PC-10-19-10
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, 19 OCTOBER 2010 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Geng called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Chair Geng; Commissioners Vilett (arrived at 7:14 P.M.), Davis, Arnst, Hasek, and Hutchins;
Planning Director Nielsen; Council Liaison Woodruff
Absent: Commissioner Ruoff
APPROVAL OF AGENDA
Arnst moved, Hasek seconded, Approving the Planning Commission Agenda of October 19, 2010 as
presented. Motion passed 5/0.
APPROVAL OF MINUTES
October 5, 2010
Hutchins moved, Arnst seconded, Approving the Planning Commission Meeting Minutes of October 5,
2010 as presented. Motion passed 5/0.
1. DISCUSS ZONING CODE AMENDMENTS
Nonconformities
Director Nielsen explained that during review of a case earlier this year it became apparent that certain parts
of the current City Code needed to be updated to comply with state law. Nielsen said he discussed the Code
sections that required attention with the City Attorney, and he reviewed them with the Commission.
One significant change concerns nonconforming structures that have fallen into disrepair or destruction.
Current code restricts reconstruction or repair to no more that 50% of the building’s value, and the state
statute would allow complete replacement. Much of the remaining required amendments are basically a
matter of exchanging certain words that have minimal impact on the original intent.
In reference to Subd. 1.h. “Whenever a lawful nonconforming use of a structure or land is discontinued for a
period of more than one year, following written notice from the Zoning Administrator, any future use of the
structure or land shall be made to conform with the provisions of this chapter.”, Nielsen said that the written
notice is not legally necessary, and that documentation of the timeframe would be noted for the record
instead. Councilmember Woodruff inquired about the actual meaning of this provision and discussion
regarding the difference between nonconforming use versus structure ensued. Director Nielsen agreed to
have this clarified by the City Attorney.
PLANNING COMMISSION MINUTES
19 October 2010
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Nielsen said in an effort to maintain some control over nonconforming accessory structures, properties
containing such structures may be ineligible for conditional use permits to exceed the maximum number of
buildings or total square footage permitted by the zoning district.
Councilmember Woodruff suggested that the term “required yard” include the word “setback” so it has a
clearer meaning.
The Commission agreed that a draft amendment should be reviewed prior to the actual public hearing.
Trash Enclosures
In recent months one of the commercial properties in Shorewood has been keeping their dumpster in front of
their building and has been drawing complaints about unsightliness. The City Code has no specific
requirements for trash enclosures, and the City Council has directed staff to prepare an ordinance addressing
the situation.
Director Nielsen said that most other cities impose trash collection standards on new as well as existing
establishments. The proposed provisions for trash enclosures are outlined in the staff report dated October 9,
2010. He pointed out that the proposed code would also apply to residential unless there is an exemption.
Commissioner Arnst said she thought residential should be exempt from having to enclose trash receptacles
as there is not always enough room in the garage, but there should be some requirement that they be removed
from the street after trash pick-up. Other Commissioners agreed and discussed the idea of a setback for trash
containers. Nielsen suggested that it be an allowable encroachment, five-feet into the required setback. For
example, a fifty-foot setback would allow the trash container to be forty-five feet from the front lot line.
Commissioner Hutchins asked if there is a setback requirement for compost containers. Nielsen said they are
supposed to be within the buildable area of the lot.
Arnst asked if a permit will be required for trash enclosures. Nielsen said a Zoning Permit should be
required, but that issue is unresolved so there is no system for Zoning Permits as yet.
Arnst asked how this will be enforced, and if there will be a penalty for noncompliance. Nielsen said all
commercial property owners would be notified of the public hearing so they are aware of the proposed new
law and if the ordinance is adopted, follow-up with a letter requiring them to comply. The Administrative
Enforcement ordinance imposes financial penalties for code violations.
Nielsen asked if two-family dwellings and apartment buildings should have the same exemption as single-
family. Commissioner Hasek said most of the time those are rental properties and should not be exempt.
Commissioner Vilett said two-family dwellings usually don’t have any more garage space than single-family.
After some discussion it was decided that the exemption to enclosure requirements would apply to single and
two-family dwellings, but they would be required to remove the containers away from street after pick-up.
A draft of the proposed code amendment will be provided for review at the next meeting of November 16.
2. MATTERS FROM THE FLOOR
None.
PLANNING COMMISSION MINUTES
19 October 2010
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3. NEW BUSINESS
Commissioner Arnst asked when the Smithtown Crossing overlay rendering would be done, and who the
developer of Town Square of Golden Valley was. Nielsen said he would try to have that information by the
th
next meeting of November 16, as well as information from MNDot regarding signal lights and the Galpin
Lake Road intersection plans. Arnst also asked about the T-Mobile public hearing. Nielsen replied that the
applicant had requested it be postponed.
4. DRAFT NEXT MEETING AGENDA
The meeting of November 16 will include the rescheduled Public Hearing for request of a C.U.P. by T-
Mobile to locate additional antenna on the S.E. Area Water Tower; and review of the draft code amendments
regarding nonconformities and trash enclosures.
5. REPORTS
• Liaison to Council
Chair Geng reported on items considered and actions taken by the City Council at their meeting of October
11, 2010. Councilmember Woodruff noted that cell tower fees are currently being studied, as are the fees
associated with massage therapist licenses.
• SLUC
None.
• Other
Updates to the 60-day rule were discussed.
6. ADJOURNMENT
Davis moved, Arnst seconded, Adjourning the Planning Commission Meeting of October 19, 2010 at
8:30 P.M. Motion passed 6/0.
RESPECTFULLY SUBMITTED,
Patti Helgesen, Recorder