/Hwy 7 may be partially or totally closed off in the future. He felt this would not hurt business, perhaps even benefit it. . . PLANNING COMMISSION MEETING FEBRUARY 7, 1984 page three Variance/Parking Lot Planner Nielsen said there is about 300 feet between the south line and the two houses existing on Shady Hills Road, with a lot of vegetation in between. He did talk to one property owner, Harry Feichtinger, who had no objections to the variance. Watten moved, seconded by Leslie, to recommend to Council to approve the variance request and site plan with Planner Nielsen's recommendations, except that the apartment shall be considered as a separate issue subject to a conditional use permit to be brought back to the Planning Commission for a public hearing. Motion carried unanimously 5-0. DEVELOPMENT STAGE APPROVAL - SHOREWOOD CONDOMINIUMS Cancelled tonight - will possibly be presented at the 21 February meeting. REVIEW PROPOSED ZONING MAP Postponed COUNCIL REPORTS Christmas Lake Addition - park charges were deferred due to changes in tax laws. Lindholm/Macklin subdivision approved. Miller tennis court variance denied. Howards Point Marina - tanks will be moved Covington Vine Ridge - Plan amended to allow up to 2.7 units per acre. ADJOURNMENT Watten moved, Reese seconded, to adjourn at 9:00 PM. Motion carried unanimously. RESPECTFULLY SUBMITTED, Sue Niccum, Secretary '" e ______e_ SHOREWOOD MEMO: DATE: 8 Feb 1984 TO: MAYOR AND CITY COUNCIL FROM: SUE NICCUM RE: LIGHTS ON THE HOCKEY RINKS At the request of Commissioner Gary Carl I called NSP and re-checked on the price of the lights. I talked to Jerry Eng and he informed me that the cost for the lights is not $5.22 per hour per light but,that it is $.0522 per hour per light making the hourly cost at each rink approximately $ .27. This is the figure for the total of 4 1000 watt lights and 2 smaller lights, approximately 200 watts apiece. 9';1