12-04-12 Planning Comm AgendaCITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 4 DECEMBER 2012
AGENDA
CALL TO ORDER
APPROVAL OF AGENDA
APPROVAL OF MINUTES
20 November 2012
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
ROLL CALL / (LIAISON) SCHEDULE
HUTCHINS (Dec)
CHARBONNET (May)
GARELICK (Oct)
MUEHLBERG (Jul)
DAVIS (Aug)
GENG (Sep)
1. 7:00 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR ACCESSORY
SPACE IN EXCESS OF 1200 SQUARE FEET
Applicant: Robert Finke
Location: 6060 Seamans Drive
2. REVIEW ASHLAND WOODS FINAL PLAT
Applicant: Ashland Woods, LLC
Location: 6045 Strawberry Lane
3. MATTERS FROM THE FLOOR
4. OLD BUSINESS / NEW BUSINESS
5. DRAFT NEXT MEETING AGENDA
6. REPORTS
Liaison to Council
SLUC
Other
7. ADJOURNMENT
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, NOVEMBER 20, 2012
MINUTES
CALL TO ORDER
Chair Geng called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Chair Geng; Commissioners Charbonnet, l
Liaison Zerby; and Planning Director Nielsen
Absent: Commissioner Hutchins
APPROVAL OF AGENDA
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
Chair Geng recommended Item 2 on the agenda be discussed before Item 1.
Davis moved, Muehlberg seconded,
Motion passed 510.
APPROVAL OF MINUTES
• October 2, 2012
Garelick moved, Davis seconded, apj
2, 2012, as presented. Motion passed'
Discussion moved to Item 2: on the age
1. ZONING CODE
This was discussed after Item 2 on the agenda.
Muehlberg; Council
agenda for November 20, 2012, as amended.
the Planning Commission Meeting Minutes of October
Director Nielsen noted that he does not have anything specific for this item this evening. He explained
when a draft noise ordinance was discussed during the Planning Commission's October 2, 2012, meeting
there was a great deal of discussion about an individual who is extremely inconsiderate of his neighbors
with respect to noise. The residents that were present to complain about that problem asked if there was
some way the City could help. He stated he thought at least some of them understood that a noise
ordinance would not address that extreme situation; it would be intended to address normal situations.
He noted the City is trying to address that problem in a different manor.
Nielsen suggested that for the December 4, 2012, Planning Commission meeting the Commission go
back to discussing the draft ordinance reviewed during the October 2nd Planning Commission meeting
with a focus on normal situations.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 20, 2012
Page 2 of 9
Commissioner Davis stated in her neighborhood children are riding mini -bikes and all- terrain vehicles
(ATVs) on the street and that is very dangerous. Director Nielsen noted there are rules to address that if
police can catch them in the act.
Zoning Permits
Director Nielsen explained Council and the Planning Commission had a joint meeting on June 11, 2012.
During that meeting Council agreed to reconsider an ordinance establishing zoning permits for various
activities that are regulated by the City's Zoning Code but not currently covered by building permits. The
Commission provided Council with a short list of potential items that would be addressed by the
ordinance amendment. It was somewhat based on the City of Chanhassen's ordinance regarding zoning
permits. The list of projects proposed to require a zoning permit were: accessory buildings less than 120
square feet in floor area; fences; driveways; temporary signs; sport and tennis courts; patios and
sidewalks; retaining walls higher than three feet (no separate permit required when a building permit is
required for grading); and, above - ground fireplaces and cooking facilities (not including portable
appliances).
Nielsen then explained that in 2010 the then Planning Commission recommended Council adopt an
ordinance amendment to establish a system for zoning permits on a 4/2 vote. That failed at the Council
level for lack of a motion. During the June 2011 joint meeting Council directed the Commission to
reassess what items the Commission thinks should require a zoning permit. Once it agrees on a list of
items Council can discuss the possibility of establishing a system for zoning permits. He noted that he
thinks the original items on the original list are still appropriate.
Nielsen reviewed additiona:
discussed during the joint n
type playground systems); be
basketball hoops on drivewa
thing the City should do is e
decide where to plant it,_ and
He noted that essentially th
property owner can trim it at t
explained garden fences would
not proven to be much of a pre
zoning permit for an invisible
systems should be added to the
Chair Geng clarified
He stated he assumed
,ms that could potentially be considered to add to the list that were
ng. They include: irrigation systems; large playground systems (timber
lary line trees (trees planted too close to the property line); garden fences;
and, invisible fences. With regard to trees, he stated he thought the first
irage people to think ahead about how large a tree will grow before they
share the City's knowledge about trees that extend over the property line.
torneys have said that if a tree comes on to an abutting property that
property line but it is crucial they don't trim over the property line. He
)e covered under fences technically. Basketball hoops on driveways have
lem. He stated he did not think there would be much value in requiring a
ence. He noted that he thought irrigation systems and large playground
sst. He also noted that a large playground system needs to be defined.
would not be policing the items on the final list that are already in place.
will be addressed on a complaint basis. Director Nielsen agreed.
Director Nielsen stated a zoning permit process would give the City an opportunity to let residents know
what the rules in the Zoning Code are relative to items on the final list. He explained there would be at
least one inspection for a new fence to ensure it will be located on the property of the person applying for
a permit. He stated from his vantage point zoning permits will save a lot of heartache for people.
Chair Geng asked if temporary signs will be included. Director Nielsen explained the City already has a
temporary sign permit that has specific regulations, and that there is nothing in the Building Code that
deals with temporary signs. Other structural signs require a building permit. He recommended having a
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 20, 2012
Page 3 of 9
separate sign permit under the category of zoning permits. Geng asked what the nature of a temporary
sign is. Nielsen explained it is usually a commercial business' temporary sign such as a banner.
Commissioner Davis noted a permit is required in the Cities of Excelsior and Tonka Bay to put up
banners for the Arctic Fever event. Nielsen noted that the City removes signs placed in the public right -
of -way.
Commissioner Davis stated large playground systems are not safe unless they have footings. She asked if
there should be a square footage stipulation for patios and sidewalks. For example, someone may just be
replacing a small area of sidewalk or patio. Director Nielsen stated repairing is different than new. Davis
suggested adding the word new. Chair Geng suggested a permit be required if a sidewalk is being
relocated. Director Nielsen suggested it should be for new or replaced patios or sidewalks.
There was Planning Commission consensus to support the
Director Nielsen stated the updated list will be forwarded to
2. DISCUSS SMITHTOWN WEST TRAIL
This was discussed before Item 1 on the agenda
Director Nielsen stated he was pleased with the turnout at the open hou
Trail that was held on November 15, 2012, at the Minnewashta Elemer
present the Feasibility Report for the Smithtown West Trail
Shorewood/Victoria border to the Minnewashta Elementary School then
Rail Trail (LRT) at Eureka Road. There were a lot of good comments
during the open house. Staff has compiled a list of them, almost vei
include the individuals' name.
Nielsen suggested the Planning C
evening. The revised responses
26, 2012, meeting,
Nielsen noted that the intent is to
comments and the questions and
Report can be found there.
fee of $20.
cons
e regarding the Smithtown West
Lary School. The purpose was to
which would go from the
:)n to the Lake Minnetonka Light
made and good questions asked
)atim, and intentionally did not
review the responses to the questions Staff has proposed this
warded to Council for its consideration during its November
;parate section on the City's website devoted to trails. The
ould be placed in that area. The Trail Plan Implementation
Nielsen reviewed the questions and the answers proposed by Staff. The questions (with a few minor
grammatical changes) and the answers (in italics) that will be presented to the City Council are as follows.
Is the proposed trail cross section the safest and least costly possible? Will other important
linkages be installed at no cost to residents as well?
Safety along Smithtown Road is the predominant factor in this project. The project could
potentially be done for less money, but it would involve a different material and additional
crossings of a collector street. These aspects have been factored in to the decision to build a
concrete trail on the south side of the road.
To suggest that the road comes at no costs to residents would be somewhat deceiving. That is, the
project will not be assessed to adjoining property owners. There are obviously costs to the
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 20, 2012
Page 4 of 9
project, the majority of which are planned to come from the City's Infrastructure Fund, a
significant portion of which came from the sale of the liquor operations a few years ago. Other
money will come from MSA (Minnesota State Aid) transportation money. This is money the City
receives back from the taxes on motor fuel to do transportation related projects. Yet another
source of money is the Stormwater Management Fund, since a portion of the project includes
correction of existing drainage issues. Finally, the City will aggressively pursue grant
opportunities.
2. Will homeowners be compensated for landscaping /tree replacement? Any assessments? Other
costs to residents along the trail and/or residents throughout city?
Project plans attempt to avoid disruption of landscaping to the extent possible. In cases where the
City has to acquire easements on properties and landscaping restoration is involved, that will be
factored in to the acquisition costs. See above re: assessments. The City has included the trail
program in its 5-year Capital Improvement Program. Proposed funding sources are as described
above and future trail segments are subject to funding availability.
3. How soon can it be done — before my kids are in college?
The current plan is to construct the Smithtown West Trail segment in 2013
4. I understand you will replant some trees, but will you reimburse homeowners for diminished
property value after losing their screening when trees are lost? Even if trees are not removed for
trail construction, cutting down 18 inches for trail construction will result in tree loss due to root
interference. How long will you remove trees and replace them after the trail is constructed?
What is the cost of construction for both sides of the road?
There is currently no plan to 'reimburse for vegetation located in the public right -of -way (see
above re: easement acquisition). The City Council will have to adopt a policy regarding
reimbursement for, or replacement of tree damage done to vegetation beyond the right -of -way.
The trail is only proposed to go on the south side of the road. Estimated costs pertain to the south
side of the road.
5. Suggest a unified FAQ (frequently asked questions) posted on the website: 1) Where is the
funding coming from? 2) How much will it cost/any additional costs? 3) Define the scope of
Phase I, II, III, costs, implementation dates, decision making process (e.g. council vote). 4)
Background should be provided on the "why ", including safety studies, etc.
Good idea! See above 're: funding sources. Additional costs will include easement acquisition
where public right - -of -way is inadequate. The cost of easements will be determined in the
easement acquisition phase (the next phase of the project). The impetus for the Shorewood Trail
Plan is safety and health, which are explained in the Trail Plan Implementation Report adopted
in 2011 as an amendment to the Shorewood Comprehensive Plan.
6. Are taxes increasing for year -round maintenance?
There are likely to be some initial up front costs (e.g., snow plow equipment). Beyond that, the
intent is to provide for trail maintenance with existing resources.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 20, 2012
Page 5 of 9
7. What is the liability for homeowners if the trail is in front of their yard? Who will clear trails of
snow? No plans to switch to north side?
Since the sidewalk is being located on public right -of -way or on public easements, the property
owner would not be liable. The City's policy on trails and sidewalks is that the City is responsible
for maintenance, including snow plowing. The current plan is to build the trail on the south side
of the road.
8. Why not use recycled tires as an overlay over concrete (could get by with a thinner layer of
concrete). As an alternative to concrete, do the same as above by putting an overlay of blacktop
over the concrete. You will get the durability of the concrete, but the comfort of rubber or asphalt.
Interesting thoughts. The plan for Smithtown Road is to simply extend the same type of trail that
was constructed in Victoria. This does not preclude the use of alternatives for other trail
segments in Shorewood.
9. Is there any chance that any of the "Phase II" segments will be completed sooner than in 5 — 10
years? I'd like to know what criteria were used to determine how these areas were prioritized.
Can costs /taxes be shared by the city /cities and neighborhoods, not just those properties affected?
Construction of all segments includ
funding, as well as neighborhood der
arriving at the current Plan (e.g. s
constraints, etc.). See the Trail Plan i
is no intent for individual property
construction. The Trail Plan is consid
10. What are
taxpayers?
See
11. Is it possible to furl
Lake Road project (
limits to the State H
2 projects — one that
situation bringing p
segment into those
support that move.
s? Who
?d in the trail plan will be subject to the availability of
and and support. A number of criteria were considered in
afety, expected use, availability of right -of -way, physical
`mplementation Report, 2011 for further information. There
owners or even neighborhoods to be assessed for trail
eyed to be a community -wide system.
the trail in winter? What cost will we incur to do it as
kdown some of these projects into even smaller sections? The Galpin
y appears to be one project that stretches from the Chanhassen city
7 /County Road 19 intersection. I would be in favor of breaking it into
'om the Chanhassen city limits to Highway 7, and one that handles the
ns and bikers across Highway 7. If breaking the Galpin Lake Road
)jects would fast -track a crossing area on Highway 7, then I would
The proposed segments are not carved in stone. In other words, yes, it may be possible to break
up segments, or to enlarge other segments. Galpin Lake Road may be such a segment. The
portion along Highway 7 may have a different character (bikes and pedestrians) and a different
funding source (e.g., a cooperative agreement with the MnDOT) than the portion connecting from
Highway 7 to Chanhassen. The Galpin Lake Road project is scheduled for discussion in 2013 and
construction in 2014. It is anticipated that any crossing would take advantage of the existing
crossing at County Road 19.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 20, 2012
Page 6 of 9
12. Wonder why the power lines on the school side can't be placed underground in order to beautify
the area and make room for sidewalks on the school property. Any way to place group mailboxes
on the south side of the street?
The City attempts to look at power lines in conjunction with street projects, however, the costs of
that are relatively high and are either assessed to homeowners or spread out to the customers of
the city being served. Mailboxes are subject to Post Office rules. If homeowners were interested
in grouping mailboxes, it seems likely the Post Office would cooperate.
Director Nielsen noted there were differing comments made about traffic controls and the amount of
them. He explained the City will have signage that complies with the 'requirements in the Minnesota
Manual on Uniform Traffic Control Devices.
Nielsen stated he is not sure if the City has data on the number of accidents on Smithtown Road. He does
know there is no data on close calls. Commissioner Muehlberg noted there was a lot of concern expressed
about safety during the open house. Nielsen stated from his personal perspective Shorewood may be a
great city but it is not a good place to walk or ride a bike.
COMMISSIONER CHARBONNET stated the Feasibility Report for Smithtown West talks about
relocating mailboxes to the north side of the street. He cautioned against doing that for safety reasons.
Director Nielsen concurred, and stated especially because Smithtown Road is a collector street. Nielsen
noted the United States Postal Service has rules about where mailboxes can be; for example, how far from
the street. Nielsen stated it is only beneficial to group' mailboxes if that is what residents want.
Director Nielsen addressed a couple of miscellaneous questions he took out of residents' comments. He
explained that he did try to call the assessor earlier in the day 'regarding a resident's question about
whether or not having a trail across a property will negatively impact the property's value. He stated that
hopefully drainage issues along the trails route will be addressed as part of the project. He explained a
comment was received expressing concern that the use of the LRT may increase after the trail is
constructed. That same individual questioned what hours the LRT can be used. Another resident had a
comment about dog droppings and trash along the trail.
Director Nielsen asked the Commission for feedback on the proposed responses
Garelick stated he thought the responses to the questions were nicely done.
Chair Geng thanked Planning Assistant Helgesen for compiling all of the comments and questions and for
doing it so expeditiously.
COMMISSIONER CHARBONNET stated the way he read the comment on the negative impact on the
property value he interpreted it to be about the loss of vegetation and not so much about the trail. Director
Nielsen stated one comment was specifically about how taking down trees could devalue a property. He
explained if trees have to be removed on a residential property then there needs to be some
reimbursement for that. Nielsen then stated another person specifically asked him if having a trail in front
of their property would devalue it. He is waiting for a response from the assessor on that. Chair Geng
stated the concern about loss of trees is valid, but he thought a lot of the trees that would have been
impacted were previously removed when Smithtown Road was being redone. He noted that a Project
Engineer from WSB & Associates, the firm who conducted the feasibility study, had indicated that there
may be six trees at risk along the entire route. Nielsen explained that during the planning and specification
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 20, 2012
Page 7 of 9
process survey work will be done and that is when trees will be identified for removal. Nielsen stated he
assumed efforts will be made to work around trees where possible.
Chair Geng stated that most of the answers to the questions are either addressed in the Trail Plan
Implementation Report or the Smithtown West Trail Feasibility Report. But, it may be difficult for some
people to find the answers. Therefore, he thought it would be beneficial to include the comments and the
questions and answers on the City's website.
Director Nielsen stated he likes the idea of having a summary. If people want additional information they
can be referred to the documents on the website.
Chair Geng recommended forwarding the questions and answers to Council for consideration.
Commissioner Davis suggested combining questions 7 and 1
thing. She stated that the answers make it clear that residents
She suggested explaining the priority order for plowing snow
about possible assessments for the trail. She suggested it be c
will not be assessed for the trail. She also suggested explain]
roadways or for example a trail along an MSA route. This weir
because they seem to be about the same
vill not have to clear snow from the trail.
She then stated there was a lot of concern
u -ified right up front that property owners
MSA funds can only be used for MSA
)e a tremendous opportunity to do that.
Director Nielsen noted the questions and answers document will be made more concise.
Commissioner Davis stated the cost of removin
recommended consideration be given to replacin
with WSB there is not a specific line item in th(
fairly strong contingency line item. Davis stated a
hundred dollars.
,n if they are in the ROW is nominal. She
rector Nielsen stated per a Project Engineer
� Report for tree replacement, but there is a
2 3 inch tree can be purchased for a couple
Davis moved, Charbonnet seconded, approving the questions and answers be forwarded to the City
Council for consideration to direct Staff to formalize the frequently asked questions and place them
on the City's website. Motion passed 510.
Commissioner Davis asked how many people came to the open house. Director Nielsen stated he was not
sure because not everyone signed the attendance sheet.
Director Nielsen stated a number of people provided their email address. He suggested some
consideration be given to creating a broadcast list from that information, with the intent of allowing
residents to ask that their email address be added to the list. When additional noteworthy information
regarding the trail is added to the City's website those residents could be notified with an email blast.
Chair Geng stated a number of people told him they liked the process this project was following. People
think it is a public process and that the public is being consulted. Some people indicated that this is
different than other public processes in the past.
Director Nielsen stated the Planning Commission has had really good luck with the open house process in
the past from the perspective of being able to talk with groups of residents and provide them with
information. He noted he likes to use the open house format. Chair Geng stated more cities are using that
format.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 20, 2012
Page 8 of 9
Discussion returned to Item 1 on the agenda.
3. MATTERS FROM THE FLOOR
This was discussed after Item 1 on the agenda.
There were no matters from the floor presented this evening.
Council Liaison Zerby stated there was a gentleman in the Council Chamt
south side of Smithtown Road who expressed some concerns to him about
segment. They were about the loss of landscaping when the trail is constructs
the south side of the road rather than the north, pedestrian right -of -way, bicy,
should, and that it seemed to him that the trail has come about suddenly. Tl
could be a better alternative in the winter months because it would get more
person's biggest concern was about landscaping. He explained to that person
going on for quite some type. Director Nielsen noted that person would be ai
trail past the Lake Minnetonka LRT at Eureka Road is constructed. 2
considering having the Trail cross to the north side of Smithtown F
School.
4. OLD BUSINESS
Council Liaison Zerby suggested the Trail Plan Ii
more aggressive time schedule than has been real]
revised to include more detail based on experience
Planning Commission has been given the responsil
Director Nielsen stated he thought it is very bene
before having an open house. He then stated the
width, surface type). He recommended the Plannit
about the type of trail.
Council Liaison Zerby stag
their desire to move fon
Commission's 2013 work pro
2013. Director Nielsen stated
various years.
Director Nielsen
the process.
5. NEW B
None.
earlier who lives on the
is Smithtown West Trail
the trail being located on
s not stopping when they
person thought the north
posure from the sun. The
at trail planning has been
,ted when the segment of
stated that person suggested
at Minnewashta Elementary
ort be updated. The Plan included a
the process identified in the Plan be
-eds to be changed to reflect that the
of the implementation.
ial for the Commission to walk a proposed trail site
[an does not address specifics about the trails (e.g.,
Commission have some input into initial discussions
it has been hearing from the residents along Galpin Lake Road about
the first phase of a sidewalk/trail in that area. He asked if the
will have an action to walk that area for a possible trail in March
Auld. Zerby noted that Plan already has trail projects grouped into
comment toward the back of the Report that mentions the need to refine
6. DRAFT NEXT MEETING AGENDA
Director Nielsen stated during the December 4, 2012, Planning Commission meeting he would like to
complete the review of the General Provisions in the Zoning Code with a focus on the noise ordinance.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
November 20, 2012
Page 9 of 9
The final plat for Ashland Woods will be on the agenda. There will be a conditional use permit for
accessory space on the agenda. There will be initial discussion about the Planning Commission's 2013
work program.
7. REPORTS
Liaison to Council
Commissioner Garelick stated he was the liaison to Council in October. He noted that he brought up the
Planning Commission's concern about the noise issue caused by an inconsiderate resident and how to
address it.
Commissioner Davis noted that during the open house for the Smithtown West Trail segment she
repeatedly heard people say they had moved to the country. She then noted she lived in the City for 35
years and things are different.
SLUC
Commissioner Davis stated she attended a recent Sensible Land Use Coalition (SLUC) road -table session
and she found it to be very good. She gave a brief report on the three round -table discussions she visited.
One was about urban farming. Another was about apartment development in the City of Minneapolis for
the next five years and she thought it was fascinating. The third was about the new River Place and office
cubes. She noted that she thought the SLUC should have round -table discussions at least twice a year.
Other
Director Nielsen asked who planned on attending the GTS training session being hosted by the City of
Greenwood on January 12, 2013. Chair Geng and Commissioners Davis, Garelick and Muehlberg plan on
attending. Commissioner Charbonnet is not sure. Nielsen stated he will contact Commissioner Hutchins
to find out if he plans on attending and noted he will fill out the paper work.
Nielsen encouraged the Planning Commissioners to RSVP for attending the appreciation event on
December 7, 2012.
8. ADJOURNMENT
Davis moved, Charbonnet seconded, Adjourning the Planning Commission Meeting of November
20, 2012, at 8:30 P.M. Motion passed 510.
Christine Freeman, Recorder
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (952) 960 -7900
FAX (952) 474 -0128 • www.ci.shorewood.mn.us • cityhaII @ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 29 November 2012
RE: Finke, Robert - C.U.P. for Accessory Space in Excess of 1200
Square Feet
FILE NO.: 405 (12.15)
BACKGROUND
Mr. Robert Finke has applied for a conditional use permit to construct an attached garage
on his property, located at 6060 Seamans Drive (see Site Location map - Exhibit A,
attached). The floor area of the new garage, when combined with an existing attached
garage, brings the total area of accessory space on the property over 1200 square feet.
The property is zoned R -lA, Single Family Residential and contains 40,084 square feet of
area. Exhibit B shows the location of the existing house, garage, and the proposed
garage.
The existing house contains approximately 2457 square feet of floor area in the two levels
above grade. The existing garage contains 887.4 square feet of floor area. The proposed
garage contains 512 square feet, which brings the total area of accessory space on the site
to 1399.4 square feet. The proposed garage extends off the south side of the existing
garage.
is
r �M ♦ PRINTED ON RECYCLED PAPER
Memorandum
Re: Finke CUP
29 November 2012
ANALYSIS/RECOMMENDATION
Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code contains four specific
criteria for granting this type of conditional use permit. Following is how the applicants'
proposal complies with the Code:
a. The total area of accessory space (1399.4 square feet) does not exceed the total
floor area above grade of the principal structure (2457square feet).
b. The total area of accessory space does not exceed ten percent of the minimum lot
area for the R -IA zoning district (.10 x. 40,000 square feet = 4000 square feet).
C. The proposed garage complies with the setback requirements of the R -1 A zoning
district. Hardcover is within the maximum amount allowed. Detailed
calculations are not available as of this writing, but will be available at the
meeting on Tuesday night.
At staff's suggestion, the Applicant has submitted a sketch (Exhibit C),
illustrating that two existing trees on the south side of the existing garage will be
replaced with two new ornamental trees.
d. As shown on Exhibits D -F, the new garage addition will be integrated into the
architecture of the existing home. As such the roof lines, materials and
architectural character of the garage are consistent with the principle dwelling.
In light of the preceding, the applicant's request is considered to be consistent with the
requirements of the Shorewood Zoning Code. It is therefore recommended that the
conditional use permit be granted as requested.
Cc: Bill Joynes
Tim Keane
Joe Pazandak
Robert Finke
-2-
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (952) 960 -7900
FAX (952) 474 -0128 • www.ci.shorewood.mmus • cityhaII @ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 30 November 2012
RE: Ashland Woods — Conservation Easement Language
FILE NO. 405 (12.09)
In August of this year, Ashland Woods, LLC submitted a preliminary plat for a seven -lot
subudivision, located on the east side of Strawberry Lane, called Ashland Woods. This plat was
a redo of a previously approved plat that was called Wildwood. In recommending approval of
this plat, the Planning Commission asked to see the proposed language for a conservation
easement that was critical to the drainage solution for the property. The current applicant has
chosen to use the language proposed by the previous developer (see attached). Please disregard
the highlighting on the text — it came from a modified PDF document.
One thing that has changed since the preliminary plat was approved is that the Watershed
District is requiring that the property be managed, not only for runoff rate, but also runoff
volume. In this regard, it appears that the proposed cul -de -sac will have a center island
designed to accomplish that requirement. Staff recommends that an article be added to the
Declaration containing the same language as the conservation easement. So doing will make
the HOA for the project responsible for ongoing maintenance of the cul -de -sac island.
Cc: Tim Keane
Larry Brown
Cory Lepper
41.
�-«� PRINTED ON RECYCLED PAPER
DECLARATION
For
WILDWOOD
THIS DECLARATION is made on this day of April, 2009, by Wildwood
Development of Shorewood, LLC, a Minnesota limited liability company ( "Declarant "), for the
purpose of creating Wildwood, consisting of detached, single family homes and appurtenant
Common Elements.
Selected Article for City Review:
Article 17
Conservation Easement
On , the City Council of the City of Shorewood (the "City ") granted
Declarant's application for the final plat for Wildwood for the Property. As a condition of the
approval, the City has required that Declarant dedicate a conservation easement over a portion of
the Property, legally described on attached Exhibit C (the "Easement Property ") and depicted on
attached Exhibit D. In consideration of the City's approval and in satisfaction of the
condition imposed, Declarant hereby grants and conveys unto the Association and the City a
conservation easement over, under and across the Easement Property. The terms of this easement
are as follows:
Except as permitted by this Article 17, no action of any kind shall be undertaken to change or
disturb the landscaping, ponding, rain garden, swale, open spaces, wetlands, and vegetation
existing upon the final development of the Easement Property. No structures may be built, no
additional grading may be done, no improvements of any kind may be made, and no earthen
material may be removed from or placed on the Easement Property, unless otherwise authorized
by the City. The Easement Property shall remain in all respects undisturbed, except that the
Declarant may clear any debris including dead vegetation from the Easement Property, may
remove invasive non - native vegetation such as European buckthorn, and may engage in other
environmental management practices approved by the City. In accordance with the City -
approved plans for Wildwood, Declarant may conduct earth removal, grading, tree clearing and
landscape improvements as required to construct storm water ponds, rain gardens and utility
improvements as necessary to comply with the engineering and utility plans reviewed and
approved by the City for the Plat. The Association shall be authorized to undertake at least
annual inspection of the Easement Property and survey the same to verify that the topography of
the Easement Property is consistent with the City approval requirements.
The Association may enter upon the Easement Property for the purposes of inspection and
enforcement of this easement, and the Association may take whatever actions are necessary to
restore the Easement Property to its undisturbed nature, as modified by Declarant's actions
permitted in this Article. The Association shall assess the reasonable costs of this restoration
against the all the Lots located within the Wildwood Plat, and the owners of the Lots waive all
rights to contest those costs. Further, the Association shall enforce the terms of this easement by
any proceeding in law or in equity to restrain violation, to compel compliance, or to recover damages,
including attorneys' fees and costs of the enforcement actions. Declarant shall not be liable for the
actions of any third party, other than its employees, agents or contractors, which may violate the
terms of this easement. The Association is authorized to levy assessments against the Lots for
Common Expenses related to the anticipated costs of maintenance of the Easement Property. The
Association is authorized to levy assessments against an individual Lot(s) owner, if appropriate,
for the repair of the Easement Property if such an individual Lot(s) owner alters the Easement
Property in any manner in violation of the terms hereof.
Failure to enforce any provision of this easement upon a violation of it shall not be deemed a waiver
of the right to do so as to that or any subsequent violation. Invalidation of any of the terms, of this
easement shall in no way affect any of the other terms, which shall remain in full force and effect.
This easement does not convey a right to the public use of the Easement Property nor does it
convey any right of possession in the Easement Property to the public or the Association. Access by
the Association to the Easement Property shall be limited to access necessary for purposes of
inspection and enforcement as specified in this Article. The Association shall not be entitled to share
in any award or other compensation given in connection with a condemnation or negotiated
acquisition of all or any part of the Easement Property by any authority having the power of eminent
domain. The Association hereby waives any right it may have to such an award or compensation.
This easement shall run with the Easement Property and be binding on the owners of the Lots
encumbered by the easement, its successors and assigns, and inure to the benefit of the Association,
its successors and assigns.