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121283 CC Reg AgP r 'I of i i '4 f 1 '" . , CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 12, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA ;jJ '7. CALL TO ORDER A. Pledge of Allegiance and Prayer B. Roll Call Gagne Mayor Rascop Haugen Shaw Stover ~ t,../" ~.. ~ I ~~ 1. APPROVAL OF MINUTES: ~ A. Regular Council Meeting - November 14, 1983 (Attachment #la) 2. V A. B. 3. L/ CITIZEN'S FORUM: Gjt. nJL 7:45 PM PUBLIC HEARING: REQUEST FOR SETBACK VARIANCE: Location: 28100 Boulder Bridge Drive Applicant: Leo Hoffman (Attachment #3a - Staff Report) (Attachment #3b - Plan Comm Rec) 4.. REQUEST FOR SIMPLE SUBDIVISION: 'L,/' Location: 5915 Strawberry Lane Applicant: Marion Johnson (Attachment #4a - Staff Report) (Attachment #4b - Plan Comm Rec) 5. /REZONING REQUEST FROM C- 3, GENERAL COMMERCIAL AND R-l, SINGLE ~ FAMILY RESIDENTIAL TO C-3, GENERAL COMMERCIAL: * Zoning Map Correction - Vine Hill Florist Property Location: 19465 State Highway #7 Applicant: City of Shorewood for Vern Carlson (Attachment #5a - Staff Report) (Attachment #5b - Plan Comm Rec) REGULAR COUNCIL MEETING MONDAY, DECEMBER 12, 1983 Page Two , 6. REQUEST FOR CONDITIONAL USE PERMIT: Location: 24285 Smithtown Road Applicant: New Vector Inc. (Formerly Northwest AMPS) - Mr. Tom Harraka (Attachment #6a - Staff Report) (Attachment #6b - Plan Comm Rec) ELIMINARY PLAT REVIEW - PROPOSED 11 LOT SUBDIVISION: Location: Southwest Quadrant of Brackett's Rd./Apple Rd. Applicant: Gary Minion (Attachment #7a - Staff Report) (Attachment #7b - Plan Comm Rec) ZONING ORDINANCE AMENDMENTS - SHOREWOOD NURSERY - FIRST READING: A. Text Amendment to allow single family dwelling in the R-C District. (Attachment #8a) B. Zoning District Amendment (Attachment #8b) 9. ATTORNEY'S REPORT: .~'A. Request for a QuitClaim Deed on Tax Forfeit Property. (Attachment #9a) ~. ~/c. 10. VA. 11. .A. --43 . C. L// Update on Garber Registration - Edgewood Road Discussion of Bow Hunting in Shorewood ENGINEER'S REPORT: B. ADMINISTRATIVE REPORT: Recommendation of Roger Day to permanent full-time employment. Request for Health Insurance evaluation. Request to have Water Assessment removed: Mr. Dick Logelin, 5735 Minnetonka Drive. -, CITY OF REGULAR MONDAY, .. '~ SHOREWOOD . ~ COUNCIL MEETING NOVEMBER 14, 1983 ~~r.:::~ ' ) , , ...r'i,l, , r~. --.~u IL CHAMBERS 5755 COUNTRY CLUB 7:30 PM ROAD ) M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 PM, November 14, 1983, in the Council Chambers. PLEDGE OF ALLEGIANCE The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Shaw, Stover, Gagne, and Haugen. Staff: Atty. Larson, Eng. Norton, Adm. Uhrhammer, Clerk Kennelly. APPROVAL OF MINUTES Regular Council Meeting Haugen moved, seconded by Shaw, to approve the Minutes of October 24, 1983 as corrected. Motion carried unanimously. Special Insurance Meeting Gagne moved, seconded by Shaw, to approve the Minutes of October 27, 1983 as corrected. Motion carried unanimously. CONDITIONAL USE PERMIT l Lake Virginia Lift Station - MWCC Don Caster, Engineer for MWCC was present making request for the Conditional Use Permit to allow a Building Permit for addition on to the existing Life Station for equipment installation. Haugan moved, seconded by Gagne, to approve the C.U.P. as requested. Roll Call Vote unanimously approved. PLANNING COMMISSION REPORT Shaw reported Commission review of: Lake Virginia Lift Station C.U.P.; Minion-Shorewood Nursery Requests; Wheeler Assoc. Variance; James Emmer Division; Shady Island Division; Champion Auto Sign Request. A presentation on the Covington-Vine subdivision of 42 acres into 64 lots was made. PARK COMMISSION REPORT Gagne indicated that complaints had been received regarding the allowable uses of the Hennepin County Trail System. The complaintant requested to allow 2 and 3-wheeled vehicles, as long as snowmobiles were allowed. 7:45 PM PUBLIC HEARING RESOLUTION NO. 78-83 James Emmer - Subdivision - 5570 Covington Road A request was made by James Emmer of 5570 Covington Road for a 2 lot subdivision to include a 2,000 sq. foot variance on lot 1. Public Hearing was open to the public at 7:45 PM. ) I~ , . . REGULAR COUNCIL MEETING NOVEMBER 14, 1983 Page Two ) EMMER HEARING - continued Mr. Reutiman questioned the availability to the sanitary sewer. Public Hearing was closed at 7:55 PM. Gagne moved, seconded by Stover, to approve the subdivision with the variance, also file Engineer approved driveway access, drainage plan and utility hook-up. Motion approved by Roll Call Vote - 5 ayes. MWCC MEETING Haugen attended the "Blue Ribbon Committee" meeting of the MWCC. . invited the Shorewood Council to attend a special meeting with the Sewer Board to deal just with Shorewood problems. Council accepted gratefully and will prepare reports for the meeting. 8:00 PM PUBLIC HEARING Champion Auto Sign Request RESOLUTION NO. 79-83 ) Ken Griffith was present to request a sign permit variance to install a 14.5' x 15" sign in addition to the existing 4' x 8' sign. Public portion was opened at 8:00 PM. Mr. Reutiman indicated that a similar request was granted at the Minnetonka Bank. Public Hearing was closed at 8:05 PM. Haugen moved, seconded by Stover to approve this sign variance with the condition that no additional signage be requested. Motion approved by Roll Call Vote - 5 ayes. SHOREWOOD NURSERY EXPANSION Gary Minion reviewed for the Council his plans for expansion. He has purchased the house adjoining his property and 2 additional adjoining outlots. He would like to move existing garage to the rear of the lot and install an exit onto Wood Duck Circle that would be chained during off hours. Small house would be used for office and/or employee/owner living quarters. Rezone from R-5 to R-C RESOLUTION NO. 80-83 ) Haugan moved, seconded by Stover to rezone, according to the Planning Commission recommendations, the property as described in the Resolution from R-5 to R-C. Motion carried by Roll Call Vote - 5 ayes. Zoning Amendment RESOLUTION NO. 81-83 ~ Stover moved, seconded by Haugen, to include "Caretaker Quarters";q as a conditional permitted use in the R-C zone. Caretakers Quarters to be defined in the Ordinance Amendment as "someone who performs a function or has a responsibility in the nU{BCiY~USiness. Motion carried unanimously by Roll Call Vot~ - 5 ~ . . REGULAR COUNCIL MEETING NOVEMBER 14, 1983 Page Three ) Conditional Use Permit RESOLUTION NO. 82-83 Haugen moved, seconded by Gagne, to grant a C.U.P. for the expansion of Shorewood Nursery in accordance with the revised 4 steps recommended by the Planning Commission and revised by the Council. Motion carried unanimously by Roll Call Vote - 5 ayes. 8:15 PM PUBLIC HEARING RESOLUTION NO. 83-83 Rear Yard Setback - 2~115 Boulder Bridge Drive Request was made by Bud Wheeler for a 30 foot rear yard setback for the purpose of a pool house at the same setback as the existing~ A Public Hearing was opened at 8:55 PM and closed to the public at~ 9:00 PM with no comment. Gagne moved, seconded by Stover to grant the rear yard variance. Motion carried unanimously by Roll Call Vote - 5 ayes. 8:30 PM PUBLIC HEARING 52~5 Shady Island Road 1 Public Hearing was opened at 9:02 PM with Mr. Shenehon and Mrs. Goodlund's request to divide the property described as 50 feet of Lot 17 and Lots 18, 19, and 20, into 3 Lots containing an average of 18,783 sq. feet. Comments were taken from Mr. Reutiman in reference to sewer assessments charged on property. Harold Berg opposed the 3 Lots on the existing 15 foot road. Jack Hanson questioned the Planning Commission's recommendation approving the 3 Lots split, he was in complete agreement with the proposal. Written comments were received from Mr. Grosz in favor of a 2 lot division. Richard Spellman opposing the 3 Lot division and approved of 2 Lots if a 50 foot road can be obtained. Public portion was closed at 9:20 PM. U,UtLo ~~.~ Council felt there was no ~ hardship ~ to w~rr~~+ ~his request and the 15 foot road pose~ccess problem. Haugen motioned, seconded by Gagne, to instruct the attorney to draft a Resolution of denial of this request for 3 Lots division. Motion carried unanimously. CONTINUATION OF PARK COMMISSION REPORT Roger Stein reviewed the past Park Commission meeting. He requested a vaccum cleaner and First Aid kits be purchased for the Park Buildings. They would like Don Zdrazil to attend a couple of meetings a year for needed informational input. Administrator Uhrhammer reviewed the Manor Park expenses and reviewed the current budget. ) Stein questioned the Heidi Johnson accident of 5 years ago, and if anyone had any information on this. The Council did not have any information available to them now. Stein recommended Council to approve the pre-existing trail agreement. . . ") REGULAR COUNCIL MEETING NOVEMBER 14, 1983 Page Four ATTORNEY'S REPORT The Greenwood Lift Station trial will be held at the Government Center at 9:00 AM, Saturday, November 19, 1983. ENGINEER'S REPORT Metro Contracting, Inc. RESOLUTION NO. 84-83 Engineer Norton recommended payment of Voucher No. 1 in the amount of $8,747.60 to Metro Contracting Inc. for the Shaddrick water extension. Rascop moved, seconded by Haugen, to approve payment with the satisfaction of necessary forms completed for the County. Motion carried - 5 ayes. ADMINISTRATOR'S REPORT Snowmobile Trail System Agreement Haugen has received a petition to allow only the uses on the trail system as the surrounding cities allow. Questions on road usage and lake access should be researched prior to accepting this agreement. Haugen motioned to have Attorney and Staff review trail system use and a Public Hearing should be set for public input. ) PHOENIX GARDEN - WINE LICENSE RESOLUTION NO. 85-83 - SUNDAY SALE LICENSE - NON-INTOXICATING MALT LIQUOR New application for wine, Sunday, and malt liquor licenses was submitted by the new owners of the Fortune House. Application has been approved by the Liquor Control Board and the police review. Shaw moved, seconded by Gagne, to approve by Roll Call Vote the submitted application - 5 ayes. LEGAL SERVICE CHARGE RATES RESOLUTION NO. 86-83 Administrator Uhrhammer recommended the Council to request a legal interpretation of "fair and equitable" user charges from Attorney Larson and the Attorney General's Office at no cost to the city. Rascop moved, seconded by Shaw, to approve the request, motion carried - 5 ayes. APPROVAL OF 1984 AUDIT AGREEMENT Gagne moved, seconded by Haugen, to approve the 1984 Audit Agree- ment. Motion carried unanimously. ) . . ') REGULAR COUNCIL MEETING NOVEMBER 14, 1983 Page Five ROAD GRADER PURCHASE Administrator Uhrhammer recommended purchase of a used road grader for $4,500 with the trade-in of the two old graders. Haugen moved, seconded by Gagne, to approve the expenditure of funds for the grader purchase. Motion carried. APPOINTMENT OF STAFF POSITIONS Finance Director Ev Beck is appointed to permanent position. Rascop moved, approval seconded by Haugen, motion carried. Secretary/Receptionist Administrator Uhrhammer recommended the appointment of Patti Ray to the position of Secretary/Receptionist. Gagne moved, seconded by Haugen, to approve the appointment, motion carried. BEACH BOAT STOLEN The small boat at the beach was stolen on October 6, 1983. This boat was not covered by insurance. Adm. Uhrhammer would like to place a request for donations in the next newsletter. l MEETING DATES Finance Committee: 7:30 PM, November 22, 1983 Zoning Review: 6:30 PM, December 14, 1983 2nd Council Meeting: 7:30 PM, December 19, 1983 MAYOR'S REPORT Mayor Rascop questioned the Covington Road signage, Arent Resolution of denial, and Cousin's letter of thanks. A letter was received from Seaman "Skip" Knapp opposing tax increases. COUNCIL REPORT ~ the city wanted o' the Suburban d-hL~~~. Rascop moved, seconded by Gagne to direct a letter of withdrawal and suggest the organization go out of business and forward letter to all existing city members. Motion carried. Suburban Rate Authority Haugen questioned whether Rate Authority. Cable Board Presentation November 22, 1ge3 at 5:30 PM, the Cable companies will put on a presentation for the Cable Board. ) Watershed Management Organization Larson will find out what responsibility the city has in filing the 509 forms. ~b SD . . COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM CITY OF SHOREWOOD PLANNING COMMISSION MEETING MONDAY, DECEMBER 6, 1983 M I NUT E S CALL TO ORDER Chairman Benson called the December 6, 1983 Planning Commission meeting to order at 7:50 PM. ROLL CALL Present: Commissioners Bruce Benson, Janet Leslie, Vern Wattern, Richard Spellman (7:50), Bob Shaw (7:50), Frank Reese (8:00); Planner Brad Nielsen; Acting Council Liaisons Bob Gagne and Jan Haugen, Deputy Clerk Sue Niccum. Absent: Commissioner Mary Boyd. APPROVAL OF MINUTES Leslie moved, Watten seconded, to approve the November 1, 1983 Minutes as written. MARION JOHNSON - 5915 STRAWBERRY LANE - SIMPLE SUBDIVISION Marion Johnson appeared to state that her driveway extends 10 feet onto her neighbor's property. The neighbor has agreed to sell her a 10' x 100' strip so that the d~iveway will not have to be moved. The zoning requirements will still be met. Planner Nielsen explained that this was a boundary dispute which had gone to court where the Judge told them to settle it. Watten moved, seconded by Leslie, to recommend to the Council to approve the simple subdivision. Motion carried unanimously. 7:45 PM PUBLIC HEARING - VINE HILL FLORIST - VERN CARLSON - REZONING REQUEST FROM C-3, GENERAL COMMERCIAL AND R-1, SINGLE FAMILY RESIDNEITAL TO C-3, GENERAL COMMERCIAL Chairman Benson began the Hearing by reading the legal notice. Mr. and Mrs. Vernon Carlson were present, Planner Nielsen explained the previous history, explaining that it had been presented to the Planning Commission originally in April of 1982 but was not pursued to it's conclusion. This situation evolved because of a City error, not uncommon on older zoning maps. He said the correct legal description has now been received so the property can be rezoned. No one in the audience had any comments. Leslie moved, seconded by Spellman, to recommend to the Council to approve the rezoning of the property. Motion carried by Roll Call vote. (Leslie, Spellman, Benson and Watten) ~ ~b . PLANNI~OMMISSION MONDAY, DECEMBER 6, Page Two MEETING 1983 LEO HOFFMAN - 28100 BOULDER BRIDGE DRIVE - REQUEST FOR SETBACK VARIANCE Mr. Leo Hoffman and Mr. Tom Wartman were present. Mr. Wartman explained to Commission that when Boulder Bridge - Phase I - was developed the cul-de-sac was much shorter, the night of final approval before the Council the road was drawn in as shown, and no consideration was given to the area left to build upon. They plan to build the garage facing S.E. onto Boulder Bridge Drive with the back of the garage facing the cul-de-sac. Shrubbery screening is proposed behind the garage. He felt that alternative numbers 2, 3, and 4 of the Planner's Report would present an undue hardship, one of the reasons being the grading problem. Planner Nielsen asked Mr. Wartman what the grade is with the garage at 50 feet. Upon being told 7%, Planner Nielsen said he would not want the grade any steeper. Commission discussed Woodside Road being a substandard 33 feet instead of 50 feet. Planner mentioned the possibility of picking up 17 feet from the west side when it is developed. Watten moved, seconded by Spellman, to recommend to the Council to approve the request for a Setback Variance allowing the garage to be 20 feet from Woodside Rd. Motion carried unanimously. 8:15 PM PUBLIC HEARING - NEW VECTOR INC. (FORMERLY KNOWN AS NORTHWEST AMPS) - CONDITIONAL USE PERMIT Mr. Tom Harraka was present to discuss construction of a telephone switch station and accessory antenna at 24285 Smithtown Road. Hearing opened for public comment, and closed to public with no comment. Shaw moved, seconded by Leslie, to recommend to the Council to approve the Conditional Use Permit subject to the recommendations of the Planner and the conditions of Ordinance 150. Motion carried unanimously. PARK COMMISSION REPORT Council Liaison Gagne reported that St. John's Preserve and Covington-Vine Ridge were asked for financial compensation, rather than parkland, at the December 5, 1983 Park Commission Meeting. 8:30 PM PUBLIC HEARING - COVINGTON-VINE RIDGE - COMPREHENSIVE PLAN AMENDMENT Mr. Eric Canton reviewed their plans for Covington-Vine Ridge for the Commission. A change in the wetlands was introduced, it is now an Outlot instead of being divided among the platted lots. They propose an "Architectural Design Review Board" to deal with control of development. They pointed out the fact that the City now receives taxes of $1609. for undeveloped land but at an average of $90,00~ a home they would receive approximately $18,656. . PLANNI~MMISSION MEETING MONDAY, DECEMBER 5, 1983 Page Three The only comment from the audience came from Mr. Wallace Dayton. He hopes the Planning Commission considers the fact that there will be several projects developing in this area and he hopes they consider these as a whole so that the decision made on Covington-Vine Ridge will not interfere with the others. Public portion closed to public. Commission had questions on what a P.U.D. consists of. Planner Nielsen read Ordinance 122 to them and said that C.V.R. already has several P.U.D. requirements: 1. Common open areas 2. Phasing of project 3. Outlot in concept 4. Home Owner's Association 5. Architectural Review Board Commission decided they could not make a determination until all staff reports were submitted and comments from outside agencies had been reviewed. Shaw moved, Benson seconded, tabling, until information is all in, until the Study Session Meeting January 17, 1983. Roll Call Vote (Leslie, Reese, Spellman - nay) - (Shaw, Benson, Watten - aye). Motion failed. Watten moved, seconded by Spellman, to table the Covington-Vine Ridge Comprehensive Plan Amendment until the January 3, 1983 meeting. Roll Call Vote (Shaw, Benson, Watten, Leslie, Reese, Spellman - aye). Motion carried unanimously. 8:45 PM PUBLIC HEARING - PRELIMINARY PLAT - GARY MINION - SOUTHWEST QUADRANT OF BRACKETT'S AND APPLE ROADS Chairman Benson read legal notice. Hearing opened at 10:00 PM. Mr. Minion made a presentation, he has a 13 acre parcel of land he wants to divide into 11 lots. This to be done in two stages, the six lots in Blocks 1 and 2 to be developed first, with Block 3 to be handled later. He did mention that Block 3 may be kept in one parcel to be used as a hobby farm, but he has no plans to develop it at this time. Approximately 5.48 acres is designated as wetland. The proposed plat meets R-2 zoning requirements. Several neighbors were present to ask questions. Sue Lang - 6090 Apple Road, said she and Sid James live in the lowest area and expressed concern oyer water being channeled into their area. Don Huntington - asked about flooding and fill. Bob Hoban - asked if the U.S. Corp of Engineers and Minnehaha Watershed District have been notified. Chairman Benson informed him the Watershed District has sent a letter of interest in the project. Joe Garaghty - was concerned about culvert backup flooding his lot. . . PLANNI~OMMISSION MONDAY, DECEMBER 5, Page Four MEETING 1983 Don Huntington, Sue Lang, Sid James, John Sayer, and Joe Garaghty - all wished to know, if Mr. Minion ran water from Woodhaven II to his lots, if they would be assessed. Public portion of Hearing was closed at 10:30 PM. Planner Nielsen said the run-off from the project would be calculated to see if the wetlands could handle it, and that both the Engineer and the Watershed District would be involved. Watten moved, seconded by Reese, to recommend to the Council to accept the preliminary plat subject to and contingent on the 5 recommendations in the Planner's Report; also that when the final plat comes back through the Planning Commission, neighbors are notified. Roll Call Vote - unanimous (Boyd absent). Reese moved, Watten seconded, to recommend to Council that they look at a possible extension water from Woodhaven II as shown on the preliminary plat. Roll Call Vote (Benson, Leslie, Watten, Spellman, Reese - aye) - (Shaw - abstain). RUDOLPH MILLER - 26710 EDGEWOOD ROAD - REQUEST FOR SETBACK VARIANCE Mr. Mikkelson, Contractor for Mr. Miller, asked for a Setback Variance for a tennis court, stating that Mr. Miller would have to cut down three trees in order to conform. He said there are other tennis courts on Edgewood that are not 50 feet back, and also a home with a 32 foot setback. Acting Council Liaison Haugen said she believed that home had been there before the zoning setback was passed. He said the chain link fence would be coated with black or green vinyl and the court and fence would be constructed of only the finest material. Mr. Miller does not intend to have a windscreen. Reese moved, Spellman seconded, to recommend that the Council deny the setback variance because the loss of relatively few Elm trees did not constitute a hardship, particularly in view of the size of the property. Roll Call Vote. Motion carried unanimously. MATTERS FROM FLOOR None PLANNING COMMISSION MEETING - DECEMBER 20, 1983 Watten moved, Shaw seconded, to cancel the December 20, 1983 Planning Commission Meeting. Motion carried unanimously. ADJOURNMENT Leslie moved, seconded by Benson, to adjourn at 10:55 PM. Motion carried unanimously. RESPECTFULLY SUBMITTED, SUE NICCUM, DEPUTY CLERK SN:pr . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 4 DECEMBER 1983 RE: HOFFMAN, LEO - SETBACK VARIANCE FILE NO.: 405 (83.49) BACKGROUND Mr. Leo Hoffman has requested a setback variance to build a house and attached garage on his property located at 28100 Boulder Bridge Drive (see Site Location map - Exhibit A, attached). The property abuts both Boulder Bridge Drive on its front side and Woodside Road on its west side. Consequently, required setbacks reduce the buildable area of the lot to less than what other lots in the R-1 District might have. Mr. Hoffman has requested a 30 foot variance which would allow him to build his garage 20 feet from Woodside Road, as shown on Exhibit B. ISSUES AND ANALYSIS Since Boulder Bridge was platted relatively recently, it may be bene- ficial to know how Mr. Hoffman's problem has occured. According to Tom Wartman, the developer of Boulder Bridge Farm, he had initially proposed to vacate a portion of Woodside Road and put a cul-de-sac in the northwest corner of the lot in question. As such, setbacks posed no problems. When the final plat for Boulder Bridge was orig- inally submitted, the City Council realized that vacating a portion of Woodside Road could result in future problems if lots to the west of Woodside were ever to be divided. While they required the road to be platted as it now exists, neither::they rie~sthesdeveloper did any- thing as far as enlarging the adjacent lot. As can be seen on Exhibit C the problem is aggravated by the topography of the site. In evaluating the request the following options should be considered: 1. Grant the variance as requested. A Residential Community on Lake Minnetonka's South Shore 30.--- . MEMO F~PLANNER NIELSEN HOFFMAN, LEO - SETBACK VARIANCE 4 DECEMBER 1983 page two 2. Require the applicant to redesign the house to fit the setbacks and topography of the site. It should be realized that this alternative could have some impact on the overall character of the development and would undoubtedly require more site alteration than what is now necessary. 3. Require that the proposed house be reoriented at the rear of the lot. In doing so, the house would no longer relate to the Boulder Bridge development. Unless a long driveway was constructed, the owner would not be able to use the street he has paid for - Boulder Bridge Drive. 4. Consider a modification of the proposed site"plan, in which the house is moved forward. For instance, if the house was moved southward 10 feet, then it would be 40 feet from Boulder Bridge Drive and 30 feet from Woodside Road. While there would in essence be two variances, they would be distributed between the two streets. Since select nearby lots in Boulder Bridge were given development agreement, this may be the appropriate solution to the problem. RECOMMENDATION Of the alternatives presented in the preceding, the last is felt to be a very reasonable compromise solution. While allowing the variance, its potential affect is minimized; It is therefore recommended that the City allow the proposed home to be built 30 feet from Woodside Road and 40 feet from Boulder Bridge Drive. If this is the solution selected by the Cit~ or if the variance is granted as requested, the City should require that landscaping on the north side of the garage be enhanced, if necessary, to minimize the affect of the struct- ure's proximity to the road. cc: Doug Uhrhammer Jim Norton Gary Larson Sue Niccum Leo Hoffman ~ ., ..//2 200 I Scale . i ~. e- II .;j!!. @) (.:J.) 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(\J .... 0 ~ !O I/) '<:)8 "'7"'!\i Cb . 0 .~!\I!Ii " ., (\j ~ -..J<.", 'I If " ~q. 4 ,: ~ 8 ~( I . ~ - /' ..,,~q.s (' (tI> ~ ("1<"> ll'oi9' ~ ",(~ -j ~ 0 ~ <J ">. / ll'.y \ '.' - "),0 ~ I ~"~tS'?i'.s- \S-~ ~o~<.;,~. ! .~ ~ '.t ...~ Q-~~ ~.; I ~ r?, " '. (',I '":"" , 1900.., 'Q,~ i):: , \.. " ,... .. . "1 \~..' . +.~> <S'6:- .s- .s.. - -:.r.:., ;' .:.....-.,- ~~ L.. I ,\r"J l\ I ;", ~" ,'~'.J. ~,.. - N830C6/0"W 22.68 . '-J, / / I ~. i / / I I , , I I / I I I I ... ~ -,...,,+ ........", .," .;;JJ(' i)O . I : Exhibit C - -'1 SITE T01:'OGRAPHY I I I IiIJ s. Draina'je I .., .' (")... ~" ~ \JOCI\(I\ a (1\ .... i'oo ~ ~ S1Q041'I1"W 640.00' ' . !01.00'" '" .- " <. 50.00. "e 'O"u' '''T''-- $1d"1;Z"'~ r09"41'.u"€" - ..~ .' I n~ - -:-. z;S.OO . ' A ement< MEMORANDUM TO: FROM: DATE: RE: FILE NO.: BACKGROUND . . MAYOR Robert Rascop COUNCI L 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 4 DECEMBER 1983 JOHNSON, MARION - SIMPLE SUBDIVISION 405 (83.48) The driveway to the home of Marion Johnson, 5915 Strawberry Lane, encroaches 10 feet onto the lot north of her property. In order to correct the problem her neighbor has agreed to sell a 10' x 100' strip of his lot. The trans- action requires a simple subdivision approval by the City. Both Mrs. John- son's property and the lot to the north are located in the R-1 zoning district. ANALYSIS/RECOMMENDATION The Shorewood Subdivision Ordinance does not require that a public hearing be held on requests such as Mrs.Johnson's. The primary concern in reviewing such a request is that the City does not create .~ substandard lot in the process. ':,. In this case, the property from which the 10' x 100' strip is being divided will still meet the requirements of the R-1, zoning district. Specifically, the lot will be 120 feet wide at the building line, 40,494 square feet in area, and the house will be more than 10 feet from the side lot line. It is therefore recommended that the simple subdivision be approved as requested. cc: Doug Uhrhammer Gary Larson Jim Norton Sue Niccum Marion Johnson A Residential Community on Lake Minnetonka's South Shore 200 I scate o 200 . I I I I SUBD.! " I' I~ I I I ! 400 I feet (J-; ,-- . ,,,'I. O\~'" ~o\'qf ... on '" -!:::' W e~ ;:f <. )1''''0 ~~, .. ./6'" - -P. ~.s: . Wes+ J,.w;n/i.:U4" 1.'Z3U~7-ROA&- . 0 - --, "-=-- - - 1: ~.,:: -.--- - 410 - ",^-,,-1"\ _--- --. ' if.;-: .:~. -. . . ~~.~J~. , 65.4 "b.5 14% 3 , : 11'~oS5 .1"'1.1-:'484' , ;-. ( '" I c.. 200' , 10) "" r-- d' 0'2) 50 0,' I I / 32~ _ ;:~ 5 ~~" ~: ICI __0 - --i;<; co~q; _ ~~: \!J 3 ~) o,'~ -:jC"- C ~ ~ (II) ';1 v 3Z" ~ ~I :Zl 2 (i) t 1,~.eJ7 - -+-- ~ !"4SM1THTOWN '- NS,'/S'E 320-03 1.5 :6,5 4 We;! ., I"- "Jffi I ~ ~I ~: 1-_0 z ; G'r)~ ~ (I~) ~ r S2! LOl I I I I I LOT 10 I (J\) I i &.,~ &ou~1 Gomc.t' 247 I I I I I I I I ~ J' SE'Q" 4b 09 vii "" "" 62399 o€.~s G~~ 62.4/7 ) i~ ") L --- ----t-- "" ,,,, .... 624- JS \\1.) "l- 58,':4940W 24 $4 50!' (31) '}) +{DO 1\$ '- - - - - - (- 3:" .~ -:<\\o~ DP' ~'..; .... !'! (1) \: .? ,,,0 =8': '~(. J I LOT \08 ) ,.' Pro,ut'l 1"\.~\Wttol'\ '} :1 '" " .W ~...~ ~ ~ ~' ~I ... "" " ,,' I ,. ,~ " r I ...'~ '1' .......Cy " -~ '\ {rfJ4L; LOT 105 Iii \ ~ Exhibi t A SITE LOCATION Johnson, Marion - Simple Subdivision I I'j' r'-', . : t..' :::-;' .t:: t:~:~ j ~~::~ :'-'; e:, . ~ -.... , ' .:~~~:: ;.., .'~_:' .~_ ,'t\ , , .. ' r -.. . , , ...,. , , '.A !.. of' i 1-'.:- J..., I . ., J. ~.~~~.. .......... .- " "i; O'Z'~.', ", Fen"el.'" .~....... -Co E4S'f t 4tJI.81' -' - ~.M' .. ... \~ ;. ~t.J EJ . . ....... " , , I ~ (E"~~) .,' EJ 1 I......, 1M J" ~ _{ J..-. .."'-,. -~--_. -. I F::~~:-:. [) J.~::! ~::~ L::7' 1 .... . : . '. t::) t'- ::) ,:'..;l~~ /~ .::j'():'/.-./....:....-"..t/ Lot' '.. 5,..8/' i.' ...IIe .-- __._-!:;".;.,.-..-_..::!J-tltJ' ..... ..,..,.. -" -'- ...... -" . ......~. .... 'S.Ot) '\ ta' ... ~ A I herebf certify that th11 18 . true IInd correct reore- aentation of " survay of the boundariell of: .i!l that part or the Southaallt qUIll ter of section 32, TCMI8hip 117 ttorth, Range 23 Wellt of tha 5th Principal Meri. dian, dellcribed all follove. Beginning at the point of interllection of thf Wellt line of Hid South. at quarter with the Northwesterly right-of-way line of the Chicago and North "estern Railway (formarly the "'.1Meapolill <<< st. Louis p.ail\Jay); thence on an allsUlllSd baarint; of North along said "ellt line a distence of 845.3 feet; thence on a bearing of East a distance of 661.8 feat; thence South 1034'lJ" East to aaid Northwellterly riiht-of-wa) line; thence Southwe~ter1:. ':.0 the point of barinninl!; ill the South 10 feet of the West 100 feet of Lot 1, Bleck I, Pebble Brook Addition, according to the recorded plat thereof, !lennepin County, l'J.nneeots, and of the locstier It doell not purport to __~ _ ~____ 4~-____ Exhibit B BOUNDARY SURVEY .. Scale. · Date I . I o I 1" = 60' 6-1k-82 Iron IIIIrker found Iron :lIlrk'!r set ~ . . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29, NOVEMBER, 1983 RE: CARLSON, VERN - VINE HILL FLORIST PROPERTY REZONING FILE NO: 405 (83.47) In April of 1982 the City reviewed a request by Mr. Roger Anderson to correct a zoning boundary error on the Vine Hill Florist property (see attached staff report from Northwest Associated Consultants, dated 1 April, 1982). Although the City Council agreed at the recommendation of the Planning Commission and staff to correct the zoning boundary, an error was discovered in the applicant's legal description, and he was directed to submit a correct description. The applicant apparently lost interest and did not pursue the matter. Mr. Vern Carlson, the owner of the property has now submitted the correct legal description and we have scheduled a new Public Hearing for the Planning Commission meeting on 6 December, 1983. Since nothing has changed from the original request we have simply attached the original staff report and minutes from the Planning Commission and Council meetings at which the request was considered for your review. If you have any questions feel free to contact my office prior to the Public Hearing. BJN:pr cc: Doug Uhrhammer Gary Larson Jim Norton Sue Niccum Vern Carlson A Residential Community on Lake Minnetonka's South Shore .5~ . NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM FROM: DATE: RE: FILE NO: Shorewood Planning Commission, Mayor and City Council Brad Nielsen TO: 1 April 1982 Vine Hill Florist Property - Rezoning 656.09 (82.02) Mr. Roger Anderson is in the process of purchasing the Vine Hill Florist property located on the south service road of Highway 7, approximately 150 feet west of the Vine Hill Road intersection. His intent is to relocate his canvas and upholstery shop from its current location in Mound to Shorewood. When Mr. Anderson checked with City Hall to find out what re- quirements the City has for opening a new business, he discovered that the property in question was split between two distinctly different zoning districts. As shown on the attached exhibit, the north half of the property is located in the C-3, General Commercial District, while the south half is zoned R-l, Single Family Residence District. Mr. Anderson has requested that the City correct this situation prior to his finalizing purchase of the property. Discrepancies between zoning district boundaries and property lines are not uncommon, particularly in older zoning maps. While Section 17 of the Shorewood Zoning Ordinance contains "Rules for Interpretation of District Boundaries", it does not address this specific situation. Paragraph (6) of that section provides that the Planning Commission interpret the boundaries in such cases. In our opinion, the problem is the result of an oversight on the part of the City. This is evidenced by the fact that the district boundary not only divides the lot, but also divides the existing structures. Since the two zoning districts are mutually exclusive in terms of permitted uses, the property is virtually unusable in its current status. 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 '.... >~:'~. ~. . . . I ., '!-\ ,..... . ""\ .:~ S -... '7 . '.....1 ' I : i j \...i z.. ',-, ._.1 ',.. ,::'c. a LlI _ . . - . ~.~ ~...o.... ~ r>"; ,. -;.> .... "= -? ~4f> ........ 'S9d''70"()S~Z'' YI~ +i I u.... ~. V)lNO.1]NNIW.:/O All'::> ~ I ~I~ ~ -;---~ I I ,,' I~ ______ " ~... t-- .' - - \ () '"""' ~. ~~ ~ ~~'-> - 01 aurA ~~ !/ ~e I I '!la' ..'--1 __ r-- (10/ · 0 ~ ~ -::V ~ ~ '"' ~. ...'i:.", ~~- a ~ -.i:J ~ UlfWr . Ct .;;. 'Q' ".-- - '" ~ '; '~f , '-:'~'l;wN ,-:- ,-. ~ ~~ ~ ~ Q " ~ - % s O~ .01 ~o 4JDd N 3 ~ ~\ "\ --~--\ (I) J I t.\ -~~ ~ --- \ ~~ ~ ~ ~\ '. '3 ~ ~ . . PU\NNIN; CXH<<SSIOO MI~ - 2 - APRIL 6, 1982 -A EMo1ER'S PROPERlY DIVISION CONTINUED approve the proposal corxlitional to the Engineer's approval, speeding up the ProCess for Fmner. It was noted that future selNer service might require an easement on the north side of Lot 4. Leslie nx:>ved that the Planning Coomission recoomend the proposed lot split be sent to the City Council for approval subject to an Engineering report satisfying the ques- tion of a safe am feasible access. Spellman seconded the motion. 'The nx:>tion carried unanimously. 'The Planning Commission recessed from 7:57 P.M. to 8:01 P.M. + PUBLIC HFARTh~ - REZOOJ:N; APPLICATIOO - VINE HIlL FLORAL PROPERlY t -l Planner Nielsen presented the background on the Floral property at 19465 State High- way 7. 'The property in question was split-zoned C-3 to the north, R-1 to the south. 'The prospective l::uyer, Mr. Roger Anderson, wuuld like to see the entire property zoned Catmercial. Nielsen noted that the zoning discrepancy is a result of a City "house-keeping" error, not unccmnon in older zoning maps, and it should be resolved. Planning Coomission members discussed the zoning to the west and south which is Resi- dential (R-1), and to the east which is Camtercial (G-3). It was mentioned that the adjacent Burger King property might have the same zoning problem. Listeners from the atrlience had questions regarding Carmercial zoning - its require- ments and restrictions, and the permitted uses. Chairperson Stover read the section of Ordinance #77 pertaining to the G-3 district. She also pointed out that the proJr- erty in question has been used as G-3 over the years am was Grandfathered into the current zoning regulations. 'The present building on the site meets the size restric- tions outlined in the ordinance. Mr. ~rtensen, neighboring property owner had questions relating to property lines on the map. 'The Planning Coomission and the Planner suggested he contact the County sur- veyors for a clarification. 'The public portion of the meeting was closed. The Commission members agreed that the City's zoning error should be cleared. Spellman nx:>ved, Leslie seconded, to recarmend to the Council that the south portion of the tract of land known as the Vine Hill Floral property be rezoned G-3. The nx:>tion carried unanimously. The Public Hearing was closed at 8:12 P.M. SITE PlAN RE.VIEW - IMDeC Mr. Irwin Mandel of IMDeC presented his proposal to develop an 18 unit multi-family aparbnent complex at the southlNest comer of Glen Road and County Road 19. He stated that the proposed project fits the R-4 zoning district requirements for height, width, depth, lot coverage, size am parking requirements. If the lNest side of the property is considered to be the rear, the building could be nx:>ved t~ feet east to match the rear setback requirement. 'The building as planned ~u1d be graded away from adjacent property am any collection of water wuuld be diverted into a culvert at County Road 19. Mardel stated the ratio of b..ti.lding-to-lot ~u1d be small am that the acc\.ll'l.l1a- tion of water ~u1d not be too great. 'The access ~u1d hopefully be a direct one to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL Ii, 1~~2 . . cOUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:35 P.M. on Monday, April 12, 1982 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: Present: Mayor Rascop, Councilpersons, Gagne, Haugen, Shaw, and Leonardo. Staff: Attorney Penberthy, Engineer Norton, Administrator Uhrhammer, and Clerk Kennelly. APPROVAL OF MINUTES - MARCH 22, 1982 Moved by Leonardo, seconded by Haugen, to approve the minutes of March 22nd with correction under "Revised Mechanical Electrical Amuse- ment Devices" to read - Haugen moved to table indefinitely for further revisions. Motion carried unanimously. REZONING - VINE HILL FLORIST PROPERTY RESOLUTION NO. 40-82 m e 0 rcel of property located at 19465 State Highway 7 to C-3 Zone. Presently, this property is split into two zones - R-l and C-3; with the use being C-3. Moved by Haugen, seconded by Gagne, to rezone the entire property in the C-3 district. Roll call votes - 5 ayes. Motion carried unanimously. ENGINEER'S REPORT A & K CONSTRUCTION - Voucher #4 RESOLUTION NO. 41-82 The Engineer recommended payment of Voucher #4 to A & K Construction for Badger Field Pumphouse, Project 80-WTP-l, in the amount of $7,945.15 holding back $1,000 for the final completion and also to approve the change order presented. Haugen moved, seconded by Shaw, to approve the change order. Motion carried unanimously. Shaw moved, seconded by Rascop, to approve the payment of voucher #4 as changed. Motion carried unanimously. PLANNING COMMISSION REPORT Kristi Stover, chairperson, recommended approval of the Emmer Division with the recommendation of safe access onto Covington Road. A request to have all material submitted for reviewal at meetings; to be received no later than 5 days in advance or be moved to the following meeting. Planning Commission would like the Planner to attend the study meeting for the revisions of Zoning and Subdivision Ordinance. Funds to pay for this can possibly be taken from re-allocated CDBG funds. MEMORANDUM TO: FROM: DATE: RE: FILE NO.: . . 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 DECEMBER 1983 NEWVECTOR COMMUNICATIONS, INC. (FORMERLY KNOWN AS NORTHWEST A.M.P.S.) - CONDITIONAL USE PERMIT 405 (83.30) At its 6 September meeting the Planning Commission recommended to the Council that the Zoning Ordinance be amended to include telephone switch stations and accessory antennae as a conditional use in the C-3, General Commercial District. After three readings of the proposed amendment the Council adopted the Ordinance attached as Exhibit A of this report. Now that the Ordinance is in place, a public hearing has been scheduled for 6 December 1983 to consider a request by NewVector Communications for a conditional use permit to locate their facility in Shorewood. A staff report dated 2 September provides the background for the request and is enclosed herein for your review. As noted in the original staff report the applicant's site plan would be evaluated after the zoning issue was resolved. The site plan is consistent with the requirements of the C-3 Zoning District. The Ordinance which allows "the facility by C.U.P. contains no additional requirements in terms of setbacks, height restrictions etc. However, it does require that the site be landscaped with low maintenance plant materials. In this regard any approval should be contingent upon an acceptable landscape plan for the site. BJN: sn cc: Doug Uhrhammer Gary Larson Jim Norton Tom Harraka Sue Niccum A Residential Community on Lake Minnetonka's South Shore ( . ORDINANCE NO. . 150 AN ORDINANCE AMENDING ORDINANCE NO. 77 IN THE CITY OF SHOREWOOD An ordinance amending Ordinance No. 77 in the City of Shorewood, being an ordinance for the purpose of promoting the health, safety, order, convenience, prosperity, general welfare, by regulation of the use of land, location, area, size, use, and height of buildings on lots and the density of population in the City of Shorewood, Minnesota. City Council of the City of Shorewood does ordain: Section 1. Ordinance No. 77, Section 25, Subd. 3, shall be amended by adding the following: "C. Telephone switching station and accessory communication antenna, provided: 1. That the site shall be landscaped with low maintenance plant materials. 2. That any building shall be of decorative masonry construction. 3. That the facility shall not interfere with other communication systems. 4. That no signage is allowed. 5. That the facility shall comply with requirements of Section 7 of this Ordinance." Section 2. This Ordinance shall be effective from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, this 24th day of October , 1983. Robert Rascop, mayor ATTEST: Sandra L. Kennelly, City Clerk Uh, O\t A I \ ..' MEMORANDUM TO: FROM: DATE: RE: FILE NO.: BACKGROUND (e (e MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 2 SEPTEMBER 1983 NORTHWEST A.M.P.S. - TELEPHONE SWITCH STATION AND TRANSMISSION ANTENNA 405 (83.30) Mr. Tom Harraka, representing Northwest Advanced Mobile Phone Service (A.M.P.S.) has requested that his company be allowed to locate a telephone switch station and transmission antenna in the City of Shorewood. The facility is one of sev- eral to be located in the metro area as part of a nationwide system to provide mobile telephone service. The request includes construction of a 22' x 25', one-story structure, and a "monopole" antenna 150 feet in height, supporting a triangular platform containing transmission equipment. The proposed location of the facility is at the rear of a site currently oc- cupied by Moore's Auto Sales, 24283 Smithtown Road (see Exhibits A through C, attached). Current zoning of the site is C-3, General Commercial. Surrounding land use and zoning are as follows: North Minnetonka Plaza Shopping Center (Tonka Bay), zoned commercial Minnetonka Transmission, zoned C-3 Shorewood Public Works Garage, City Hall parking lot and Badger Park, zoned R-2 Vacant lot, then Village Pump gas station, zoned C-3 East South West Shorewood's current Zoning Ordinance does not address facilities such as the A.M.P.S. facility. Consequently, staff has had the applicant apply for a Zoning Ordinance amendment to address the issue. A Residential Community on Lake Minnetonka's South Shore I , (e Ce Planning Commission, Mayor and City Council 2 September 1983 Page Two ISSUES AND ANALYSIS A. Use. The current Zoning Ordinance contains no reference to facilities such as the one proposed by Northwest A.M.P.S. Therefore, the City must determine whether the proposed use is acceptable within the C-3 District, and if so, whether it should be considered as a permitted use or a conditional use. The applicant maintains that the switch station should be considered an "essential service" and should be grouped with public utility facilities such as power and telephone lines. Shorewood's Zoning Ordinance contains only one reference to essential services. Section 11, Subd. 5 states: "The height limitations stipulated in this ordinance shall not apply to the following: A. Essential Service Structures, Architectual Features, Etc.: Church spires, belfries, cupolas and domes, water towers, transmission towers, flag poles, aerials and elevator pent houses." We checked with two other cities, Anoka and Woodbury, in which A.M.P.S. has applied for similar facilities, to see how those cities were addres- sing the request. The following are brief summaries of how the request was handled. 1. Anoka. The site in Anoka was a 60' x 85' parcel of land surrounded by residential structures. The area is planned and zoned for future industrial use. Their Zoning Ordinance allows television and radio broadcasting antennae with no height limitation by conditional use permit. The request was approved subject to A.M.P.S. guaranteeing that the system would not interfere with other systems and subject to landscaping the property. 2. Woodbury. The facility in Woodbury is proposed for a 45' x 100' site located in a rural agricultural area not planned for develop- ment until the year 2000. They classify the facility as an "essen- tial service". Their definition of essential service is extremely similar to that which is proposed in Shore~ood's new Zoning Ordinance: "Essential Services. Overhead or underground electrical, gas steam or water distribution systems and structures or collec- tion, communication, supply or disposal systems and structures used by public utilities or governmental departments or commis- sions or as are required for the protection of the public health, safety or general welfare, conduits, cables, fire alarm boxes, police call boxes, and accessories in connection therewith but not including buildings." . I (e (e Planning Commission, Mayor and City Council 2 September 1983 Page Three They require limitations. lowing: a conditional use permit in order to exceed normal height Their staff has recommended approval subject to the fol- a. Brick exterior Burglar alarm Slope no more than 3 to 1 Planting of grass seed b. c. d. From a land use perspective the intensity of the activity proposed is minimal. The building is quite small and substantially hidden from view by the Public Works garage and existing vegetation. Except for periodic maintenance the facility would be unmanned, resulting in negligible traffic on County Road 19. The major concern is undoubtedly the height of the antenna mast. To get some idea as to how high 150 feet is we checked the height of several tall struc- tures. Possibly City officials would want to take a look at the following: standard power poles in residential areas are 35-40' high large power line structures along 1-494 range from 110 feet to 140 feet depending on respective elevations the water tower located in the southeast quadrant of 1-494 and Highway 7 is approximately 200 feet in height Bear in mind that the proposed monopole is much less obtrusive than either of the second two examples. A photograph of the switch station and monopole is shown as exhibit D of this report. B. Site Plan. If the City determines the facility to be generally acceptable, the next step is to evaluate the proposed site plan, shown as Exhibit C of this report. The addition of the switch station constitutes a second principal use which is permitted under current zoning. Although the applicant had originally intended to purchase the rear of the lot in question, staff strongly recommends against allowing a subdivision of property which would result in a lot with no frontage on a public street. The proposed site plan conforms to the setback requirements of the C-3 District. Although a previous plan showed the building only 10 feet from the rear lot line, the applicant has revised his plan to conform with the 50 foot setback adjacent to an "R" District boundary. RECOMMENDATION If the proposed use is considered acceptable the City should determine whether it should be classified as an essential service or specifically defined sepa- rately. If considered to be an essential service the City may wish to change Section 11, Subd. 5 to allow structures over a certain height by conditional use permit. Possible conditions of such a c.u.p. might include: '" .101 ~ ~ I ~ I "t ..1 "" fthf 1d - IZ -:r 1.01 ~ '" .... '\l ~ ~ C\I - o % .(.) . . :. i\ I&J ~. 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'If' ...... .': ,i I ~..~~ ~ ..... ""': ~: -. .-;;;p- ". ~I. r' .~ " : ~. t ~t r-....'; . . ~ -- ",_, ~" I ..... F""' ."- r ., ." ... #. "" ... \ (. .~ --. c::.. ,-, .._.... 1 ..~ L.'9 ~' . ~ L .').... '" L..:..J ~ ',-. '! --) b ,",,', :l \... ~ C) 'i I~\\ I 11' , 't 4>. -. / ~~. ~ -z. \ 0) ~ I / ~ / , --l-- ... o lQ t lD ? .~ ~ ..' 'i 'G L ~ '% 'i \ u. ~ "- -.::> ca; III ~\ "\ lD on -.::> 0 -z. ~ -.::> I-'" lS) ... " 'Z \ \ \ \ (~ \ \ .~ . l. "':... -,,' ""-~;> 0."~ OO'Sg .2 ---/ \. #' - l'" - - .. ". .. ~ .. ~1'l , ..... I /" ..... - 0 --... '" . ....- _ -:Jt1 _ g14 /".... . ' .- 4 ~ ( .. -.._- ~ _-' 00..92 ~6'. \ I I ("....- - .-::~._ - IS'~ ~~t., -........... :--... LZ i01 i~ ,...--..- ~<S- ($-" ' .... ~ 3Nl1 iS3-'\ 3Hi ... I '(' ~ v HilM 13111t1:ll7d S3N 1 >> t..~ IS' J.6'~ ~ , . J .. ,W. . . ... ~. ,,-. ' .C) #. . 'I.. ., . .. . .........-- 'Z ~ ~'5 Ii '1~o ~i~ cr.~'Z 4,""~ Go z.o ~'G'i . ~ 'Iii 4,,"'" L ," ..., ., .' . , - ~:.,-) . ""7 ,..::. ,......, ,,,. t . , Ll_ ,., l > \ - , , I ,"- ~ ," . \ !._J , "-, ( , --' -:-r " 1 \.,. ~---' ~ ....3' ~ :~ 'r-! rn ..0 .r-! Pi1 ~~ , .-.. SlA\1'" 10. ~Ofa.O . I ...' . \ ~ , I I I , , , " , , , , I , I l--- t ~..\tA \..0 ~O 986 . ~ 81 TUMINUS - - - --- A\Jto ~..\c') /~~ . N.1tk frOP~1 A 6wit6~ ~t'.W\ BUILDING SE TBAC K Ll .. Telco "Elee . Treo< ~~oo. Depth 30. , .,~. Depth 42. ",' . ...."1.;... Direct Bur1ed ~ ..us I WE ESIINT. FOR .-as _ UTlUTIEI \ '\ .. Exhibit C __ PROPOSED SITE PLAN - I 7' High Chain Link Fence AI /3 Strand. CONVEYANCE OF FORFEITED LAND. Issued pursuant to Minnesot. Statutes, Section 282.01, Subdivision 1. Dated Nov. 10, 1960. Recorded Dec. 28, 1960. Book 2285 of Deeds, Plge 358. Doc. No. 3270024. Lots 13 and 15. Block 12. M1nnetonka "ano .". .the Board of County Commissioners of the County of Hennepin, State of M1nnesota, has recommended to the Commissioner of Taxation by resolution adopted on Nov. 1, 1960, that such conveyance be made. ...to be used exclusively for storage of road equipment and road repair materials. . ..so long as it shall continue to use said land for the purposes aforesaid, and upon condition, that if such use shall cease said land shall revert to said party of the first part ~s provided by law. RECONVEYANCE OF PORTIONS OF FOREFEITED LANDS TO STATE OF MINNESOTA BY GOVERNMENTAL SUBDIVISIONS. Resolution No. 19-80. Dated Feb. 11, 1980. Recorded May 11, 1982. Doc. No. 4715746. Whereas, said governmental subdivision ...has abandoned the public use for which such land was conveyed, and now desires to reconvey said lands to the State of Minnesota, as such trustee...as provided by Minnesota Statutes, Sec.281.25. Lot 15, Block 12, Minnetonka Manor. (For further particulars, see record.) Hennepin County, Hin~ot. to The State of Minnesota. l02.The State of Minnesota, by The Com.tssjoner of Taxation to Village of Shorewood. ~ 103.City of Shorewood it 11 I: " to The State of Minnesota, as trustee. _........,1 "1oI~.' 01 "'&."I.LrA"I'\I~. Executed suant to Subdivision (F) of Section 8, Chapter 278, laws 1935; Dated Oct. 21, 1959. Recorded Nov. 4, 1959. Book 2233 0' Deed~. Page 335. Doc. No. 320S6J2. Lot 13, Block 12, "innetonka Mano~. ...to enforce the payment 0' taxes delinquent on real estate for the year 1952... ..,>. ~.< .'. ~ .'. 104.City of Shorewood RECONVEYANCE OF PORTIONS OF FOREFEITEO LANDS TO STATE OF MINNESOTA BY to GOVERNMENTAL ~UBDIVISIONS. Resolution No. 19-80. The State of Minnesota. as trustee. Dated Feb. 11, 1980. Recorded May 11. 1982. Doc. No. 4715747. Whereas, said governmental subdivision ...has abandoned the public use for which such land was conveyed, and now desires to reconvey said lands to the State of Minnesota, as such trustee.. .as provided by Minnesota Statutes, 5ec.281.25. Lot 13, Block 12, Minnetonka Manor. (For further particulars, see record.) ;., ;','" . It) ~ C) "t- ~ \a ~ f'<) C~ 0:': .. r..- 1-": r. LC) ('oJ !/ " () L1.j rJj , . . . ~ ,} ?L 7 / 7~f:? ,I I / c-:> /; / 'c-> , /~ 1':~-I_,",,-c.-v-'-.-<-l- ~ ~<--<- /-<..-: (_~::,,_""a y' l._, . (. ~"'~r' -'! "J ":~'"-/"~-7'''I-'<-::'-;:7_,",.l~. '"'t.-./ ,- . . -'?7 c. /--L-..z_~___-2 ee.. ._1!~ _~~~,L~.//~'~~~~,-./ <,:~(', / /! /" - )'/ c:;; .~ ,_l~ f I_':"...e-P j"'-<- . (...-..-' /(~._~~ ..~ r2:~ (''c~ /J .. .~/;/) J?IZ----.! ....?-,___.- .,__L .. "'-"---C. ,.e e ..c-; ,7./'Z...,...;.....- . _.~ <-~-,1L--"..._#7.....>2- ~. . n ~Q/fl '-~~~ .:'~..~ e.._-Z__~.-' ../~~ '.~_...c..<:-..~--...:z..... -7 ./ ./ -:;r-l . -//"7, ~ (.... ,--f-'~~ '''..'''7'-./'c/~.. / " G.,. '- ---<-~__L/. {'<::/~...-c._--' ..' ~~-7"-" .-- i~'--?f-<:' ~~f:: ~ ...-~1:.~~.~ ~'-.-.......,~........-J // j ~? 'C~__....e_e:. ~~ ..T/i'.-<.-.:_..... ..., ';9-- ~'--:1r--<-- _.~ 2~~~..-:r-<-~...J .~___-t:..,-,,~ <L-, :v ~_~..LL--.J ~ ..z -3 ~- ~~ ~~ /'~~-7vA0 -"-'7"~~...--J /?--J I (. .-L ./ i . '. --...e...7~-..-::..-<.....~.-....?--.=--/'.... ":E-" ~ --- /f' .:1 C~.. c;. ~~~~ e ... II c/ " .. .j. ^" '- -, ~ (:) ~ .(66) l i. -- \ '.(8\- I ./ - .. 5 r5 ,..1' ) ~ 03(51)1.---;---- 11\ q 209 " 210 JI "~/ilJ.( : ,?"\,:,O ~ -: - (1.~) --~ I ~(,),' ~ ~ ~'!~__, _ I -" ! r V -s-qq5 11:fJ\ I ,_ / ~ J 23P...!.,___ __~_. ~..:...__I~1) -.... i:l~ ,::.. ~J I I " I ~ ~ At. I 66 f"\ \" \ 5\0 U~v . " Q) ~l .... " , , ~ ' . "" ~ t " .. r <wi .. '" '\ ~ t \... '"l 170 169 , , --- .0 ~ " i,{} Ii ~) , . .;..,:--, .. . '. .., \2-) - ((/:I:Y(,-:; " _i..-~ >,. 173 '63 : //~~ / "~'I- ~. -~ CO .'1// ,/'< .~"" ~" , " ..:-. . . . :x\:'~ , "\ 172 t " c~... :..;. (21) GO I I (A) I \ I ..., I ;; 'C, I ~ ~. '~.... ~ ~O ., t. :,..~t ::~ ".\1> c' I~' ,\'.~'. 8~ 't~.~ )' 'J,~.'~ -~ -."'.j " ..... -- ~",. . ? ~...t-:_,_...: , , I / , /... , / <~~;' / -- - --- \-:~ :, " ./ ,/ '._~ "'~ c.'1 \ ,~ ., -- tJ, '& -\-~l- ,~ -c-~~- ..~~. / .\........... --... 1'_ /F .... / ~~ . V,CLLAG '-r -.. .( 1 , \ ~ ........--_ r~ r r 7.,. . ^ ~., "'v'-j'~", .~. . 1:;;'- .-' ~ t ~;:) ~ , ., , If\ ~ ../ 174 0) F SHOREWOCO " '" :.... .... " 164 {jJ7:.ffD 278 (/0) , f*A. 9~/ ~.'~ '" .~ tf."...,ooO '"~'I-''''',''' ')" .s," "",":0' ",. J5" ....... 2G 32.02 ((S5, ~\ Iff ,j'rrO @. (~ l\ F~ \.j .. Check # 27859 27860 27861 27862 27863 27864 27865 27866 27867 27868 27869 27870 27871 27872 27873 27874 27875 27876 27878 27877 27879 27880 27881 27882 27883 27884 t. 27885 27886 27887 27888 27889 27890 27891 27892 27893 27894 27895 27896 27897 27898 27899 27900 27901 27902 27903 27904 27905 27906 27907 27908 27909 27910 27911 27912 27913 GENERAL FUND - BILLS PAID SINCE OCTOBER 24, 1983 TO WHOM PAID Central Life Group Ins. St. MN Dept Rev. Petroleum Div. Minn. Society of CPAs Colonial Insurance St. MN Dept Rev. Petroleum Div. Gunderson Homes League of Minn. Cities Dennis Johnson Mary Kennelly Doug Niccum Northwestern Bell Telephone League of MN Cities Ins. (EBA) Evelyn Beck Roger Day Roberta Dybvik Sandra Kennelly Brad Nielsen Sue Niccum Bob Quaas Dan Randall Doug Uhrhammer Don Zdrazil Minnetonka State Bank Brad Nielsen National City Bank of Mpls. Norwest Bank of Mpls. N.A. Associated Asphalt Inc. Earl F. Andersen & Assoc. Inc. Chaska Parts Service Domtar Industries Inc. Hance Our Own Hardware Key Leasing Inc. Mary Kennelly Louisville Landfill Inc. Gary Larson, P.A. Latterner Excavating Long Lake Ford Tractor Leef Bros. Inc. Metropolitan Waste Control Miller Davis Co. Municipal & Private Services Inc H.C. Mayer & Sons Inc. Wm. Mueller & Sons Inc. Midwest Asphalt Corp. Minnegasco H.C. Mayer & Sons Inc. Navarre Hardware Northern States Power Co. Orr-Schelen-Mayeron & Assoc. Inc Pam Oil, Inc. Quality Office Products PURPOSE November Premium VOID License Professional Education November Premium Fuel Tax - October Escrow Refund/Recpt # 3556 2 1983 Minn. Mun. Official Directory salary VOID Clean City Hall/6 hrs. @ 7.00 Salary Cresent Beach Phone - Final Billing Worker's Compo Renewal Salary " " " " " VOID Salary " " " FWH Taxes Mileage 10/13 - 10/26 $415,000 Sewer Improve. Bonds 12/1/71 Sewer Imp. Ser. A. - 6/1/72 Issue Invoice # 4506, 4522, 4546 Invoice 045342 October Equip. Maintenance Invoice 78747 & 78751 General Supplies Lease Paymt. - Copier - November Clear City Hall - 3~ hrs. Dumping Fees - October Attorney Fees - October Grading Off Manor Park VOID POI 6402 - 10/28/83 Laundry Service - City Hall Garage November Sewer Services Office Supplies (Dog Tags & Links) ANimal Control - October P.O. #6247 - Gear Lube October - Road Materials Road Materials Fuel - Amesbury Gasoline Purchases Small Tools Lift Stations, Street lights, etc. Inv. 033-3394/3381/3380 Solvent Copy Machine Supplies AMOUNT $ 1,762.38 -0- 10.00 210.00 103.00 95.$2 1,000.00 21.50 523.27 -0- 42.00 32.04 52.03 6 , 321. 00 596.46 548.57 373.84 495.31 626.05 393.39 -0- 568.92 523.27 785.85 649.40 1,150.80 34.76 30,435.00 31,755.10 1,175.99 265.90 245.22 858.25 13.57 223.30 22.75 70.00 1,351.60 560.00 -0- 45.89 Uni. 160.20 15,776.31 188.68 185.00 144.90 540.13 790.34 33.55 307.14 25.06 886.99 3,201.64 23.24 126.88 .. Check # 27914 27915 27916 27917 27918 27919 27920 27921 27922 27923 27924 27925 27926 27927 27928 27929 27930 27932 27931 27933 27934 27935 27936 27937 27938 27939 t. 27940 27941 27942 27943 27944 27945 27946 27947 27948 27949 27950 GENERAL FUND - BILLS PAID SINCE OCTOBER 24, 1983 - Page Two TO WHOM PAID Reynolds Welding Supply Co. Red Wing Mobil Service Risk Control Inc. Quality Quick Printing SLMPSD Sun Newspapers Satellite Industries Inc. Tonka Auto Body Supply Inc. Viking Steel Products inc. Widmer Bros. Co. Inc. Ziegler Inc. Warner Tru Value Hardware Inc. Director of Property Taxation U.S. Postmaster State Treasurer PERA City of Excelsior City of Mound John's Welding Services Inc. Anderson Inc. DNR - Div. of Waters Wong's Chow Mein Evelyn Beck Roger Day Roberta Dybvik Dennis Johnson Sandra Kennelly Sue Niccum Brad Nielsen Bob Quaas Patti Ray Doug Uhrhammer Don Zdrazil Dan Randa 11 PURPOSE PO# 6225 - Shop Supplies $ Tire Repair PO 6244 Insurance Service Newsletter November Police Protection Legal Publications Satellite Services - Parks PO 6245 - Shop Supplies Storm Sewer on Chaska Rd. PO 6401 - 10/31 Inv.#3506 October Purchases -Equip Parts Inv. V76215 - Cleaning Supplies Real Estate Taxes Postage stamps PERA 11 /9/83 4th Quarter Fire Contract 4th Quarter Fire Contract VOID PO# 6215 Equip #11 Weld Drag Grader Purchase of Grader Permit Fee for Boulder Well Refund of Lie. Fees VOID Salary " " " " VOID Salary " " VOID Salary " " " AMOUNT 17.30 4.50 200.00 71. 92 18,750.00 45.08 76.00 2.94 2,273.13 30.00 31.60 5.65 1,841.11 160.00 659.27 8,011.25 667.01 -0- 545.93 4,500.00 30.00 70.00 -0- 596.46 535.22 431. 11 535.22 495.31 -0- 425.92 626.05 580.87 -0- 209.93 785.85 649.40 551. 98 150,748.00 " , .. Check # 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 ( 1549 1550 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 LIQUOR FUND - BILLS PAID SINCE OCTOBER 24, 1983 TO WHOM PAID Ryan Properties Harry Niemela MBA Central Life Group Ins. Johnson Bros. Wholesale Liq. Co. Twin City Wine Co. Johnson Bros. Liquor Co. Griggs Cooper & Co. Inc. Ed Phillips & Sons Co. Quality Wine & Spirits Co. P Q & C Automation Minter- Weisman Co. Harry Feichtinger Russe 11 Marron Don THaralson Stephen Theis Sue Culver Pat Pfeffer Mary Skraba Roger Devereaux Dean Young Minnetonka State Bank Northern STate Power Co. Johnson Bros. Liquor Co. Twin City Wine Co. Griggs Cooper & Co. Inc. Eagle Wine Co. Quality Wine Co. Quality Wine & Spirits Co. Mark VII Sales Inc. Thorpe Distributing Co. Pepsi Cola Bottling Co. Coca Cola Bottling Midwest Inc. U.S. Postmater State Treasurer, PERA Minn. Victoria Oil Co. Minnegasco A Sales & Service Co. Alarm Services G & K Services Griggs Cooper & Co. Inc. Johnson Bros. Liquor Co. Intercontinental Packaging Co. Ed Phillips & Sons Co. Johnson Bros Liquor Co. PURPOSE November Rent November Rent Insurance :H. Feichtinger November Premium Wine & Liquor Purchases Wine Purchases Wine Purchases Liquor Purchases Wine purchases Liquor Purchases October Ice Purchases Cigarette & Candy Purchases Salary " " VOID Salary " " " " " FWH Taxes - 11/9/83 Electricity Wine & Liquor Purchases VOID Wine Purchases Liquor Purchases Wine Purchases Wine Purchases Liquor Purchases October Beer Purchases October Beer Purchases Pop Purchases Pop Purchases VOID Postage PERA - 11/9/83 VOID Fuel Fuel Purchase Ceiling Lites Alarm Service Laundry SErvice - October Liquor Purchases Wine & Liquor Purchases Wine Purchases Wine Purchases Wine Purchases AMOUNT $ 2,540.83 882.50 10.85 416.96 1,051.21 523.48 182.07 3,032.85 686.71 1,272.06 40.00 629.04 638.53 426.40 155.23 -0- 256.12 89.45 105.05 91. 25 274.86 333.38 306.50 319.29 320.85 -0- 219.42 2,174.70 452.79 713.55 693.32 1,260.96 3,539.70 147.00 208.75 -0- 40.00 302.32 -0- 89.14 83.28 70.92 255.89 36.20 2,384.97 2,145.04 128.35 810.31 171.33 . " Check # TO WHOM PAID LIQUOR FUND - BILLS PAID SINCE OCTOBER 24, 1983 - Page Two 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1593 1590 1591 1592 ( Ed Phillips & Sons Co. Prior Wine Co. Quality Wine & Spirits Co. Day Distributing Co. A.J. Ogle Co. Inc. Minter- Weisman Co. Frito Lay Inc. MN Dept of Revenue Unit A Harry Feichtinger Russell Marron Don Tharalson Stephen Theis Sue Culver Pat Pfeffer Susan Latterner Mary Skraba Roger Deveraux Dean Young State Treasurer - PERA Minnetonka State Bank State Treasurer - Soc. Sec. Fund Commission of Revenue Inc. Tax PURPOSE Wine Purchases Wine Purchases Liquor Purchases October Beer Purchases October Beer Purchases Cigarette & Candy Purchases Misc. Purchases Sales & Use Tax - October Salary " " " " " " " " " VOID PERA - 11/23/83 FWA Taxes 11/23/83 Salaries November SWH Taxes AMOUNT $ 342.66 302.99 807. 77 2,108.57 776.60 602.31 60.02 4,508.77 649.38 426.40 167.59 256.12 81. 73 71.84 45.72 95.35 274.86 333.38 -0- 302.32 300.40 583.14 333.00 43,944.33