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PC-01-04-11 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 4 JANUARY 2011 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 Hasek, Hutchins, Ruoff, Vilett, Davis, and Arnst; Planning Director Nielsen; Mayor Lizee. Absent: None. APPROVAL OF AGENDA Hasek moved, Davis seconded, Approving the Planning Commission Agenda of January 4, 2011 as presented. Motion passed 7/0. APPROVAL OF MINUTES  Deferred 1. 7:00 P.M. PUBLIC HEARING – C.U.P. FOR SHOREWOOD YACHT CLUB Applicant: Shorewood Yacht Club Location: 600 West Lake Street Director Nielsen reviewed his staff report stating that in 2007, the new owners of the Shorewood Yacht Club (SYC) requested approvals to allow them to lease 50 percent of their boat slips to owners of power boats. Until that time the Club had been limited to sailboat slip rental only. After considerable deliberation by the Planning Commission and City Council, the City agreed to grant an interim conditional use permit, allowing SYC to lease 35 of its 117 slips (approximately 30 percent) to power boat owners on a trial basis per Council Resolution No. 07-075. The resolution provided that the interim conditional use permit would be evaluated in three years and, based on “the number and the nature of complaints received”, a determination would be made as to whether the harboring of 35 power boats would be allowed to continue as a permanent conditional use or whether the interim conditional use would simply expire. Nielsen reported that the applicant’s current request contains two parts. They are asking that the interim use permit be converted to a permanent conditional use permit, and they are again requesting approval to lease 50 percent of their boat slips for power boat docking. Gabriel Jabbour, owner of the Yacht Club, stated that the Yacht Club has been a benefit to the City and community residents; it provides a rental discount to residents of Shorewood who all but one are power boat owners; they are barely getting by as a business under the current regulations; they are responsible owners and managers; and no other marinas or sailing clubs in the area are restricted to sailboats only. Mike Maloney, Yacht Club manager, added that most of their customers are residents of the City, and they would not have enough customers to maintain the business if they were restricted to sailboat storage only. PLANNING COMMISSION MINUTES 4 January 2011 Page 2 of 5 Chair Geng opened the public testimony portion of the public hearing at 7:18 P.M. Nick Ruehl, 456 Lafayette Ave., Excelsior, said he bought his home in 1974, prior to the establishment of the Yacht Club. He stated that the previous owner of Shorewood Yacht Club was denied a request for power boat docking. He has had his house for sale for just under a year and, based upon comments from prospective buyers, the Yacht Club has had a negative effect on his property value. He said power boats create a different environment than sailboats. He asked how far should government go to support a business or the recreational enjoyment of the community? He said his original investment when he bought his home included the dredging company as a neighbor, but not a sailing yacht club, and especially not a marina with power boats. Commissioner Hasek asked Mr. Ruehl if he owned a power boat. Mr. Ruehl stated he did, plus one other boat that does not currently operate. Commissioner Ruoff asked if Mr. Ruehl ever rented dock space from the Yacht Club. Mr. Ruehl responded that he did not, and he has his own dock. Dale Smith, 448 Lafayette Ave., Shorewood, said that sailboats do not create much of a wake, unlike power boats, which create a big wake that is damaging to his boat and dock when they don’t obey the minimum wake limits. Ruoff asked Mr. Smith how many times the power boats have exceeded the minimum wake speed limit. Mr. Smith said he had observed at least a dozen incidents this past summer. Mr. Ruehl said if there were a formalized system for reporting nuisances and violations, he could better communicate the problems he has experienced. He said in the past, being hesitant to call 911 due to a nuisance, he or his wife called the Yacht Club directly. He reported that noise has been the main problem and it seems unusually loud when it’s projected across the water – even if it’s simply music and conversation by people sitting in their boats, but it’s very irritating. He said it occurs at all times, but most often it’s later in the evening. In response to a question from Commissioner Hasek, Director Nielsen stated that Shorewood does not have a specific noise ordinance other than reference to the decibel level regulated by the Minnesota Pollution Control Agency. Chair Geng pointed out that the Interim Use Permit references hours of operation though. Mr. Jabbour stated that he has never received a call from Mr. Ruehl about party noise, only about the sounds from the halyards swinging against the masts. He said to say there should never be any noise is unrealistic. The area is designated for public access by the State and other agencies. They have been very good neighbors and they should get credit for that. Jeff Nelson, Smithtown Road, said he rents a slip for his power boat and receives the resident discount. He said he spends time at the Club on a daily basis in the summer and does not come or go anywhere near the Lafayette Ave. residences nor has he seen anyone else do so either. He stated that Mr. Maloney is very clear about the rules. Mr. Ruehl complimented the management of the Yacht Club stating that is not what he has an issue with. He said his fear is that there will be more and more power boats allowed to dock at the Yacht Club, making it more of a marina. PLANNING COMMISSION MINUTES 4 January 2011 Page 3 of 5 Commissioner Vilett asked what the rules are for using the Yacht Club. Mr. Maloney said they include using the channel that passes by Frog Island rather than driving near the Lafayette Ave. area. There are dredged channels allowing limited access through the bay, otherwise it is shallow and weedy. He said he also informs their clients of the minimum wake laws, and has them sign a contract that would allow him to revoke their privileges if the rules are not followed. Chair Geng asked where additional power boats would be docked. Mr. Maloney said wherever there is an opening, but some of the docks are better suited for sailboats than power boats due to their length. Mr. Jabbour said they can modify the docks as necessary. Chair Geng closed the public testimony portion of the public hearing at 7:55 P.M. Commissioner Arnst stated that she thinks the existing 35 power boat slips are enough and that a balance has been achieved. Commissioner Davis asked how long the waiting list is for slip rental. Mr. Maloney said it varies, depending on what is requested versus what is available in terms of dock size. Some dock sizes have a higher demand. Commissioner Hutchins asked if the Club were allowed to increase power boat slip rentals, would power boats begin to replace sailboats? Mr. Maloney said they are committed to sailboat storage and that is their priority. Sailboats are the only thing they store year round. Hutchins said he thinks 35 power boat slips is a good balance of the ratio, but that he is open to considering their request for an increase. Jabbour said they are only seeking to have the option to dock up to 50 percent power boats, not to fill the slips with power boats to that degree unnecessarily. Commissioner Ruoff said he lives near enough to Lake Minnetonka and Howard’s Point Marina to hear the sounds and noise coming from them. To power boat owners, Shorewood Yacht Club has been an asset and one of the most economical. He thinks the 35 power boat slips is a strong balance but is open to considering additional. Commissioner Davis stated she agrees with Ruoff’s comments and is also open to discussing additional slips because she is aware of the need for them. Hasek moved, Ruoff seconded, to recommend approval of a permanent Conditional Use Permit subject to the conditions contained in the existing Interim Use Permit. Motion passed 7/0. The Commission deliberated on a method of containing the power boat slips and determining a suitable number allowed by focusing on pier #4 and the west half of pier #3. Commissioner Vilett said she thought the Yacht Club’s management may know the best location for docking the power boats. Commissioner Arnst questioned how the docking restrictions will be enforced. Director Nielsen said enforcement would be nearly impossible if the power boats are allowed to be scattered among the piers. Hutchins moved, Arnst seconded, recommending approval to allow a maximum of 52 power boats to be docked at pier #4 and the west-side half of pier #3. Motion passed 7/0. PLANNING COMMISSION MINUTES 4 January 2011 Page 4 of 5 2. ZONING ORDINANCE DISCUSSION  Setbacks from Fire Lanes Director Nielsen reviewed his staff report stating that over the past several months staff has been meeting with realtors and prospective buyers regarding the disposition of a property on Birch Bluff Road which is situated adjacent to a fire lane. The property’s size and its structure’s setbacks are substantially nonconforming with its R-1C/S zoning classification. The site’s nonconformity is compounded by its location next to the Third Street Fire Lane, and the required 35-foot setback from the fire lane renders the lot unbuildable. This raises an issue which had been discussed several years ago as to whether setbacks from fire lanes should be reduced to be the same as any other lakeshore lot. For the most part fire lanes are used for pedestrian activities for the benefit of the neighborhoods in which they are located. The consensus among the Planning Commissioners was to schedule a public hearing for the meeting in February to consider this matter.  Trash Enclosure Ordinance A concern was raised about the use of dumpsters on residential properties, especially when the use is in conjunction with home occupations. Director Nielsen reported that he discussed the issue with the City Attorney who determined that existing regulations are adequate to control this situation. 3. WORK PROGRAM 2011 Director Nielsen noted the items slated for the 2011 Work Program so far include sustainability; Smithtown Crossing – complete draft by end of February with a public hearing in March; Shady Hill Traffic regulations review in January/February; cellular antennas on water towers; Zoning Permits to be revisited; Life-Cycle Housing, with a focus on senior housing but discussion to include all types; and the annual variance discussion. Commissioner Vilett said the in-house GTS training was a very valuable activity and suggested it be repeated for new Commissioners. Nielsen said that type of training is not in this year’s budget, but training seminars that individual Commission members may attend has been budgeted for. 4. NOMINATE CHAIR AND VICE-CHAIR FOR 2011 Hutchins moved, Vilett seconded, to elect Tom Geng for Planning Commission Chair and Pat Arnst for Vice-Chair for 2011. Motion passed 7/0. 5. DETERMINE COUNCIL LIAISON SCHEDULE FOR 2011 The schedule for liaison to the City Council through June 2011 is as follows: January: Hutchins February: Vilett March: Geng April: Hasek May: Davis June: Arnst PLANNING COMMISSION MINUTES 4 January 2011 Page 5 of 5 6. MATTERS FROM THE FLOOR None. 7. OLD BUSINESS None. 8. NEW BUSINESS th Commission Davis informed the Commission that Artic Fever is set for January 15 and its organizers are still looking for volunteers. 9. DRAFT NEXT MEETING AGENDA th The January 18 Agenda is expected to include the Shady Hills Traffic Forum; discussion/update regarding improvements to the Highway 7/Galpin Lake Road intersection design, and Highway 7 signal light functions; and Smithtown Crossing area rendering with the Town Square layout. 10. REPORTS Commissioner Hutchins reported on items considered and actions taken by the City Council at its meeting of December 13, 2010. 11. ADJOUNMENT Hasek moved, Arnst seconded, to adjourn the Planning Commission meeting of January 4, 2011 at 9:32 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED, Patti Helgesen, Recorder