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Irey's Appeal of Hearing Officer DecisionMOHRMAN, KAARDAL. & ERICKSON, P.A. ATTORNEYS AND COUNSELORS AT LAW 150 SOUTH FIFTH STREET SUITE 3100 MINNEAPOLIS, MINNESOTA 55402 WILLIAM F. MOHRMAN October 10, 2016 Via Hand Delivery City of Shorewood Planning and Protective Inspections Administrative Enforcement Appeal 5755 County Club Road Shorewood, Minnesota 55331 Re: ADMINISTRATIVE ENFORCEMENT APPEAL 26040 Wild Rose Lane, Shorewood, MN 55331 Dear Clerk: I CITY OF SHOREWOOD TELEPHONE: 61 2/465-0928 FACSIMILE: 612/341-1076 WRITERS E-MAIL: MOHRMAN @MKLAW.COM Enclosed for review and consideration is Quentin and Rebecca Irey's Request for Appeal — Hearing Officer's Decision along with additional supporting documentation. If you have any questions or concerns, please do not hesitate to contact me. WFM /mg Enclosure cc: Client (w /enc) ADMINISTRATIVE ENFORCEMENT APPEAL", . . .. ........ Right ofd peal The appeal hearing shall be held at City Hall after the City receives a timely appeal request, Notice of the appeal bearing date will be provided to the appellant at least 10 days in advance of said hearing dal Required Information Appellant Name: Quentin and Rebecca Irey Address- 26040 Wild Rose Lane, Shorewood, MN 55331 and 413 Heritage Loop, Hutto, TX 78634 Phone Number E-mail Address: Reason for Appeal (attach any supporting documentation): See attached "Reasons for Appeal" Supporting documentation is referenced in an "Appendix" which is also attached. October 10, 2016 App dent Signat re Date Quentin and Rebecca Irey Appeal of Hearing Officer's Decision Determination Being Appealed Quentin and Rebecca Irey were civilly prosecuted and fined for alleged violations of the Shorewood City Code. They are appealing the final decision of the City's Hearing Officer's determination (1) That temporary short -term rental of private residence is a violation of Shorewood City Code § 1004.03, subd. 1 for failing to obtain a rental license before renting private residential home; § 1201.01 zoning for R -IA Residential; (2) that the use of temporary short -term rental of private residential home is a commercial use under Shorewood City Code Chapter 1201; and (3) and that the Irey's should pay a civil fine of $300. I' ' •4 •r The Ireys respectfully request the City Council to reverse the decision of the Hearing Officer and so doing, also repeal the imposed civil fine of $300. Reasons for Reversal of the Hearing Officer's Decision I. There Is No Provision In The City Code That Presumes Activities Not Specifically Identified Is Prohibited And Thus, Subject To Prosecution. The Hearing Officer specifically found, without any legal or policy support that "a use is considered prohibited because it is neither specifically permitted or denied." Hearing Officer Memorandum. The Shorewood City Code does not specifically state that any activity not specifically addressed is presumed prohibited and subject to either criminal or civil penalties. In particular, the City Code states that a person cannot be prosecuted unless there is a violation of the code. Shorewood, Minn. City Code, § 104.01, subd. 1. II. Governmental Officials Admit That The City Code Does Not Prohibit Private Home Leasing For Any Length Of Time. The Hearing Officer did not consider the unrefutted and uncontradicted testimony and evidence of the City's governmental officials revealing that the activities of leasing a private residence in Shorewood for any length of time and for any amount is not governed nor prohibited under the Shorewood City Code. • The City of Shorewood governmental officials acknowledged that they are aware home owners of residential homes in R -IA zones have been and currently do lease the homes — annually or monthly. Brad Neilson, City Planning Director, testimony. I ® Shorewood's Planning Commission acknowledged that the City is aware that residents were leasing their private residences for short -term rental (leasing) during the Ryder Cup golf tournament. Planning Commission Meeting Minutes, July 19, 2016 (see comments of Chair Davis). ® Shorewood governmental officials acknowledged that the City had no intention of interfering with the leasing agreements of the leasing of private residential homes. Planning Commission Meeting Minutes, July 19, 2016 (see comments of Chair Davis). ® City of Shorewood governmental officials acknowledged that the City Code has no provision and therefore, does not govern the leasing of private residential homes in R -IA zones or any other identified zone within the City boundaries. Neilson testimony. City of Shorewood governmental officials acknowledged that it is leasing a private residential home in an R -IA zone, or any other zone within the City's boundaries, is not prohibited. Neilson testimony. City of Shorewood governmental officials acknowledged that it is leasing a private residential home for one -year in an R -IA zone, or any other zone within the City's boundaries, is not prohibited. Neilson testimony. ® City of Shorewood governmental officials acknowledged that it is leasing a private residential home for one -month in an R -IA zone, or any other zone within the City's boundaries, is not prohibited. Neilson testimony. City of Shorewood governmental officials acknowledged that it is leasing a private residential home for one -day in an R -lA zone, or any other zone within the City's boundaries, is not prohibited. Neilson testimony. City of Shorewood governmental officials acknowledged that the City Code does not govern, prohibit, or otherwise regulate the amount of rent 1 Brad Neilson testified before the Hearing Officer. 2 that can be charged for the rental of private residences. Neilson testimony. City of Shorewood governmental officials acknowledged that the City Code does not govern, prohibit, or otherwise regulate the leasing of private residences to sub - tenants, or sub - sub -sub tenants. ® City of Shorewood governmental officials acknowledged that private homeowners can use their homes to invite guests for parties and to sleep over for any length of time without penalty. However, there is specific City Code restriction regarding the number of guests to 75 persons under § 505.02 which regulates public gatherings. III. The City Council Recognizes The Short -Fall Of The City Code In That It Does Not Prohibit The Leasing Of Private Residences With The Planning Commission Seeking To Amend The Code To Prohibit Short -Term Leasing. A. The Violation Of Ordinances Violation Of Due Process And Equal Protection Under The quintessential evidence of the City acknowledging the Code does not govern the issue for which the Ireys have been prosecuted and fined for is the City Planning Commission's consideration to amend the City Code. In the July 19, 2016 minutes of the Planning Commission, it considered at the Commission's September 2016 meeting an amendment to prohibit short -term leasing of private residences. Planning Commission July 2016 minutes. s The Ireys cannot be prosecuted for a non- existent violation or non- existent Code regulation. ® The Shorewood City Code does not prohibit or otherwise regulate leasing of private residences in an R -lA zone. Prosecution of a non - existent regulation governing an otherwise legal activity is a violation of due process. Further, the fact the Ireys have been singled out as violating non - existent laws wherein the City acknowledges that other private residences have been and continue to be leased in R -lA zones is a violation of equal protection of the law. IV. The Hearing Officer Misinterpreted The City Code Regarding "Commercial Use" Which By Definition Does Not Govern The Leasing Of Private Residences. The Hearing Officer suggested that when a private residence is leased for short -term stays or sub -let that the property can become one for commercial use, but fails to identify when that transition occurs under the Code. Hearing Officer Memorandum. 3 + Shorewood's City Code does not state that a private residence can be leased only for a limited amount of times. As governmental officials acknowledged, the City Code does not prohibit the rental of a private residence for any number of times or length of time. See Neilson testimony. + There is no evidence that the short term rentals of the Property constitute a "commercial use" under the Code: The term "commercial use" is defined in the Code as: "The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services." The Code further defines "principal use" as: "The main use of land or buildings as distinguished from subordinate or accessory uses." Finally, the Code defines "use" as: "The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of the activity as defined by the performance standards of this chapter." Shorewood, Minn. City Code § 1201. 02. Under these definitions, the City must demonstrate that the "principal" "activity" for which the Property is "occupied, utilized or maintained" is "the sale, lease, rental or trade of products, goods and services." The City did not establish that leasing the Property is a "commercial use" as defined under the Code. + There was no evidence that any "products or goods" were "sold, leased, rented or traded" on the private residential property under short term rentals. Therefore, the City must show that some "service" was being offered at the Property. Here, it did not. E The Hearing Officer suggested at the hearing that the rental of the Property itself to an individual would constitute the "the sale, lease, rental or trade" of a "service." However, the conclusion does not work within the context of the definitions. Single family homeowners who lease their private residence to a tenant for the tenant to reside in for a period of time are not "selling, leasing, renting or trading" a "service" to the tenant. Rather, the homeowner is doing nothing other leasing their home to the tenant for the tenant to reside in the property. In other words, under the definitions of "commercial use," "principal use" and "use," the City must show that the act of a property owner simply renting the property owner's private residence is the "service" for which the private residence is "occupied, utilized or maintained." Hence, by definition, the principal purpose of the private residence must be shown to be as a primary "commercial enterprise" as the "service" offered for sale or lease to customers by the actual occupants of the property – such as a dry cleaning business which leases property to operate its dry cleaning business. ® Shorewood governmental officials acknowledged that to rent a private residence in an R- I A zone is not a commercial because otherwise no one could lease their home in Shorewood if the home is located in an R -IA zone since the City allows the leasing of private residences and the Code does not prohibit or regulate that practice. Neilson testimony. V. The Ireys Seeking Of A Rental License Was In Abundance Of Caution, Knowing That The City Code Did Not Prohibit The Leasing Of Private Residences And Was Not A Commercial Use. The Ireys did apply for a rental license, but only in the abundance of caution knowing that the City Code did not prohibit the leasing of private residences and that the leasing of a private residence was not a commercial use. The Code provided no guidance to the leasing of private residences for any length of time, for any number of times, or for any amounts of moneys collectable for the leasing of a private residence. Hence, the Code's lack of clarity for an existing situation the City has known about — as others in R- I A zones have been doing to date — legally since it is not specifically prohibited, caused the Ireys to seek a rental license even knowing one was not required. In fact, although the rental application process is continuing, there was nothing in the City Code that required the Ireys to obtain a rental license. I VI. The Irey's Assumption That a Rental License Was Issued Based on the City's Acceptance of the Check Was Reasonable. The Ireys assumed that a rental license was issued upon the payment of the money to the City. The Ireys did not understand that the payment was simply for the application for the license. As the undisputed evidence showed, the City is currently inspecting the Property prior to issuing a rental license. Moreover, it is my understanding that there is only item left to resolve on the inspection. The Ireys would request that the hearing examiner hold the issuance of the citation in abeyance while the Ireys complete the rental housing license application. VII. The City Should Not Withhold The Issuance Of Their Rental Housing License To The Ireys Because Of Alleged Past Acts Of Code Violations. The Ireys are hoping this issue is now moot based on the inspections now commencing on the Property for the purpose of issuing a rental housing license. However, the Citation Letter did state that the Ireys would never be issued a rental housing license based on the past short term rentals on the Property. However, there is a concern the City would refuse to issue a license because of the allegations asserted and the citation served upon the Ireys. Unless, the City has legitimate cause to withhold a rental license from the Ireys, it cannot refuse the issuance of the license without violating due process. The Ireys would request that the City to issue the Ireys the rental housing license if the Ireys meet the housing license requirements. As we previously stated, the application was made in the abundance of caution, and since the City Code does not presently prohibit the acts the Ireys have engaged in, as the evidence reflects, with the issuance of a rental license, the City will therefore recognize the legal and legitimate request of a citizen who is interested in obeying the law as it exists, but will fight vigorously against accusations for violations of actions for which the City Code does not govern. VIII. Other Reasons To Reverse The Decision Of The Hearing Officer's Decision Based On Arguments The City Is Likely To Present. Testimony before the Hearing Officer also included City citations to the definition of a "Lodging House" in the Code. The City argued that because a "lodging house" is not mentioned in the Code Section on an R -lA zone as a "permitted use," a "lodging house" is not a permitted use in an R -1A zone. However, the Ireys did not violate this section of the Code, nor did the City cite this provision of the Code as being violated. The Ireys did not run a "lodging house" by the Code's definition under § 1201.02: "Lodging House: A building other than a hotel or motel, where for compensation for definite periods lodging is provided for three or more persons not of the principal family, but not including a building providing this service for more than ten persons." Only one person leases a private residence. There was no evidence at the hearing that the Ireys' private residence was leased to "three or more persons not of the principal family." Rather, 6 the testimony was that the lease was to one person. Moreover, as the City Planning Director, Neilson agreed, the term "lodging house" is not otherwise used in the Code. The Ireys underlying argument is not difficult — they are simply renting their private residence to one person at time for the person to occupy for a short period of time and who put the residence to the same use as the Ireys — that is, to live in it as a home. As a result, under the City's definitions in its Code, the Ireys are allowed to lease their private residence property by their own methods, either by themselves or through another sub - tenant leasing agreement such as that the Ireys entered into with Scott and Jennifer Owens. Again, as Neilson testified, there is no Code prohibition of sub - letting to another party of a private residence. Here, the Owens leased the private residence from the Ireys, and in turn, the Owens sub -let to others. Until there is a prohibition of such an arrangement of a private residence specifically addressed in the Code, the Ireys have broken no law. I. Complaints By Neighbors Of Disturbances Is Not Relevant To Any Argument Related To Non - Prohibited Activities Of Leasing Private Residences Not Otherwise Regulated Or Prohibited Under Shorewood's City Code. There are also several pieces of evidence the City brought to the attention of the Hearing Officer that should have no bearing on the underlying alleged citation violations. First, the fact that residents complained about the certain subtenants and their guests was not a part of the citation. The evidence served no purpose other than to demonstrate that certain neighbors do not like the Ireys leasing their private residence to others. It was and is not evidence of "commercial use." Here, the evidence served no purpose other than to pressure the hearing examine with irrelevant evidence that has no bearing on the underlying allegations of Code violations. In short, the Hearing Officer's determination must be based only to that of relevant facts and the law. Anything else is antithetical to the function of the hearing examiner. Moreover, the Ireys insisted on respect of and have been respectful of any legitimate neighbor concerns such as noise. Written information introduced into evidence demonstrated that the Owens required that the subtenants not engage in excessive noise and not park on the street — both of which are violations or the lease itself. Also, the Irey's communicated with neighbors via a leaflet which included phone numbers to lodge complaints. However, no complaints were ever made. Finally, in over eight months, there have only been two police reports to the Ireys' private residence. No police citation was issued. Notably, police reports reveal that the tenants handled the neighbor complaints very politely. X. Lease Amounts Are Not Relevant To The Alleged Code Violations. Second, the City will presumably point to evidence that the amount of rent paid to the Ireys based on the amount of total rent collected during the month is further evidence of a "commercial use." However, the definition of "commercial use" does not reference any money paid to the property owner — it only references the sale or lease of a product, good or a service. The City's argument regarding the amount of rent paid is not relevant under this definition. XI. Communications Of Third -Party Sub- Tenants Are Not Relevant To Alleged Code Violations. Third, the City will presumably point to evidence that the Owens provided a document to the subtenants basically informing the subtenants that if any problems happened at the Ireys' private residence, they should contact the Owens. The fact that a lessor of property informs the tenants to contact the lessor if any problems happen at the property is not a "service" — it is the normal and prudent practice of any lessor to protect the value of the residential property. Moreover, it is not a "service" conducted from the private residence because the Owens are not occupying the residence when the call is made. For the reasons set forth above, the City's citation of the Ireys for operating a commercial use on their private residence by the short term rental of their home should be overturned. II. The Attached Documents Are To Be Considered As Part Of The Record. Under the City Code regarding appeals to the City Council, we have attached documents as part of the underlying record placed before the Hearing Officer. Also, as a matter of course, public documents, such as meeting minutes of the Planning Commission or this City Council, even though they may or may not be actual documents attached as the record, are public documents and where referenced may be considered as part of the underlying record. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331 - 8927.• (952) 960.7900_ FAX (952) 474 -0128 • www.ci.shorewood.mn.us • cityhall @ci.shorewood.mn.us 1 July 2016 Quentin Trey Delivered by US Mail and Email 413 Heritage Loop Huto, TX 78634 Re: Hearing to Consider Your Appeal to an-Administrative Citation Mr. Irey: Shorewood City Code Section 104.03 Subd. 3.b. provides that appeals to an Administrative Hearing Officer shall be held within 30 days of receipt of a timely appeal. Your appeal was received in our office on 2 Jame 2016, two days after the 10 day appeal deadline required by city code. Notwithstanding the late appeal, the purpose of this letter is to advise you that your appeal will be considered on Wednesday, 13 July 2016 at 1:30 p.m. at the Shorewood City Hall. Your appeal will be considered by Hearing Officer Peter Beck. If you wish to provide additional ! information in support of your written appeal, you should submit to me and to Mr. Beck's office no later than 5:00 p.m. on Thursday, 7 July 2016: . Mr. Peter Beck Beck Law Office: 4746 Sheridan Avenue South Minneapolis, MN 55410 Alternatively, you may send the information bye -mail: peter@peterbeeklaw.com. You are reminded that failure to appear at the hearing constitutes a waiver of your rights to a hearing and admission of the violations. CITY OF SHOREWOOD j `7✓i- �t-� -- Bradley J . Planning Director Cc: Peter Beck William Joynes Tim Keane . 17% , ,, PRINTED ON RECYCLED PAPER. Riglit of Appeal AUM.IN'IST'R.ArffV.E'EN�FO-RC.E.M,ENT APPEAL CITY OF SHOREW001) PLANNING AND PROTECTIVE fNSPE C T I ONS I Request for A-pjmal — Adi-ninistrative Citation (1ty Code Section 104,03 Subd. 3. allows any pemon tweiving an. Admi.nistnative Citation the 1-i�1jt to �ippcal the cit',flioffl to is I le,,ving Offiwer,,Ippo "HliS 1`01111 111LISt. be dclivoivo:1 to t" 4)Wd bV the CitV ("OU1161. the Shot-ewood City ("Witces (v mailed to the City by U.S. first ckisss.. postage pvpaid and postmad(ed Within the pirescri bed 10 days. Schedule Hic hearing shatl be held at City, Hall within 30 days of the date the City mccives a timely appeal Require Information App l lant ame: i fy it A(fdress: rlc-11r7. 1(1 _4 Phone Number Adr ' I 1 ", I' All( dess, j Reason for Appeal (attach any supporting doctimentatioti): Appellant Sitp, at ire Daic May 29, 2016 City ol'Shormood. 5755 Amury US 10,-,ad Shorewood, MN 5�3:31 R' '26040 Wild Rc'se Lane PIN. 32A 152Y 14IM5 (the — loopedy") \Mr. Neilson. Mase consider this our qt: pal to pmr oulor Limed Mav 20"'. (the ck Copy ofthe Under is UtUlehed heretO We have resesinhed the Shormmd rental ordbumees and 1mve diligelWy abided by enh regiest We by to chy himpector. We do inn Hdak thar vvc were or we in vhkahn cd the cily rclirlctrad e;; specified in the 0rder, spmificldly Commemki use if rciidential property, As exangdem the lhopeny has never been i-c'mcd Ar nomeskiciltial purposes, is not iobdi vi (led., diAl is 1ented as a Single 1"inifly d�wllillg' We haVC hud rCCIUCSt"i t','onl residents hi We My of Simmood U) rM Ule [vopeny Wr vkhting, rAni•CS hCCaUSC their 4; M1 house is not Istrgo enough. \,Ve also receive rcqtwsts Crom. helvavccl relaitives experinwing Agedy. AnoTer connnon une is sewnd Inhhes coadng in to spcnd dine uyedwr Me tokhg in kwal a"metknis on Inke Nlini-ictonka, ycmth hockey, ice FiAng ctc. Thme InKlies mMport our counrumity as vycil as our nQig[iborhood. j[ , t it i i 11 the best Wcmms of Be Chy 10 conthme U) Am us to pro,,Jde the PrcjJ)Crty as a short tcrin rental hoim A. The Property has nM and wH1 not he used for commercial ptirposes. The Pnjeny has bee" solelry ["()r residQntial For histan(x. 1-e-SUlt ill I'amily guests From out of town. knatus have resided at dw priNwrty "ten dle,, \vnv- wiendinga AMMg maged in anwher location, vdich is a rusidendal purpose.'Fo our kilovilcdge, the, property llr,2.i nu .'r actually been wed For m. Win, Regarding business events. tenants have • ed the flupeny wid Have invited guests \Q) staYed at the jwopuny, They Me inel in the li% rooin -,,vhun they orc sulying at Be KIM mmmQhL To our kilowlQdge, nc� husilws"'.' Ims ever rmed the 1%m my Mout ovenight rcsidence, A AnAly rMon %vhh the family deeQg in the flopeay i,, by definidon a F."'sidential tv';C of the property as it is us,d h t-n-lo 1�,'Pnilv vriih u s ucms' \\""e do (lot believe the code is a bads An- lAniting Q Mllnha 01"1_ICS11S U 10-11i[V 121 0"V ha•c in their honic. 14. Inaccuracies and/or nkislea (lint-, inforniation in the or(jej% The Mer has a number oVoinissions as well as 1-1?isivading 1ntorniMM11, 1. At our request, the city hispector llhuas vkini to PnMerty Ance the OAK! KINxtion umi taro ,rovided leed.back on tho iniproven-tents rh,,u: "VeTC, rti."juestecl [)y hini, 'Sce tile ""It'j"ached li,St, as it is C[LtitC (Atellsivc, We have been woking, cxpcditiousl,' to nw'-'t "Al some of which hmv beert MY COMPIMed. Ile phimbing and electrical "ints were both completed last Nvock. suld Em Specdon is bchg sdladulai, first UK the cleorrical inspectort and next with the city i.m."Pector, 1 Excadve nobe Ims not been an issue w1h any neightwrs and is not a violhon of Zoning, We have nQvQ1- rCcQivcd any Complaints from. any (Phe neighbom. who) aro ill col-11".-I4t with quile frequendy. nor have we rcedved nuW iYAke hurn pike or Hie city ol" complaint.s. 3. Any number of cars in a is Plot In aml of itself a jolation or resh-lendal ",olling, 'file driveway is very large, arld the home has more thari Six hedroon-Is4 ,,q'ine Cors is not an unusual nUrnber of ears l'or a hoine ofthat size. A he bcwt and ponwon boat have been reni(iv� -�d sitice the (late (' )f the Because our illiention is to provide rental services in accoml,ance with city oalumces, we would appreciate cwnpletimi of the city inspectOn process. as we did not see any"'vilc"re ill the OREIMFICC°,', Where yOU Can prospectively deny us the right to go ffirow,,h the rcrital ,, ptic I- Q Neighboiring Mnmses in the RI A zr"dng area Tsere are several other examples of businesses in Ole My in RIN 1% gloom down Urn (he thert. is 0 Sign F)r a [reo: servii,"e. and their driveway is c.cmtinually' Fillud wo.od Ung tumed into chips, etc. (Aw rmrson we kmnv this k mv hhvd Tern to Ulve down a Ove, and supply v;=1 chti Me is also a, seller according, 6,) the city nuMs, AH of these pnyvide ne"Wd scales to our community and neither of those businey,,,cs has dlc`ir rcsi(Jillg in dicir Ffous'es, In clid, tmr deske has been to 1=41 a needed remmwce Or the connnunity %with El o U) ncl rwgalhive in11mut c)n c.,,ur believe we Call do so and perforni per the, orohnnaices ol" Lhe city, W. arQ lavol•,ing jow an amicaWe Mw% We joel the best I,,,; [ol ,t1low tit's to ConlinLIC to) Use the Property iii"^s a shOl-t terni ro-'sialenLial r"-'n'tal propert"). it's it i's posifiv.,�- asset loo ihe Yneinhers ofthe and the e4v zInd our 1*anlilv. "incereiv Owntin kry . ', - •rye. -y .I• .. t R 57�5'Courztry Ci-0 Road Shoxe`wooc Mizz zcsota 55331'm 952. -960 7900 - : 952- 474- p'12$'® www.cisl7oi,etvood:mn.us ®cltyhalI @ciahorewvood' ;trin:us . NJtxc� of °� ®n�n� z��ata�on:s a>�d.Cxtatzon. 20 May 2016 . . uerztirz' and Rebecca Roy: : . g Loop Hnito,; X 78634 Re: ' 26040 Wild Rose.Lane 'N 324,17-23-11-0005 - Mr. M1 arid, Mrs_. Ivey: ; 'be'Henriepin' Coixnty,Propeity Information xesords reflect.. that you aro the owner dtlie.al�ove :refe ericed property' : i-46 City 48 lipzewood. -.Our "Of -to has.ieceivea scv'oral coz�z-iplamts allegirig,that the properly is being'usecl for other than iesidezitial pixzposes. City StalCh spected the property at.. 9:.00 A.M::ori,Tttesday; 17 ;May 2016, and- fotiixzd:nii-ie:cais p rlced;in and around the driveway:` Coi�xplaizits.also''alleye that th6 .. p opezty'is fieclueiitly occupxeci y large grbnps,ofpeople zeal ii�g noisejmO the early hours .of the orising. The allegations; are suppozied by your,.ad in the YRbO'website, offering. tlie p :opeziy for : "business /Wedding "; arid ineluding "family rcuaion;event, sexninaz; "conferezice; training, re treat Your prop ezty'is.zonedR -1A; Sii1g'le ainilyResicterztial'. Co' .rciatrise.of�ioZ?eziy.iri.t iszoni�ag clistriet'is un a�vfirl'aand mun t cease ix rjudliately. Further, although you have ,applied Cox a rental,libusing license,, a license has not Y�eaxz issued as 'of this writing because zieither' you,,nor'your repres,eritative,;lzave. . : called for afollow- lip , inspection:. In light o E the eoznzxiercial use of .the. properly; a z ental hous, trig, license Will not be issued,. In ac dzt on; tliis.letterr serves �syotar e tatioi*azicl.'iiivoice fo�,a 300:. e' nal', rrzposecl`for zoningaiZCi rezital Housing code violations: Iease reinif $300' for the Class C offezise, pursuant to Section'.104.03 of the Shorewood City,Code,.a copy'of which is attached fox your review. The.cleadline:.forpayznent is 6.June ` . 2016. You rrzay.pay ira person at tlic, Sl orevvood City Hall oz• by United.States fiistclass inail, postage prepaid acid postmarked no later than `6 June. Payment zuay be made liy cash or cbecic. { # _g_ 1.may 4.rt �ft1 g^c�4."«t :_x:43**• �S r-q �Y � Pgslat�n ;6 ' Certified Fee 1 Ll Postmark U l Return Receipt Poe Here Ej (EndgrsemeptRequired) C:7 Restricted DaliVary Fee L:3 (Endorsement Rdeitfted) Total Postage & F es ru S ©ntTo. 1:3 Streat, Apt No.; - --` ---- �ay shin; ZIP+4 Complete items 1, 2, and 3, 1w Print your name and address o so that we can return the c n ills reverse Atta -h this card to the and to you. or C the front ifs back of the mailpiece, -1 pace t' Arti leAddresse permits' d to: �I � �I�i�l 111111111 �1111�� 11111 9590 9��02 0053290 iI 11�11�11 2. Article Nu 48864 tuber (Trans tfer from Service label) ?012 2210 Q 2 t l. P,9 Form 3811 July 2015 PSN 7530- 02 -0o0 -9053 r U� ueiovv: ® No 3. service rype ❑ Adult Signature ❑ Adult Signature �Gerilfied Rastrteted Delivery Mail® EI Priority Mail Xpresso Registered MON ❑ Certified Matt Restricted Dell ve y El Collect on Dsilvery ❑ Collect Registered ' Delivery Mail Restricted' eturn Reeeipf on Delivery for El Insured rY Restricted Delivery CIS, erct andise Mait ry $nature ❑ insured (over $Soo) it Restricted Delivery ConfinnationTm Signature Co Restricted Delivery tton i Domestic Return Recelpt M 15005824 - MN0270700 TO: SLL-00049221 20160517 13:10:55 054FO00045 FROM: A36MPQ46-11799352 20160517 13:10:55 054F0072D2 DNR BOAT REGISTRATION WARNING ** THE "DNR" DATA BASE IS UPDATED WEEKLY, THEREFORE SOME "DNR" DATA MAY CONTAIN POSSIBLE ERRORS. ** USE INFORMATION WITH CAUTION ** IF QUESTIONS, CALL "DNR" (M-F,8-5) AT 800-285-2000 OR AFTER HOURS/WEEKENDS CALL "DNR" HELP DESK AT 877-447-1319 OR 877-285-8413. LICENSE NBR: 2114DN EXP DATE: 1210 DLN: Y285270898115 NAME: LAST/OWENS FIRST/JENNIFER MIDDLE/LUMSDEN ADDRESS: 5227 MINNETONKA BLVD ST LOUIS PARK MN 55416 DATE OF BIRTH: 051868 PHONE: 0 -k MAKE: CRESTLINER YEAR: 76 HULL ID NUMBER: MN2114DN TYPE OF BOAT: 08 RUNABOUT USE: I PLEASURE HULL MATERIAL: 2 ALUMINUM TOILET: 2 NO PROPULSION 2 OUTBOARD LENGTH: 14 COUNTY USED 27 HPI: 0 HP2: 0 15005824 - MN0270700 10RI: Uoo v *8 ADMINISTRATIVE ENF0RdMENT\f----' APPEAL impCITY OF SHOREWOOD Exhibit I 5755 COUNTRY CLUB ROAD • SHOREWDoO, MINNESOTA 65331 • (952) 9607900 PLANNING AND PROTECTIVE INSPEC Rea tiest for Appeal — Administrative Citation Right of Appeal City Code Section 104.03 Subd. 3. allows any person receiving an Administrative Citation the right to appeal the citation to a Hearing Officei- appointed by the City Council. This form must be delivered to the Shorewood City Offices or mailed to the City by U.S. first class, postage prepaid and postmarked, within the prescribed 10 days. Schedule The hearing shall be held at City Hall within 30 days of the date the City receives a timely appeal request. Required Information Appellant Name: Address: Phone Number 9 E -mail Address: OIAM�11'01 Reason for Appeal (attach any supporting documentation): Appellant Signature May 29, 2016 City of Shorewood 5755 County Club Road Shorewood, MN 55331 RE: 26040 Wild Rose Lane P.IX 32- 117 -23 -11 -0005 (The "Property') Mr. Neilson: Please consider this our appeal to your order dated May 20'x', 2016 (the "Order"), A copy of the Order is attached hereto. We have researched the Shorewood rental ordinances and have diligently abided by each request made by the city inspector. We do not think that we were or are in violation of the city ordinances specified in the Order, specifically commercial use of a residential property. As examples, the Property has never been rented for non - residential purposes, is not subdivided, and is rented as a single family dwelling. We have had requests from residents in the city of Shorewood to rent the property for visiting relatives because their own house is not large enough. We also receive requests from bereaved relatives experiencing tragedy. Another common use is several families coming in to spend time together while taking in local attractions on Lake Mirmetonka, youth hockey, ice fishing etc. These .families support our commtinity as well as our neighborhood. We believe that it is in the best interests of the city to continue to allow us to provide the Property as a short tern) rental ]ionic. A. The Property has not and will not be used for commercial purposes. The Property has been utilized solely for residential purposes. For instance, weddings result in family guests from out of town. Tenants have resided at the property when they were attending a wedding staged in another location, which is a residential purpose. To our knowledge, the property has never actually been used for a wedding. Regarding business events, tenants have rented the Property and have invited guests who stayed at the property. They have met in the living room when they are staying at the Property overnight. To our knowledge, no business has ever rented the Property without overnight residence. A family reunion with the family sleeping in the Property is by definition a residential use of the property as it is used by one family with guests, We do not believe the code is a basis for Hiniting the number of guests a family may have in their home. R. Inaccuracies and /or misleading information in the Order. The Order has a number of omissions as well as containing misleading information. 1. At our request, the city inspector has visited the Property since the initial inspection and provided feedback on the improvements that were requested by him. Please see the attached list, as it is quite extensive. We have been working expeditiously to meet all requirements, some of which have been very complicated. The plumbing and electrical works were both completed last week, and an inspection is being scheduled, first with the electrical inspector, and next with the city inspector. 2. Excessive noise has not been in issue with any neighbors and is not a violation of residential zoning. We have never received any complaints from any of the neighbors, who we are in contact with quite frequently, nor have we received any notice from police or the city of complaints. 3. Any number of cars in a driveway is not in and of itself a violation of residential zoning. The driveway is very large, and the home has more than six bedrooms. Nine cars is not an unusual number of cars for a home of that size. 4. The boat and pontoon boat have been removed since the date of the Order. Because our intention is to provide rental services in accordance with city ordinances, we would appreciate completion of the city inspection process, as we did not see anywhere in the ordinances where you can prospectively deny us the right to go through the rental application process. C. Neighboring businesses in the RIA zoning area There are several other examples of businesses in the city in l2IA. Two doors down from the Property, there is a sign for a tree service, and their driveway is continually filled with wood being turned into chips, etc. One reason we know this is we hired them to take down a tree, and supply wood chips. There is also a greenhouse /plant seller, according to the city zoning maps. All of these provide needed services to our community and neither of those businesses has their custorners residing in their houses. In closing, our desire has been to provide a needed resource for the community with little to no negative impact on our neighbors. We believe we can do so and perform per the ordinances of the city. We are looking for an amicable solution. We feel the best solution is to allow us to continue to use the Property as a short term residential rental property, as it is positive asset for the members of the community and the city and our family. Sinc rely, Quentin h•ey M O/O/ZU rtn; Vol ling 042516.htm From: Volling, Jon [Jonathan.Volling @PERKIN ELMER.COM] Sent: Monday, April 25, 2016 3 :40 PM Exhibit C To: Brad Nielsen Subject: 26040 Wild Rose Ln Brad, We spoke earlier on the phone regarding 26040 Wild Rose Ln. I found the following link on VRBO showing the home is being listed as a vacation rental property for $768 per night targeting large groups. Please seethe link below hhttp_s:l /urldefense oroofpoint comlv2lurl ?u —htt� 3A www.vrbo.com 723309 &d =0 wICA &c =3mG18 K61eS1YDH67ax3kFkT2tJAG8112 2IcEC1hXk &r= azkbIMBHPAk1C2PutouKv24xn 4DGMKaK5for29EPKl &m =w eEIHNXGdY fgivlD2iiRNT2LIm7hDWGoiSsW- Mn2w &s= nF1To0YV 2' 1-9J1k2ui sFOC A,wvQHiucuN - 1 2wM &e= Jon Volling I Regional Sales Managerl Diagnostics Ionathen volling(dperldnekner corn Mobile: 952.2107420 930 Winter Street, Waltham MA 02451 USA mvw�m Please considerthe environment before Omingthts email. This emrafl message and anymachmenis are amlidemal and proprieury is PerMnElmer, lac. Ifycu are nat the inlanded redpienlof lne message, please inform Ne sender by replying fe this email or sending a message b Ne sender and destroy he message and anyal'achmenls. Thankym l file: / //C:/ Users /bnielsen/ Desktop /Irey` /`2OResident` /e20ema!Is /Volling ° /`20042516.htm 8/8/2016 Johnson 051316.htm From: Bruce Johnson [bcjohnson4649 @yahoo.com] Sent: Friday, May 13, 2016 8:45 AM To: Brad Nielsen Subject: 26040 wild rose lane Brad Thank you for calling me on the residence at 26040 Wild Rose Lane. My experience at this residence has been primarily on the weekend, however, yesterday 4 vehicles which included 2 large passenger vans were at the house overnight. I will watch for a picture opportunity to show the number of vehicles. There are 2 boats one a large pontoon that are parked in the front of this property as well. The property owners live in Texas and I'm sure they are not aware that boats are being stored there as well. We have had an issue with garbage being dragged into our yard. I'm guessing its animals in their trash. They do not appear to have a trash service. Thanks again for your help...... Bruce A. Johnson 26060 Wild Rose Lane 952 - 923 -1622 f i V flle:///C:/ Users /bnielsen/ Desktop /Trey %20Resident %20emails /Johnson %20051316.htm 6-2- 1/1 8/8/2016 Volling 052216.htm From: Volling, Jon [ Jonathan .Volling @PERKIN ELM ER.COM] Sent: Sunday, May 22, 2016 11:37 PM To: Brad Nielsen Subject: 26040 Wild Rose Ln. Attachments: 20160522_090046_resized.jpg Brad, I wanted to make you aware that the home next to ours appeared o be rented out again this past weekend. Attached is a photo from this morning, May 22nd at 9:00 am. I saw the salve cars in the driveway the evening before, so i know they are spending the night. Regards, Jon Volling Home owner at 25930 Wild Rose Ln. Sent from my Velizon Wireless 4G LTE smartphone file:///C:/ Users /bnielsen/ Desktop/ Irey% 20Resident %20emaiisNolling %20052216.htm t"_ - 3' 9/1 8/8!2016, Voliing 060616.htm From: Volling, Jon [ Jonathan .Volling @PERKINELMER.COM] Sent: Monday, June 06, 2016 7:26 AM To: Brad Nielsen Subject: 26040 Wild Rose LN Attachments: photo 1.JPG; photo 2.JPG Brad, I wanted to make you aware that the home next door to us, 26040 Wild Rose Ln, was rented out to a large party (15 cars and 20 +people) again this past weekend (June 3rd -5th). Attached are some photos we tools to show the activity. I ended up calling the police on Saturday afternoon because of the noise and outdoor drinking games occurring next door. They have removed the boats from property which would indicate they received the letter you sent earlier, but it certainly has not deterred them form renting the property out illegally. What can we do next? Can you increase the amount of the fines? I spoke with several neighbors over the weekend and we all share a growing frustration for this type of behavior in our neighborhood. We want to work with the city and police dept to come up with a plan that will put an end to this. Please let me know what the next stores are and how we can work together. Regards, Jon Volling 952 -210 -7420 Sent from my iPad Begin forwarded message: From: Jessica Volling <jessica.volling�(cr�t mail com> Date: June 6, 2016 at 7:10:27 AM CDT To: jon volling <jonathan volling�nerlcinelmer eom> Sent from my iPhone file :tt /C:IUserslbnielsenlDesktopt trey% 20Resident %20emailsNalling %20060616.htm c" °q , 1/1 tstts «u�,b Volling 061316,htm From: Volling, Jon [Jonathan.Volling @PERKIN ELMER.COM] Sent: Monday, June 13, 2016 8:11 AM To: Brad Nielsen Subject: 26040 wild rose LN rental Brad, Just inforining you that 26040 Wild Rose LN was rented out two separate times this weekend. There was a party that rented on Friday and sat and then another party that came on Sunday and is still there as of this morning on Monday. I am attaching pictures of the two separate instances. The first is from 6/11 and the second from 6/12. file: / / /C:/ Users /bnielsen/ Desktop / Trey% 20Resident %20emailsNolling %20061316.htm 1/2 818/201(A Volling 061316.htm Please let me know when you might have some time this week to connect regarding this matter. Regards, Jon Volling I Regional Sales Manager ionathan.volling@perl(inelmer.com Mobile: 952 -210 -7420 930 Winter Street Waltham MA 02451 USA www.r)erkinelmer.com b file:///C: /Users /bnielsen/ Desktop /Irey %20Resident %20emailsNol ling %20061316.htm 2/2 8/8/2016. Volling 061316 (2).htm From: Volling, Jon [ Jonathan .Volling@ PERKIN ELMER.COM] Sent: Monday, June 13, 2016 9:18 AM To: Brad Nielsen Subject: Re: 26040 wild rose LN rental Brad, Thanks for the update. I am more than willing to testify at the hearing as will other neighbors who are being negatively affected by this outrageous use of the property. I travel a considerable amount for work and would appreciate as much advance notice as possible in order to make scheduling arrangements to be available on the date of the hearing. I hope the city is continuing to fine the Ireys for each violation as their disregard for the city and the neighbors affected by their actions is completely disrespectful. Also, if possible can a written notice of the hearing be provided prior to the meeting as I would like to reach out to as many of the neighbors as possible in efforts to have a strong showing. If this is possible please send me a copy and I will be more than happy to distribute and go door to door asking for the neighborhood support to stop this nuisance behavior of the Ireys. Regards, Jon Volling I Regional Sales Manager) i onathan.vo llinLY(C�,berkinehner. coin Mobile: 952- 210 -7420 930 Winter Street Waltham MA 02451 USA. www.perlcinelmer.com On Jun 13, 2016, at 9:03 AM, Brad Nielsen <BNielsen cr ci.shorewood.mn.us> wrote: Hi Jon, Just to let you know that the Ireys have appealed the notice we have sent, claiming that they are only renting to families and not advertising it for business use. I think the activity and their ads in VRBO and AirBnb suggest otherwise. We will be setting up a hearing in the next few weeks to consider their appeal. Everything about that is public information and the hearing itself is open to the public. In fact, when I spoke with the City Attorney, he indicated that nearby residents can testify at the hearing, if they are willing to do so, which could be very useful to us. I will keep you posted. Thanks for the photos. Everything helps. Planning Director 952 - 960 -7912 From: Volling, Jon [mai[to: Jonathan .Volling@)PERKINELMER.COM] Sent: Monday, June 13, 2016 8:11 AM To: Brad Nielsen Subject: 26040 wild rose LN rental Brad, Just informing you that 26040 Wild Rose LN was rented out two separate times this weekend. There was a party that rented on Friday and sat and then another party that came on Sunday and is still there as of this morning on Monday. I am attaching pictures of the two separate instances. The first is from 6/11 and the second from 6/12. <image001.jpg> <image002.jpg> file: / / /C: /Userslbnielsen /Desktop/ trey %20Resident %20emailsNolling %20061316 %20(2).htm 1/2 Bisr2016, Volling 061316 (2).htm Please let me know when you might have some time this week to connect regarding this matter. Regards, Jon Volling I Regional Sales Manager Jonathan .volling@perkinelmer.com Mobile: 952 -210 -7420 930 Winter Street. Waltham MA 02451 USA www.perlcinelmer.com file:NC:/ Users /bnielsen/ Desktop / Trey %20Resident %20emailsNolling %20061316 %20(2).htm (`. -- 2J2 8/8/201�j Johnson 061416.htm From: Bruce Johnson [bcjohnson4649 @yahoo.com] Sent: Tuesday, June 14, 2016 1:55 PM To: Brad Nielsen Subject: 26040 Wild Rose Lane Brad the web site has been revised for 26040 Wild Rose Lane on the web site "airbnb" SM # 46 This the code that the people that rent out the house use for it. Live Large 7Bedroom, 5 baths, 16 beds $2534.00 per night 2 night min. $290 cleaning fee $321 Service fee $999 security deposit $5.00 per person per night over 7 people Family reunion, great space for large group meetings, Dining for 24 with addition space No limit on parking on the street near building The same group is there that came on Sunday afternoon. 9 cars This the first time that the house has been occupied through the week. The group that was here last Thursday, left Sunday morning and the current group came Sunday afternoon. Please keep advised on when the appeal hearing is. Thank you Bruce A. Johnson fle: / / /C: /Users /bnielsen/ Desktop /Trey %20Resident %20emails /Johnson %20061416.htm � 1/1 818(2016 Volling 062216.htm From: Volling, Jon [ Jonathan .Volling @PERKINELMER.COM] Sent: Wednesday, June 22, 2016 1:45 PM To: Brad Nielsen Subject: Renting 26040 Wild Rose LN for company functions Brad if you zoom in on the attached picture you will see that several of the cars have the same logo on them representing a company 'called "It Works ". They also had a sign on the front of the house which is a little hard to see:. In addition the individuals renting the home certainly had clothing with the company logo and carried bags /products into the home representing the It works logo. This photo was taken on June 12th. Please let me know if you have any questions Regards, Jon Volling I Regional Sales Manager) Jonathan .vollinQa,berkinelmer.com Mobile: 952- 210 -7420 930 Winter Street, Waltham MA 02451 USA www.perkinelmer.com fil e: II IG: lUserslbniel senI Desktopllrey% 20Resident %20emailsNolling %20062216.htm e/ -/0 1/1 CITY OF SHOREWOOD There are millions of people around the globe and in our country waiting and needing to hear the Gospel. Currently there are over 300,000 Christian churches in America led by people called to share the Gospel. �� Keystroke by —''—''��',�-----. ---o----�� ^^ex~~~o~e People who may never have heard God's Word are now not only able to hear but listen, understand and document the Word and through their editors' (Discipters) feedback, confirm understanding of their document. God's Word, through His Body, provides an income to put food on the table and shoes on small feet. L� ~/' The Provision Project provides a resource not only for the un reached but for all it touches, including all of us. Quantum Learning states that we learn: ® 10% of what we read * 20% of what we hear * 30% of what we see 50% of what we see and hear 70% of what we say 90% of what we say and do Isaiah 55:11 says: It is the same with My Word. I send it out and it always produces fruit. It will accomplish all I want it to and it will prosper everywhere I send it. Our prayer and our calling is that we might fulfill Ephesians 4:12-13 in "the equipping of the saints far the work of service, to the building up on the body of Christ, until we all attain to the unity of the faith and the knowledge of the Son of God". Please join us in this global outreach to encircle the globe with the Word of Christ. Will you join us fulfilling the mission given by our Lord and Savior, to make disciples of all nations? If so please contact Rebecca at 512-966-3710 or provision -t@truebluetranscription.corn and find out how to get started right away! Dear Neighbor You may not remember our family. We lived for 12 years at 26040 Wild Rose which some of you may know as the old Taylor house where Softsoap was invented and eventually led to the lovely octagonal master bedroom addition where our three youngest children were born . In 2013, we made the big leap to a warmer climate and moved our family of 9 to Texas. While we love our new home, Wild Rose will forever ERN M M I MR# "R I remember many crockpot meals delivered to neighbors, walking Mrs. Junes dog, babysitting for the Myer's family and pushing many an Irey stroller around the huge Wild Rose "blocle'. Our oldest daughter is now married and expecting our second grandbaby, we have become full time missionaries and our Wild Rose time now seems like the "good old days". Since we moved to Texas, God has done a major work in our family in addition to becoming grandparents! We have started a ministry that send the Gospel to the 52 countries around the world where the Bible is restricted or illegal and have reached people in Iran, Nepal and Serbia. The Lord has also put a burden on our hearts to be irrri6timmi ue the widow, orphan and the prisoner. That is where our story returns to Wild Rose Lane. Despite efforts to sell our home, we were unsuccessful. However, we met a lovely couple, Scott 8L Jenna, Minnesota natives who rented our home and utilize it to serve our community as a short term rental serving local families experiencing bereavement, family reunions or even parts of sports teams (Go Skippers! :0) They in turn send part of the proceeds from that effort and community service to support our mission work. Our lovely community in Shorewood is supporting us still and it warms our hearts. Why am I telling you this? Several reasons, the first being to thank you. We would not be who we are today without the years we spent on Wild Rose Lane and we will be forever grateful and a big part of "home" to our family. Second, we would covet your prayers on our journeys and would love to keep in touch and even share a meal should our travels bring us home again. Third, to keep you informed of the activity in our home. Scott and Jenna are fantastic and meet every single person that stays in our home, vetting them to make sure they will fit into the community no matter how short their stay. They are utterly clear about the unacceptability of excessive noise and disturbance and that everything must be shut completely down by 10 prn as required by city code. If you ever have ANY concerns at all, I would love to chat with you by phone, email, or letter. I be happy to share any and all information and Scott and Jenna are local and will jump on any concerns you might have immediately. You can reach them at 612-701-0900 or 612-759-1022 if no answer. Community is so important to our family and we know it is to you too! We are so excited to be able to provide a service to the place we called home for so long just like Otis two doors down, or the security company a block up, the construction company at the end of the street and the greenhouse too! I know all of those folks blessed us at one time or another in our time in Shorewood. I am enclosing a bit more information about our ministry as well as a picture of our family in case you don't remember us or maybe you have moved in since our family moved south. May you be even more abundantly blessed than we were during your time in this wonderful neighborhood! Rebecca & Quentin Irey June 22, 2016 I am responding to the letter left in our mail box on June 21, 2016. I think it is great that you have chosen a Christian calling and wish you success with your venture. We are amazed and confused by your interpretation of how your home is being used. We live next door and the parties that have been going on for months have been a total intrusion on our life. We can no longer feel comfortable on our deck with the activity on your decks and back yard. The Police have been called and visited your home several times. We are not the only ones affected by your home rental. Several neighbors have asked what is going on. They are concerned about the excessive drinking. On one occasion there were 30 cars in the yard and parked on both sides of the street making passing cars stop to get by. The parking stretched past our house. We did not know at the time that your home was posted on at least 2 vacation sites for short term rental. We thought it was a realtor open house. We knew that on occasion you had large groups at your house so we your let it go. We did not realize it would continue overnight and continue for 3 days. That was just the start of this nightmare. We were informed by 2 women who came to our house by mistake and asked if this was the house that was advertized on "airbnb ". We went to the site and found your home listed for rent 2 day minimum $654.00 per night. It suggested the use for Business /wedding, events, seminars, conference center and retreats. We have been informed by the City of Shorewood that you have been cited for violating zoning and you should ceace renting. This notice is dated May 20, 2016. We have not seen any change and the parties continue. The neighbors have been reluctant to call the Police as they were concerned about retaliation. In as much as there does not appear to be anyone in charge or responsible for what goes on, we have no one to contact. We have witnessed loud arguments on your decks into the early morning. Pool side parties that have gone on until 2:30 am. Day time drinking parties that covered all your property. Foul language and bosisterous groups of both groups of men and groups of women. We have Sunday morning cleaning crews with leaf blowers cleaning you're out door carpet. We saw that the web site changed again with a little different terminology and hugh increase in rent to $2534.00 per night 2 night minimum. To suggest this a place for bereavement, sporting events is hard to believe at that price. I'm afraid you are disillusioned as to how your home is being used. We were aware you were trying to sell your house. We never saw an open house and when we tried to contact the person on your sign about a tree branch, we were unsuccessful. On another occasion an �f d alarm went off in your house and the Police contacted me to see if we knew how to get inside. You did have a renter for several months who told us they were interested in buying your house, but that it needed extensive repair. They were trying to negotiate the price because of the repairs needed. They left in Feb of 2015. During the time they were renting the large refrigerator in the kitchen was making a terrible sound for days. The renters told use the motor was shot and they were turn it off. Last fall your furnace starting making noise that made uncomfortable to be outside. This went on for weeks before that repair was made. You talked about neighbors and this great neighborhood. Mrs. June sold a couple years ago and a young coupled moved in. They have 2 small children and have had to deal with this ongoing party as we have. They have done a greatjob fixing up the June house and are very concerned what your rental house is doing to property values. The boat storage has been taken care of after the City of Shorewood had you move it. We had that pontoon overlooking our front yard since last fall. The area where the boats were stored has never been cleaned up. The weeds are waist deep there are tree branches down and the wires are still hanging from the tree that came down when you lived there. This area is your front yard which faces the road. If you truly are the Christian people you say you are, you will put a stop to this short term rental and let us have our neighborhood back. Bruce & Carolyn Johnson 26060 Wild Rose Lane, Shorewood, MN. 55331 8/8/2016, Johnson 071116.htm From: Bruce Johnson [bcjohnson4649 @yahoo.com] Sent: Monday, July 11, 2016 10:58 AM To: Brad Nielsen Subject: Re: 26040 wild rose lane We are disappointed to hear of the delay. There are 5 SUV's in the driveway that have been there since saturday. It is a larger group that have several children. Its like living next to a water park. I have not received a reply to my letter to the Ireys. We have seen people on the deck at Ireys photographing our back yard. Today a lady stopped her car in front of our house and took a photo. I don't know if any of this is related. It appears we will have to put up with this the rest of the summer. We were planning on adding a screen porch to our deck, but have put that on hold until we see what happens next door. Please keep us advised. Bruce Johnson From: Brad Nielsen <BNielsenft_ci.shorewood.mn.us> To: Bruce Johnson <bciohnson4649(d�yahoo.com> Sent: Monday, July 11, 2016 10:34 AM Subject: RE: 26040 wild rose lane Hi Bruce, The Ireys have hired an attorney, a result of which is that we need to bring in the City Attorney to represent the City side of the case. The attorneys are talking about an additional delay of perhaps a week. I will let you know as soon as I know more. From: Bruce Johnson [ mai Ito: bciohnson4649(abyahoo.corn Sent: Friday, July 08, 2016 8:21 AM To: Brad Nielsen Subject: 26040 wild rose lane Good Morning Brad Its pretty quiet next door. Looks like the 4th of July renters are gone. Their pool motor is making a loud noise. I suspect it will quit one of these days. I have the date for the hearing as Wednesday July 13, however, I don't have a time. I haven't shared any info with neighbors as I was waiting for a time for the hearing. We have not been able to find the web site for rental. It does not appear where it was previously listed. Please advise. Bruce Johnson file: / / /C:/ Users /bnielseni Desktop /Trey %2ORes!dent %20emaiIs /Johnson %20071116.htm `°" -17 1/1 8/8/2016, Johnson 071516.htrn From: Bruce Johnson [bcjohnson4649 @yahoo.com] Sent: Friday, July 15, 2016 11:57 AM To: Brad Nielsen Subject: 20640 wild rose lane Hi Brad Friday noon and the same 5 SUV's are here . All week it appears to be 5 families. Just wanted to give you an update. Thanks Bruce Johnson � ? file: / / /C:/ Users /bnielsen/ Desktop /Trey ° /`2OResident %20emails /Johnson` /`20071516.htm � 1/1 8/812016, Johnson 071816.htm From: Bruce Johnson [bcjohnson4649 @yahoo.com] Sent: Monday, July 18, 2016 9:54 AM To: Brad Nielsen Subject: 26040 wild rose lane Good morning Brad. There has been a turn over of renters again yesterday. The cleaners showed up Sat. and stayed the night preparing for the new group 6 vehicles several children. They have not slowed down. They are running the house like a hotel. Do you have a date for the hearing yet? This is taking far longer than I ever imagined. Bruce Johnson 26060 wild rose lane. fle: / //C:/ Users /bnielsen/ Desktop /Irey %2OResident %20emails /Johnson %20071816.htm C — % q 1/1 • e July 0 Shorewool On June 18, 2016 at 6:30 PM my husband, my sister -in -law, my husband's step - mother and I were returning from a family event and drove by the property at 26040 Wild Rose Lane. We all commented on the abundance of cars parked not only on the road but in the driveway. And as there had already concerns expressed at city hall about the appropriate rental use of this house and the accompanying weekend party noise, I leashed up my dog and went up for a look. Attached are the pictures that I took when I wandered up to the house. There were a total of 17 cars parked there; they were parked 2 rows deep in front of the garages, all along the inside curve of the driveway and on the street. As far as I could tell they all had Kansas license plates. The pictures were taken at 7 PM. I walked up to the house and chatted with a woman sitting on the porch about who rented the house and left but was over taken by 2 gentlemen when I reached the road. I mentioned that the party was already very loud and that the house was already known to be a problem because it did not have a short term rental permit to be used in this manner (I did say that this was not his personal problem but rather an issue with the actual owners of the house), and in fact this was otherwise a very quiet neighborhood in a very quiet city. The regular, almost weekly parties that were being held here were on the police radar and while I would not be the one to call them this time, he should be aware that police would probably be by. The gentleman said they were in town for a dance event and "had some extra burgers" so they invited a few friends over. I said, there are 17 cars here. And he said, well only 5 families are staying here. He also said that the noise would abate "at the appropriate time." And he said that he would speak to the neighbors if they actually came over. To which I replied, well, I am here now. 1 live WINMOMS of the property. From where we live (off thdN= of this property) we could easily hear a considerable party under way, music, screaming and splashing. We are situated across the wetland immediately behind the house and on lower ground so the weekly party noise that emanates from this property is broadcast out the back like a band shell for all to hear. Now we check it prior to every weekend. By Friday there are 3 -5 vehicles parked in front of the garages. Many Friday or Saturday nights you can hear a loud party -loud music, yelling, splashing. Again, it is broadcast like from a band shell out the back. There was a big party for instance last weekend, with some kind of pool "competition" (you could tell by the nature of the yelling after each splash) followed by fireworks when the sun went down. (There are often fireworks at these gatherings.) There were 8 cars parked that I could count on the fly the morning of the 16th when I drove by on my way to do errands. The home is being treated as if it was a part of a resort property with noise levels and "guest" behaviors that are inappropriate for a residential neighborhood. 6 _ 4 K' waueS` " i ',a' F.^M F W y�,]n3��> IN ,, B?.L"'`� �,dza�- �'�• ,t.,,.,.,..�x�•.�.e� t{ sr � 1 r a '` a � �'-�hc .k t -� � t^ '. i 3�y t Fx k k yy 5 i � � t t= 818/2016 Johnson 072116.htm From: Bruce Johnson [bcjohnson4649 @yahoo.com] Sent: Thursday, July 21, 2016 3:00 PM To: Brad Nielsen Subject: 26040 wild rose lane Thursday turn over of renters. New group with small children saw 8 cars this morning. Some how they continue to find renters for that property. I don't know where it is being advertised. fi I e: / / /C:/ Users /bnielsen /Desktop /Trey %2OResi dent %20emai I s /Johnson ° /o20072116.htm 1/1 8/812016, Johnson 072516.htm From: Bruce Johnson [bcjohnson4649 @yahoo.com] Sent: Monday, July 25, 2016 3:42 PM To: Brad Nielsen Subject: 26040 Wild Rose Lane Monday July 25 We had a group with 5 SUV's several children over the week end. They were in the pool until 10:00 then quieted down. They continue to move groups in and out. It continues to be like a water park... file: 1 /1C:lUserslbnielsenlDesktop/ Trey% 20Resident %20emails(Johnson %20072516.htm 111 8/8/2016 Johnson 072916.htm From: Bruce Johnson [bcjohnson4649 @yahoo.com] Sent: Friday, July 29, 2016 9:22 AM To: Brad Nielsen Subject: 26040 wild rose lane turnover again Weds. New group of 5 vehicles with several children. very loud group during the day like being next to a water park. Once again they seem to be able to find renters to replace the group over and over. fi le: / / /C:/ Users/ bnielsen /Desktoplirey %2OResident %20emai Is /Johnson %20072916.htm 111 8/8/2016 Johnson 080316.htm From: Bruce Johnson [bcjohnson4649 @yahoo.com] Sent: Wednesday, August 03, 2016 9:27 AM To: Brad Nielsen Subject: 26040 wild rose lane We saw a turn over Saturday morning July 30th. It was the first Saturday night with no renters all summer, It was very enjoyable. New renters came on Sunday 5 vehicles. Some how they continue to keep the house rented. I did send a short letter to the Ireys telling them that it wasn't us who complained to there renters. I recieved another letter from Mrs. Irey basically saying that that is there home whether they live there or not and she has the right to do as she pleases with the house. We are still looking for the August 10th hearing. Do you have a time? We would like to inform our neighbors so we get a showing...... 6 lile:NC: /Users /bnielsen/ Desktop /lrey %20Resident %20emails /Johnson %20080316.htm 1/1 \ \ ..................... \ \d. Ing ,1 \ � \� \ .�� \/� � \ S ^\ W., ��F % W k 2 , q { t (b �_ �r r 9 3 t r iii J yy � l s } o� c st two & S l i I �R �4 'i ?F WAR x*�Y'4 Brad Nielsen From: Volling, Jon [ Jonathan .Volling @PERKINELMER.COM] Sent: Tuesday, August 09, 2016 9:21 PM To: Brad Nielsen Subject: Letter from Jon Volling to be used at the hearing regarding the Irey residence Brad, I am writing this letter to provide my personal experience regarding the continued use of the Irey's home located at 26040 Wild Rose Ln as a short term rental property over the past several months because I cannot attend the hearing in person due to out of town business travel. Please use my comments below in lieu of providing comments in person. My wife and I with our two children, ages 9 and 6, live next door (25930 Wild Rose Ln) to the Irey's property. We have owned our home on Wild Rose Ln since August, 2013 and have never personally met the Irey family. As a resident of our neighborhood and the City of Shorewood I am requesting that the city decides to not permit the use of residential properties as short term rental opportunities. Part of the attraction of living in our neighborhood and the city of Shorewood is the sense of community. We enjoy knowing who our neighbors are as we look out for each other. The short term rental from advertising on multiple "For Rent By Owner" websites such as VRBO and AirBnB has disrupted our sense of community as we never know who is staying or coming and going from the Irey residence. The Irey's stated in an earlier appeal letter to the city of Shorewood that "Our desire is to provide a needed resource to the community with little to no negative impact on our neighbors ". I can tell you that living directly next door to the rental property we have been negatively impacted in the following ways: 1. We have called the South Lake Police to file noise complaints because of excessively loud party noise sometimes well after midnight because of unruly renters partying in the backyard of the Irey's home. We also filed a complaint with the South Lake Police on a Saturday afternoon because a large party of renters at the Irey's we participating in group drinking games in their front yard. On this occasion our young children were eating lunch and as they looked out the window of our dining room they were exposed to college age individuals falling down drunk and screaming obscenities. I certainly hope this is not an example of the "needed resource to the community" that that Irey's state they are providing. Our driveway entrance is one before the Irey's driveway if traveling west on Wild Rose Ln. On a regular basis (more than once per week) we have renters mistaking our driveway for the Irey's driveway. We have a large circular driveway in our front yard in which our children ride their bikes and our dog walks on. When renters mistake our driveway for the Trey's they regularly drive all the way around the circle and several times I have had to call my dog out of the way of mistaken drivers and more importantly have to rush to my children and help them get off their bikes and into a safe place away from the passing cars. Because the Irey's advertise the property as being accommodating to large groups /parties we routinely look out our windows to find 20+ cars parked in the driveway and in the front yard of the Irey's home. We have also experienced a food truck parked in the driveway as part of a large party that used transport buses to bus in individuals to a party occurring at the Irey residence. These types of large parties /groups are renting the Irey home on a regular basis, sometimes as many as three different groups in a single week. Having to look at the excess of cars and people and listen to the noise associated with these types of groups is a nuisance to all neighbors and has no place in a residential neighborhood, especially in a city as peaceful as Shorewood. In closing, the short term rental of the Irey's home over the past several months has proven to be a nuisance to our neighborhood and an invasion of our privacy. The Irey's are not providing a "needed resource to the Community" and in my opinion the only resource provided is personal financial gain the Irey's receive from the proceeds of the short term rental of their home. Please consider the negative impact on our family and our neighborhood as described above when deciding over this matter. Sincerely, Jon Volling Jon Volling I Regional Sales Manager) Diagnostics ion ath an. vollingOperkinelmer com Mobile: 952 - 210 -7420 930 Winter Street, Waltham MA 02451 USA www.Perkinelmer.com Please consider the environment before printing this e-mail. This e -mail message and any attachments are confidential and proprietary to PerkinElmer, Inc. If you are not the intended recipient of this message, please inform the sender by replying to this email or sending a message to the sender and destroy the message and any attachments. Thank you. S&J#46—Live Large 7BR+5ba Pool+Spa! - Houses for Rent in Excelsior Where to? S&J#46-Live Large 7BR+5ba Pool+Spa! Excelsior, MINI, United States Page I of 15 Exhibit D Request to Book 'P Report this listing About this listing A 0 (,Of C41r 0- '/I A /I)nl -1 S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior "Scott and Jenna Short Stay" is a family. We have hosted over 1,760 families and groups (from all websites) as of November, in 24+ places! (Search us or delve into our profile to see them all...) We greet you in person! (Ask us about special$!) Contact Host Page 2 of 15 (https: / /al.muscache.com /im /pictures/ 106813148 /ee857811_ original .jpg ?aki_policy= x_large) Older photo, see newer photos here... parking area. Garages used for storage The Space Accommodates: 16+ (/ explore / excelsior - -mn /house /large - groups) Bathrooms: 5 Bedrooms: 7 Beds: 16 Check In: Anytime after 4PM Check Out:10AM Property type: House (/s /Excelsior - -MN ?type= house) Room type: Entire home /apt House Rules 1ittnw //xxrxxTxxT airhnh K11 n M01 K S&]#46—Live Large 713R+5bu | - T-l0nonm for Rent iuExcelsior Amenities 9O AA Kitchen L� Internet �U 0A Kitchen [� D] Internet Cl TV E�jj Eoountio|o [] Shampoo � o� Heating »� Air Conditioning �� | Washer Dryer Free Parking onPremises " Wireless Internet �� ~�� Cable TV \�p 8naokfoat Pets 4lleved u� ��/ Family/Kid Friendly |o|mr—nnn? MM Page 3u[]5 �� g Essentials +yNorm 9 Suitable for Events (/s/mxce|uior—nnn? annenYty=mvont-space) Elevator in Btfitldfirnru- �� u�� Indoor Fireplace Buzzer/Wireless intereeffl IDGem*an (115 Pmo|Vs/mrcm|uimr—mmn?anmonity=poo|) m 0M Hot Tub Gyffi /� \�/ 24-Hour Check-in .� ~—~ Hangers ��| ' ~�= /non Hair Dryer Laptop Friendly Workspace Prices Extra people: $S/ night after 7guests Cleaning Fee: $290 Security Deposit: $999 Weekly discount: Oq6 Monthly discount: (/s/Exoe|aior-MN?oub|otn=month|v) 31% Cancellation: Strictkhonne/oonne||atinn_po|iuieo#otriot) Description The Space ��- / S &J #46NLive Large 7BR +5ba Pool -FSpa! - Houses for Rent in Excelsior Page 4 of 15 This space is available fgrrrressi- d- -e�ntial purposes for gro ups that need a LARGE space -- your family reunion, temporary space vbhen remodeling, lamily staying for a medical purpose, etc. A relaxing and efficient space for you. 6 +BR with 9 beds, +9 sofa futons, 4 full baths + 1/2, meet +game rooms, indoor spa! -- a great space for a large group! Six+ bedrooms Master suite with King Sleep Number and bath with Pearl Bath Jacuzzi Style tub and separate shower Den bedroom space with King Sleep Number Set of Five bedrooms in one area... Bedroom with Two Queen Sleep Number on one side of Jack and Jill Bath (Jack and Jill bath has separate door for shower and toilet compartment) Bedroom with Two Twin Beds (one sleep number) on other side of J &J Bath King Bedroom King Bedroom with space for crib (We can supply portable cribs) Queen Bedroom Other baths: Additional full bath in Bedroom area. Bath with steam shower near Spa Room Powder Room in Hall near Dining Room. TWO Laundries Game Room with Billiards, Ping Pong Topper, Foosball, other games Meeting Room with _two_ inner spring sofa futons that lay flat for comfy full size bed, PLUS many table arrangements. Meeting room can _easily_ fit 20 to 28 for many styles of seating. Meeting room is lower level than entry area, which makes natural podium for sharing. 55 inch HDTV connected to cable TV, ESPN and Cartoon channels. Living Room with _four_ inner spring sofa futons that lay flat for comfy full size bed. Note: Not all can be laid flat without re- arranging furniture. 55 inch HDTV connected to cable TV, ESPN and Cartoon channels. Lower level Sitting room with _three_ inner spring sofa futons that lay flat for comfy full size bed. Dining Room with standard set up for 10 -12 at one table. NOTE: Additional tables available can make dining seating in Kitchen - Dining - Entry for 24 or more. NOTE: Meeting room can also be arranged for dining service. NOTE: Outdoor decks provide hundreds of square feet for dining service. Kitchen is large, with walk -in refrigerator and freezer. Spa room has six person spa tub with jets. Outdoor Pool is seasonal. Play Structure is very large! Guest Access You have complete access except for the garage, which is used for storage. S &J #46 —Live Large 7BR+5ba Pool +Spa! - Houses for Rent in Excelsior Page 5 of 15 Interaction with Guests We are here to help, and are available for emergencies 24 hours per day. The Neighborhood Very quiet residential neighborhood with Howards Point Marina boat rental on Lake Minnetonka a mile away, and public swimming beach on Lake Minnetonka a mile away. Many restaurants in Excelsior, Orono, Navarre, Mound, Minnetonka and Wayzata. Numerous catering services. Miles long trails on converted railway rights of way. Getting Around There are park and ride locations within a couple of miles, giving access to the entire Twin Cities. However the bus service is "commuter" oriented. Route #671 makes three trips to Downtown Minneapolis in the morning and evening along Highway 19, about a miles east of the house. There are of course taxi services, Uber and Lyft, and services that will drive you and your car home from your night on the town. Other Things to Note This is an exceptional property for your family to reside for reunions or a special event, etc. We can make special arrangements for tables and chairs so everyone can sit down together, inside and outside. + More House Rules Check -in is after 4PM 1. Smoking is NOT allowed inside the building. Smoking is allowed outside only. Please dispose of cigarette butts properly and be careful with the use of fire. 2. People other than those in the Guest party set forth above may not stay overnight in the property. Any other person in the property is the sole responsibility of guest. 3. All of the units are privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. 4. Keep the property and all furnishings in good order 5. Only use appliances for their intended uses. Guest agrees that Internet access will not be used for illegal or illicit purposes and indemnifies Homeowner against criminal and civil prosecution for such conduct. �� S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 6 of 15 6. NO PETS ALLOWED AT THIS UNIT. Pets are permitted only with prior approval, are generally limited to service animals, and the Pet Addendum must be used if a pet will stay at the unit. Note to those with allergies: cats reside in other areas of the building and dogs may have stayed in the unit in the past. Please keep in mind we thoroughly clean with HEPA type vacuums and all linens are laundered after every guest. 7. Parking: T e is I no limit to park' fie- bufl4i.ng. NOTE that in winter, ther are "Snow Emergencies" declared and your car must be off- street. NOTE that maintenance crews may prohibit parking, please look for signs. Consult with management regarding where to park at that time. Off street parking is generally limited to one vehicle(s), however two vehicles may be parked one behind the other in the reserved space. Vehicles are to be parked in designated parking areas only. Any illegally parked cars are subject to towing; applicable fines /towing fees are the sole responsibility of the vehicle owner. 8. Housekeeping: While linens and bath towels are included in the unit, daily maid service or laundry is not included in the rental rate. It is an option, however.. Please ask about for cost. Please ask if you need beach towels. We do not permit standard bath towels or linens to be taken from the units. 9. Hot tub or jetted tub (if in this unit). No children are permitted to use any tub without constant adult supervision. When using the public beaches or tub, remember there is a certain health risk associated with all facilities. For instance diabetics should not use tubs for extended periods. The timer on the tub should be the maximum time of individual use. Use at your own risk. Our housekeepers sanitize tubs prior to your arrival. Be careful in using a jetted tub. There must be adequate water, but not too much water. Please do not overfill, there is no drain in the bath area . 10. Fire. Candles use is not permitted inside the unit: Any outdoor firepit, gas barbecue or candles may be used with caution. Ask for assistance and instruction before using for the first time. Do not leave a fire unattended. Ask for instruction if you have not used these items before, or if they are not identical to those you have used in the past. 11. Underage Drinking J Illegal Drugs: Guest(s) agree not to allow anyone under the age of 21 to consume alcoholic beverages on the premises. Resident(s) agree not to use nor permit the use of any non - prescription drugs on the premises. 12. NO LOUD PARTIES. This is a VERY quiet residential area. No outside parties with loud music, etc., ESPECIALLY after dark or after 10PM. The game room of the property is subterranean! So yes, you can have a party, however we must emphasize that any gathering /party must NEVER be an inconvenience to any neighbor. Disrespectful Behavior: Guest(s) agree and understand that certain things won't be tolerated, including (without limitation) disrespect of property, property owners, neighbors, or company management. Guest(s) shall be respectful at all times. In the event of disrespectful behavior, guest(s) shall be liable for an additional $500 fee. ltttnc• / /unxrtzT airhnh rnmlrnnme /S277Q21 F, �t� n inns � �' S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 7 of 15 13. Holdover: Guest(s) agree and understand that they must vacate the premises upon expiration of the rental term date and time of day (10 AM unless prior agreement). In the event Resident(s) remain on the premises after the expiration of the rental term, Resident(s) shall be liable for standard rental rate plus $200 /day additional fee until the guest(s) voluntarily leave or are evicted from the premises by the authorities. + More Safety Features Smoke Detector Safety Card Carbon Monoxide Detector Fire Extinguisher First Aid Kit Availability 2 nights minimum stay View Calendar (https: / /a0.muscache. com/ im/ pictures / 104740839 /4e9ce7fe_original.jpg ?aki_ policy= x_large) Older photo, see newer photos here... �-1 1-44 .. ,.. /1-----n-- -*-1-1- _____ L._ _-- -_ 101111 11^11 S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior 4 Reviews Page 8 of 15 ( ( /users /show /61403712) Andreas ( /users /show/61403712) Our group's stay was upgraded to a different place for the same cost. Nothing to complain about, everything was fine. Scott was there to open the door for us and showed us around, he was nice and welcoming. + More April 2016 l..w.__D�] Helpful ( /users /show/1207842) Response from Scott & Jenna: Thanks for staying, Andreas! We love hosting international guests. Scott and Jenna April 2016 ( /users /show /6010083) Lee ( /users /show/6010083) S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 9 of 15 A day prior to our arrival, S &J had to change our reservation to another unit because the current guest wanted to stay another night. This was strange. They offered us this unit, which ended up working out well enough, except the hot water didn't work. We figured this out after settling in at about 9:30pm. Scott cut the price in half for us, which was reasonable. + More February 2016 el i Helpful Q ( /users /show/1207842) Response from Scott & Jenna: We are sorry about the challenges, Lee. Actually it was a guest with family that needed to stay an additional week, and needed to be near the hospital. We are sorry about the change, and anticipated that being upgraded at no cost to our biggest space (7BR) with indoor jacuzzi would be the cats pajamas. We have a service contract on everything in the place. But because you checked in late, we could not get a service person there until the next morning. You'll recall we gave you the option to bug out to hotel rooms, but you decided to stay. Again, sorry that things weren't perfect, and we will gladly give you half off on any future stay. Anyway, thanks for being understanding. Scott and Jenna February 2016 + More November 2015 z ( /users /show/10645353) y+ Erika ( /users /show/10645353) Helpful S &J #46 " Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 10 of 15 Great location for an office retreat! We used the hose to conduct a 2. day offsite and found it worked very well. There were about 10 of us. Not everyone slept at the location but there was pleasantly of room for group meetings as well as breakout meetings.; We would' totally, use it again! + More October 2015 Helpful This host has 281 reviews for other properties. _View Other ... ..._ , Reviews ( /users /show/1207842) Your Most (/users/show/19r- Scott & Jenna ( /userslshow11207842) Minneapolis, Minnesota, United States • Member since September 2011 Scott & Jenna don't get much time for traveling, lately! We have over two dozen different configurations for Airbnb travelers! (Look them all up in one place clicking on our picture to access our profile, then see "View All Listings" on the left side). All of our spaces are private individual units. Everything from one room studios to single family homes to an apartment building where we could host 50 people at once! (We own the whole place! Well, along with the bank!) We very much enjoy helping others make the most of their visits to Minneapolis, St. Paul and Minnesota. When we travel, we like warm places when Minnesota is cold... Cali, Hawaii, Florida. But family ties take us to places like North Dakota and Ohio, too. We like contrasts, Jenna loves food that wakes up your taste buds and Scott thinks cream of mushroom soup is a little spicy! t� A 1rY /l1 S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 11 of 15 We especially enjoy the cultural scene in the Twin Cities area. More people per capita attend plays here than Manhattan! Modern dance is another one of our favorite "evenings out ". And the music scene here is always lively -- from folk to rock and everything in between (one of us has an interesting point of view, having been a deejay at the club where Prince filmed Purple Rain). People sometimes ask how we ended up doing this... it boils down to a very aggressive real estate agent! : -) Plus, we are both down -sized refugees from Corporate America. We like having our guests as bosses, instead of (some of) the guys and gals in the corner office that we worked for! If you want to learn more about the area to make the most of your trip, we are happy to help. But we will never be intrusive. We try to greet in person, but can't always manage it with too many people arriving at the same time, or an emergency at one of the spaces. However we are always available by email and phone and emergency phone. We ask °people 'to think of us as the front desk of the hotel. If there is anything we want to emphasize, it is get hold of us if there is a challenge! There is nothing worse to us than hearing of a problem in a review, when we never heard it from the guest while they were here! Don't be shy! Thanks for reading. Scott and Jenna + More Response rate: 78% Response time: within a few hours Reviews ( /users /show/1207842 #reviews) Contact Host Social Connections Are you or your friends connected with this host? f Connect with Facebook ( /oauth_ connect ?from= facebook_signup &service= facebook) S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 12 of 15 Listing Location Excelsior, (/s /Excelsior-- MN)Minnesota, ( /s/ Minnesota -- United- States)United States ( /s /United- States) $600 Similar Listings ( /rooms /7501067) Urban Retreat I near Uptown & MPLS! 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(/rooms/12365034) Entire home /apt —1.4 miles away (PUrns/12365034) (/rooms/10229279) Downtown Chaska, close to weddings (/rooms/10229279) Entire home /apt — 7.7 miles away (7roo�s/10229279) (/rooms/12903635) Ryder Cup 2016 Private Acreage (/rooms/12903635) Entire home /apt — 3.5 miles away Vow /12903635)Explore other options in and around Excelsior c/I n i1) n1 c S &J #46 —Live Large 7BR +5ba Pool +Spa? - Houses for Rent in Excelsior Page 14 of 15 MVreqDdarAQ9J6F0^ Excelsior: Apartments (/s /Excelsior - -MN ?type= apartment) Bed & Breakfasts (/s /Excelsior - -MN ?type =bnb) Lofts (/s /Excelsior - -MN ?type =loft) • Villas (/s /Excelsior - -MN? tYPYY4 ITS) %3&AY iF JRA�t kdP ?I?R8 aMominium) Entire home /apt — 6.5 miles away VAgms/12916392) (/rooms/12011298) Close to Ryder Cup - 4200sf Home (/rooms/12011298) Entire home /apt — 2.5 miles away Nffims/12011298) (/rooms/11293524) Ryder Cup House for Rent (/rooms/11293524) Entire home /apt — 2.9 miles away (/Wms/11293524) (/rooms /9361564) 2016 Ryder Cup Bed and Breakfast Vrooms/9361564) Private room — 5.6 miles away (AgRms/9361564) (/rooms/11839785) Excelsior Duplex (/rooms/11839785) Entire home /apt — 2.5 miles away VAgms/11839785) (/rooms/11271975) Ryder Cup 2016 Rental Near Chaska (/rooms/11271975) Entire home /apt — 7.2 miles away ()POns/11271975) (/rooms /6700803) Chanhassen -Ryder Cup 2016 ( /rooms /6700803) Entir ho e/a t 5.2 mile a People also s a ir�MilnneapofIss( s' %Minneapolis - -MN ?type= house) • St Paul ( /s /St- Paul - -MN? t d= r�iouse 67OOorS /s /Madison - -Wl ?t e =house Omaha /s /Omaha - -NE ?t Yp } ' ( yp ) ( ype= house) • Chicago (/s /Chicago - -IL ?type = house) • Toronto ( /s/Toronto -- Canada ?type = house) • St Louis ( /s /St- Louis - -MO? type = house) • Fort Wayne (/s /Fort- Wayne - -IN ?type= house) • Ferndale (/s /Ferndale - -Ml ?type= house) - Marshfield (/s /Marshfield - -MA ?type= house) • California City (/s /California - City - -CA ?type= house) English i S&J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 15 of 15 USD About ( /about /about -us) Careers ( /careers) Press ( /press /news) Blog (http: / /blog.airbnb.com) Terms & Privacy ( /terms) (https: /�(�vlas:f'i in ®{rrirkirkl�b © Airbnb, Inc. 0 t5' S&J#46—Live Large 7BR+5ba Pool+Spa! - Houses for Rent in Excelsior Where to? Page I of 14 S&J#46-Live Large 7BR+5ba Pool+Spa! Excelsior, MN, United States 0-0 Entire home/apt 16 Guests 7 Bedrooms 16 Beds Request to Book $1871 Per Night P71 Request to Book Al" S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 2 of 14 P Report this listing .About this listing "Scott and Jenna Short Stay" is a family. We have hosted over 1,760 families and groups (from all websites) as of November, in 24+ places! (Search us or delve into our profile to see them all...) We greet you in person! (Ask us about special$!) Contact Host (https: / /al.muscache.com /im/ pictures / 106813148 /ee857811_ original .jpg ?aki_policy= x_large) Older photo, see newer photos here... parking area. Garages used for storage The Space Accommodates: 16+ ( /explore /excelsior - -mn /house /large - groups) Bathrooms: 5 Bedrooms: 7 4 Large 713R+5bo | - Houses for Rent in Excelsior Pueo 3 of 14 Beds: 16 Check In: Anytime after 4PK1 Check Out: 1OAK4 Property type: House Ko/Exoe|uior-K4N?type=hnuue\ Room type: Entire home/apt House Rules Amenities �0 0� Kitchen Internet �0 AA Kitchen [� L� Internet |V Essentials [] Shampoo � Heating 4k ;,� Air Conditioning �� Washer M= 10-1 Dryer Free Parking mn Prarn|ueu � Wireless Internet Cable TV Breakfast CBJ Fami|v/KidFdendly lsior--mn? J: Essentials + More 9 Suitable for Events (/n/mxce|nior-nnn? unownity=anant-space) Elevater in Building �� 8�� Indoor Fireplace UN Pool (/o/exca|oior--nnn?amnenity=pool) m MM Hot Tub (D 24-Hour Check-in Gyffi -,2'- Hangers K�� /non �~ Hair Dryer M Laptop Friendly Workspace Phnuo Extra people: $5/night after 7guests Cleaning Fee: $290 �l '� S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Security Deposit: $999 Weekly discount: 0% Monthly discount: (/s /Excelsior - -MN ?sublets= monthly) 31% Cancellation: Strict ( /home /cancellation_policies #strict) Description The Space Page 4 of 14 This space is available for residential purposes only for groups that need a LARGE space -- your family reunion, temporary space when remodeling, large family staying for a medical purpose, etc. (We do have other spaces that can be suitable for events.) A relaxing and efficient space for you. 6 +BR with 9 beds, +9 sofa futons, 4 full baths + 1/2, meet +game rooms, indoor spa! -- a great space for a large group! Six+ bedrooms Master suite with King Sleep Number and bath with Pearl Bath Jacuzzi Style tub and separate shower Den bedroom space with King Sleep Number Set of Five bedrooms in one area... Bedroom with Two Queen Sleep Number on one side of Jack and Jill Bath (Jack and Jill bath has separate door for shower and toilet compartment) Bedroom with Two Twin Beds (one sleep number) on other side of J &J Bath King Bedroom King Bedroom with space for crib (We can supply portable cribs) Queen Bedroom Other baths: Additional full bath in Bedroom area. Bath with steam shower near Spa Room Powder Room in Hall near Dining Room. TWO Laundries Game Room with Billiards, Ping Pong Topper, Foosball, other games Meeting Room with _two_ inner spring sofa futons that lay flat for comfy full size bed, PLUS many table arrangements. Meeting room can _easily_ fit 20 to 28 for many styles of seating. Meeting room is lower level than entry area, which makes natural podium for sharing. 55 inch HDTV connected to cable TV, ESPN and Cartoon channels. Living Room with _four_ inner spring sofa futons that lay flat for comfy full size bed. Note: Not all can be laid flat without re- arranging furniture. 55 inch HDTV connected to cable TV, ESPN and Cartoon channels. Lower level Sitting room with _three_ inner spring sofa futons that lay flat for comfy full size bed. Dining Room with standard set up for 10 -12 at one table. Q -- I I S&J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 5 of 14 NOTE: Additional tables available can make dining seating in Kitchen - Dining - Entry for 24 or more. NOTE: Meeting room can also be arranged for dining service. NOTE: Outdoor decks provide hundreds of square feet for dining service. Kitchen is large, with walk -in refrigerator and freezer. Spa room has six person spa tub with jets. Outdoor Pool is seasonal. Play Structure is very large! Guest Access You have complete access except for the garage, which is used for storage. Interaction with Guests We are here to help, and are available for emergencies 24 hours per day. The Neighborhood Very quiet residential neighborhood with Howards Point Marina boat rental on Lake Minnetonka a mile away, and public swimming beach on Lake Minnetonka a mile away. Many restaurants in Excelsior, Orono, Navarre, Mound, Minnetonka and Wayzata. Numerous catering services. Miles long trails on converted railway rights of way. Getting Around There are park and ride locations within a couple of miles, giving access to the entire Twin Cities. However the bus service is "commuter" oriented. Route #671 makes three trips to Downtown Minneapolis in the morning and evening along Highway 19, about a miles east of the house. There are of course taxi services, Uber and Lyft, and services that will drive you and your car home from your night on the town. Other Things to Note This is an exceptional property for your family to reside for reunions or a special event, etc. We can make special arrangements for tables and chairs so everyone can sit down together, inside and outside. + More House Rules Check -in is after 4PM 1. Smoking is NOT allowed inside the building. Smoking is allowed outside only. Please dispose of cigarette butts properly and be careful with the use of fire. 2. People other than those in the Guest party set forth above may not stay overnight in the property. Any other person in the property is the sole responsibility of guest. . , , ___ .------------- �� S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 6 of 14 3. All of the units are privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. 4. Keep the property and all furnishings in good order 5. Only use appliances for their intended uses. Guest agrees that Internet access will not be used for illegal or illicit purposes and indemnifies Homeowner against criminal and civil prosecution for such conduct. 6. NO PETS ALLOWED AT THIS UNIT. Pets are permitted only with prior approval, are generally limited to service animals, and the Pet Addendum must be used if a pet will stay at the unit. Note to those with allergies: cats reside in other areas of the building and dogs may have stayed in the unit in the past. Please keep in mind we thoroughly clean with HEPA type vacuums and all linens are laundered after every guest. 7. Parking: There is usually no limit to parking on the street near the building. NOTE that in winter, there are "Snow Emergencies" declared and your car must be off- street. NOTE that maintenance crews may prohibit parking, please look for signs. Consult with management regarding where to park at that time. Off street parking is generally limited to one vehicle(s), however two vehicles may be parked one behind the other in the reserved space. Vehicles are to be parked in designated parking areas only. Any illegally parked cars are subject to towing; applicable fines /towing fees are the sole responsibility of the vehicle owner. 8. Housekeeping: While linens and bath towels are included in the unit, daily maid service or laundry is not included in the rental rate. It is an option, however. Please ask about for cost. Please ask if you need beach towels. We do not permit standard bath towels or linens to be taken from the units. 9. Hot tub or jetted tub (if in this unit). No children are permitted to use any tub without constant adult supervision. When using the public beaches or tub, remember there is a certain health risk associated with all facilities. For instance diabetics should not use tubs for extended periods. The timer on the tub should be the maximum time of individual use. Use at your own risk. Our housekeepers sanitize tubs prior to your arrival. Be careful in using a jetted tub. There must be adequate water, but not too much water. Please do not overfill, there is no drain in the bath area . 10. Fire. Candles use is not permitted inside the unit: Any outdoor firepit, gas barbecue or candles may be used with caution. Ask for assistance and instruction before using for the first time. Do not leave a fire unattended. Ask for instruction if you have not used these items before, or if they are not identical to those you have used in the past. 11. Underage Drinking ./ Illegal Drugs: Guest(s) agree not to allow anyone under the age of 21 to consume alcoholic beverages on the premises. Resident(s) agree not to use nor permit the use of any non - prescription drugs on the premises. A- S&J #46 —Live Large 7BR +5ba Pool +Spa! - pauses for Rent in Excelsior Page 7 of 14 12. NO LOUD PARTIES. This is a VERY quiet residential area. No outside parties with loud music, etc., ESPECIALLY after dark or after 10PM. The game room of the property is subterranean! So yes, you can have a party, however we must emphasize that any gathering /party must NEVER be an inconvenience to any neighbor. Disrespectful Behavior: Guest(s) agree and understand that certain things won't be, tolerated, including (without limitation) disrespect of property, property owners, neighbors, or company management. Guest(s) shall be respectful at all times. In the event of disrespectful behavior, guest(s) shall be liable for an additional $500 fee. 13. Holdover: Guest(s) agree and understand that they must vacate the premises upon expiration of the rental term date and time of day (10 AM unless prior agreement). In the event Resident(s) remain on the premises after the expiration of the rental term, Resident(s) shall be liable for standard rental rate Plus $200 /day additional fee until the guest(s) voluntarily leave or are evicted from the premises by the authorities. + More Safety Features Smoke Detector Carbon Monoxide Detector First Aid Kit Availability 2 nights minimum stay View Calendar Safety Card Fire Extinguisher 71 V S &J #46—Live Large 7BR 5ba Pool+Spa! - Houses for Rent in Excelsior Page 8 of 14 (https: / /a0.m uscache.com /im/ pictures /104740839/4e9ce7fe _ orig inal.jpg ?aki_pol icy= x_large) Older photo, see newer photos here... 4 Reviews* * * * * Search reviews Accuracy . Communication Cleanliness **•�* Location *. Check In Value .�. S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 9 of 14 �a ( ( /users /show/61403712) a Andreas (/users /show/61403712) Our group's stay was upgraded to a different place for the same cost. Nothing to complain about, everything was fine. Scott was there to open the door for us and showed us around, he was nice and welcoming. + More April 2016 i Helpful /users /show/1207842 Response from Scott & Jenna: Thanks for staying, Andreas! We love hosting international guests. Scott and Jenna April 2016 ( /users /show/6010083) Lee ( /users /show /6010083) A day prior to our arrival, S &J had to change our reservation to another unit because the current guest wanted to stay another night. This was strange. They offered us this unit, which ended up working out well enough, except the hot water didn't work. We figured this out after settling in at about 9:30pm. Scott cut the price in half for us, which was reasonable. + More February 2016 5 D� EHelpful ( /users /show /1207842 Response from Scott & Jenna: �, We are sorry about the challenges, Lee. Actually it was a guest with family that needed to stay an additional week, and needed to be near the hospital. We are sorry about the change, and anticipated that being upgraded at no cost to our biggest space (7BR) with indoor jacuzzi would be the cats pajamas. We have a service contract on everything in the place. But because you checked in late, we could not get a service person there until the next morning. You'll recall we gave you the option to bug out to hotel rooms, but you S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Page 10 of 14 decided to stay. Again, sorry that things weren't perfect, and we will gladly give you half off on any future stay. Anyway, thanks for being understanding. Scott and Jenna February 2016 + More November 2015 _ 4 ( /users /show/10645353) Erika ( /users /show/10645353) i l Helpful Great location for an office retreat! We used the hose to conduct a 2 day offsite and found it worked very well. There were `about ;10 of us. Not everyone slept at the location but there was pleasantly of room for group meetings as well as breakout meetings, We would totally use it again!y + More October 2015 This host has 293 reviews for other properties. jView Other Reviews ( /users /show/1207842) 3 � Helpful 0- 41 S &J #46 —Live Large 7BR +5ba Pool +Spa! - Houses for Rent in Excelsior Tr. a ( /users /show /120' Scott & Jenna ( /users /show/1207842) Minneapolis, Minnesota, United States • Member since September 2011 Page 11 of 14 Scott & Jenna don't get much time for traveling, lately! We have over two dozen different configurations for Airbnb travelers! (Look them all up in one place clicking on our picture to access our profile, then see "View All Listings" on the left side). All of our spaces are private individual units. Everything from one room studios to single family homes to an apartment building where we could host 50 people at once! (We own the whole place! Well, along with the bank!) We very much enjoy helping others make the most of their visits to Minneapolis, St. Paul and Minnesota. When we travel, we like warm places when Minnesota is cold... Cali, Hawaii, Florida. But family ties take us to places like North Dakota and Ohio, too. We like contrasts, Jenna loves food that wakes up your taste buds and Scott thinks cream of mushroom soup is a little spicy! We especially enjoy the cultural scene in the Twin Cities area. More people per capita attend plays here than Manhattan! Modern dance is another one of our favorite "evenings out ". And the music scene here is always lively -- from folk to rock and everything in between (one of us has an interesting point of view, having been a deejay at the club where Prince filmed Purple Rain). People sometimes ask how we ended up doing this... it boils down to a very aggressive real estate agent! : -) Plus, we are both down -sized refugees from Corporate America. We like having our guests as bosses, instead of (some of) the guys and gals in the corner office that we worked for! If you want to learn more about the area to make the most of your trip, we are happy to help. But we will never be intrusive. We try to greet in person, but can't always manage it with too many people arriving at the same time, or an emergency at one of the spaces. However we are always available by email and phone and emergency phone. We ask people to think of us as the front desk of the hotel. If there is anything we want to emphasize, it is get hold of us if there is a challenge! There is nothing worse to us than hearing of a problem in a review, when we never heard it from the guest while they were here! Don't be shy! S&J#46—Live Large 7BR+5ba Pool+Spa! - Houses for Rent in Excelsior Page 12 of 14 Thanks for reading. Scott and Jenna + More Response rate: 83% Response time: within a few hours ON Reviews (/users/s h ow/1207842# reviews) IContact Host I Social Connections Are you or your friends connected with this host? If Connect with Facebook(/oauth-connect?from=facebook-signup&service=facebook) I Listing Location Excelsior, (/s/Excelsior--MN)Minnesota, (/s/Minnesota--United-States)United States (/s/United- States) $1395 Similar Listings (/roorn s/75010 67?c hecki n =07%2 F29 %2F2016 &checkout= 08%2FO5%2 F2016&g u ests=1 0) Urban Retreat I near Uptown & MPLS! (/rooms/7501067?checkin=07%2F29%2F2016&checko Entire home/apt —14.0 miles away (Pr�oms/7501067?checkin=07%2F29%2F2016&checkout=08%2FO5%2F2016&guests=l0) (/rooms/241674?checkin=07%2F29%2F2016&checkout=08%2FO5%2F2016&guests=10) S&J#08-3BR1ba Nr Beach&Fish&BBQFun! 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Page 1 of 6 We noticed that you're using an outdated browser. The TripAdvisor website may not display properly. 1 experience on our website: Windows: Internet Explorer, Mozilla Firefox, Google Chrome. Mac: Safari. WrA i r- Has DVD Player and Internet Access - Rental in Minneapolis, MN Minneapolis Hotels Flights Vacation Rentals Restaurants Things to Do Forum Best of 2016 More Dipolis, Minnesota, United States What are you looking for? dear' USA > Minnesota (MN) > Minneapolis S�J #46 Live Large! 7BR 5ba Pool - Spa - !Meeting Space! M z ;NN m -i A httrxc• / /xxnx xx +rirn�xr;n�, --- /TT +: «l7 + In___•____ _ Annlxn 11- -.i r _ _ i - 7 t, S&J#46 Live Large! 713R5ba Snuon!- TripAdvisor - Minneapolis Vac... Page 1of6 Overview � � Rental Home - | 7 Bed[OO[DG' 4 B8th[DODlS. Sleeps 40 . � ' Minneapolis, Minnesota 50 Send toafriend � � � | Scott and Jenna have hosted over 1760 families and other groups as of November 2015, in over 24 � places! This one is exceptional! ` � Need a LARGE family - reunion, � A relaxing and efficient space for you. ' 7BR with 0 beds (4 King, 3 Queen, 2 Twin) beds, +9 sofa futons, 4 full baths +1/2.meet+gomerooms, ' � indoor spa! -- a great space for a large group or business meeting! Can park 20 cars on site, groups have used shuttle services io accommodate 7U| � Our Family has hosted 1,760+ families & groups as of November! We have 24 spaces in the area. This | is a premier space, plenty of room for a large group. Meeting room with tables tn seat 28 � � � Dining room with table to seat 10-12 � Kitchen with table to seat 4-6 / Entry can beset for dining to seat 10-12more ' ' Kitohen- Read more Longuagemapuken: English Response Rate: 75% Response Time: Within aday Calendar Updated: 99 days ago Listed since : Jul 2011 S &J #46 Business /Wedding 9 Beds -+-9 Futons & Pool, Spa, Grill, Decks, Playground!, Ex... Page 1 of 4 Not yet rated Vacation Rentals 3ozi #46 i s i +9 Futons M= , S &J 446 Business /Wedding 9 Beds +9 Futons & Pool, Spa, Grill, Decks, Playground!, Ex... Page 2 of 4 2a Reviewed by Home Away 1752957 Reviews 10 Helpful November 29, 2015 Top Review! Please note that the address for this place is approximate. Upon booking a stay, the rental owner will provide an exact address. Need a LARGE space -- your,family reunion, event, seminar; conference, training, retreat? A relaxing and efficient space for you. 7BR with 9 beds (4 King, 3 Queen, 2 Twin) beds, +9 sofa futons, 4 full baths + 1/2, meet +game rooms, indoor spa! -... 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(1987 Code, § 1201.09) (Ord. 367, passed 9 -11 -2000; Ord. 368, passed 11 -27 -2000; Ord. 388, passed 7 -8 -2002; Ord. 415, passed 4- 25- 2005; Ord. 423, passed 7 -24 -2006; Ord. 424, passed 7 -24 -2006; Ord. 425, passed 7 -24 -2006; Ord. 426, passed 7 -24 -2006) 1201.10 R -IA, SINGLE - FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The R -lA District is intended to provide a district which will allow suitable areas of the city to be retained and utilized for low density residential, open space and /or agricultural uses. Subd. 2. „ Permitted uses. The following are permitted uses in an R -lA District: a. Public parks, playgrounds, recreational areas, wildlife areas and game refuges; b. Single - family detached dwellings; C. Essential services not exceeding 40 feet in height; d. Single - family detached dwellings used as residential facilities, as defined by § 1201.02, licensed by the state and serving six or fewer persons; e. Single- family detached dwellings used as day care facilities, as defined by § 1201.02, licensed by the state and serving ten or fewer persons. Subd. 3. Permitted accessory uses. The following are permitted accessory uses in an R -lA District: a. Operation and storage of such vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this District; b. The boarding or renting of rooms to not more than two persons; C. Living quarters of persons employed on the premises, only when the quarters are part of the principal dwelling; d. Home occupations as regulated by § 1201.03, Subd. 12. of this chapter; e. Storage or parking of recreational vehicles and equipment within the buildable area of the lot; 1201 -101 -- 2007 S -2 Fiv, I#s e , 1201.10 Shorewood - Zoning and Subdivision Regulations 1201.10 f. Noncommercial greenhouses and conservatories; g. Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests; h. Tool houses, sheds and similar buildings for storage of domestic supplies and recreational equipment; i. Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as regulated by § 1201.03, Subd. 5 (off - street parking) of this chapter. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises and in which no business service or industry is carried on. The space can be rented to nonresidents of the property for private passenger vehicles and/or noncommercial vehicles, trailers or equipment if sufficient off - street parking in full compliance with this chapter is provided elsewhere on the property. The garage shall not be used for the storage of more than one commercial vehicle owned or operated by a resident per dwelling unit; j. Signs, as regulated by § 1201.03, Subd. 11. of this chapter; k. Individual boat dock and customary beach accessories subject to § 1201.03, Subd. 14. of this chapter. Subd. 4. Conditional uses. The following are conditional uses allowed in an R -lA District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.) a. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that: (1) When abutting a residential use in any residential use district, the property is screened and landscaped in compliance with § 1201.03, Subd. 2.g. of this chapter; (2) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; b. Public or semi - public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues, provided that: 1201 -102 2006 S -1 Repl. r-" 17 1201.10 Zoning Regulations 1201.10 (1) Side yards shall be double that required for the district, but no greater than 30 feet; (2) Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1201.03, subdivision 2g; (3) Adequate off - street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 1201.03, subdivision 5 and that the parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1201.03, subdivision 2g; (4) Adequate off - street loading and service entrances are provided and regulated where applicable by § 1201.03, subdivision 6; (5) The provisions of § 1201.04, subdivision ld(1) are considered and satisfactorily met. C. Commercial outdoor recreational areas, including golf courses and country clubs, swimming pools and similar facilities, provided that: (1) The principal use, function or activity is open, outdoor in character; (2) Not more than 5% of the land area of the site shall be covered by buildings or structures; (3) When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with § 1201.03, subdivision 2g; (4) The land area of the property containing the use or activity meets the minimum established for the district; (5) The provisions of § 1201.04, subdivision 1d(l) of this chapter are considered and satisfactorily met. d. Farm or truck gardens, provided that: (1) Any sale of agricultural products is limited to the products as are raised on the premises only; (2) The provisions of § 1201.04, subdivision ld(1) are considered and satisfactorily met. 1201 -103 r_ -2, 1201.10 Shorewood - Zoning and Subdivision Regulations 1201.10 Subd. 5. e. Farming and agricultural related buildings are structures subject to Minnesota Pollution Control Standards, but not including commercial feed lots or other commercial operations. f. Cemeteries, provided that: (1) The site accesses on at least a minor arterial; (2) The site is totally screened from view in accordance with § 1201.03, subdivision 2g; (3) The provisions of § 1201.04, subdivision ld(1) are considered and satisfactorily met. g. Residential planned unit development as regulated by § 1201.06 of this chapter, provided that: (1) Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses and conditional uses in this section; (2) The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25. Lot requirements and setbacks. The following minimum requirements shall be observed in an R -1A District subject to additional requirements, exceptions and modifications set forth in this chapter. a. Lot area: Not less than 40,000 square feet; b. Lot width: Not less than 120 feet; C. Lot depth: Not less than 150 feet; d. Setbacks: (1) (2) (3) yard abutting a street. Front yard: Not less than 50 feet; Rear yard: Not less than 50 feet; Side yard: Not less than 10 feet on each side nor less than 50 feet on a side 1201 -104 1r, At 1201.10 Zoning Regulations 1201.11 Subd. 6. Building requirements. No structure shall exceed two and one -half stories, or 35 feet, whichever is least. (1987 Code, § 1201.10) (Ord. 180, passed 5 -19 -1986; Ord. 208, passed 4 -11 -1988; Ord. 242, passed 8 -26 -1991) 1201.11 R -113, SINGLE - FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The R -113 District is intended to provide a district which will retain a low density residential character yet enable greater flexibility in design and provide economy in public expenditures for public utilities and service. Subd. 2. Permitted uses. The following are permitted uses in an R -1B District: a. Single- family detached dwellings; b. Public parks and playgrounds; C. Essential services; d. Single - family detached dwellings used as residential facilities, as defined by § 1201.02 of this chapter, licensed by the state and serving six or fewer persons; e. Single - family detached dwellings used as day care facilities, as defined by § 1201.02 of this chapter, licensed by the state and serving ten or fewer persons. Subd. 3. Permitted accessory uses. The following are permitted accessory uses in an R -1B District: a. Operation and storage of the vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this District; b. The boarding or renting of rooms to not more than one person. Living of persons employed on the premises, only when the quarters are part of the principal dwelling; C. Home occupations as regulated by § 1201.03, subdivision 12 of this chapter; d. Storage or parking of recreational vehicles and equipment within the buildable area of the lot; e. Noncommercial greenhouses and conservatories; 1201 -105 F - 1201.11 Shorewood - Zoning and Subdivision Regulations 1201.11 f. Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests; g. Tool houses, sheds and similar buildings for storage of domestic supplies and recreational equipment; h. Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as regulated by § 1201.03, subdivision 5 (off - street parking) of this chapter. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises and in which no business service or industry is carried on. The space can be rented to nonresidents of the property for private passenger vehicles and /or noncommercial vehicles, trailers or equipment if sufficient off - street parking in full compliance with this chapter is provided elsewhere on the property. The garage shall not be used for the storage of more than one commercial vehicle owned or operated by a resident per dwelling unit; i. Signs, as regulated by § 201.03, subdivision 11; j. Individual boat dock and customary beach accessories subject to § 1201.03, subdivision 14. Subd. 4. Conditional uses. The following are conditional uses allowed in an R -113 District: (Requires a conditional use permit based upon procedures set forth in and regulated by § .1201.04.) a. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that: (1) When abutting a residential use in a residential use district, the property is screened and landscaped in compliance with § 1201.03, subdivision 2g; (2) The provisions of § 1201.04, subdivision ld(1) are considered and satisfactorily met; b. Public or semi - public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues, provided that: (1) Required side yards shall be double that required for the district, but no greater than 30 feet; 1201 -106 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 BUILDABLE AREA. The portion of a lot, excluding wetlands, remaining after required yards have been provided. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING HEIGHT. A distance to be measured from the average land grade to the top of a flat roof, to the mean distance (between eaves and peak) of the highest gable on a pitched or hip roof, to the roof deck line of a mansard roof, to the uppermost point on all other roof types. BUILDING LINE. A line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions. BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold or where services are offered for compensation. CELLAR. A portion of a building having more than one -half of the floor to ceiling height below the average land grade. CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically. CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. CLUB or LODGE. A club or lodge is a nonprofit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests. COMMERCIAL RECREATION. A facility having various activities for amusement, recreation or entertainment such as bowling alley, cart track, golf course or driving range, pool hall, dance hall, skating rink, trampoline center, theater, boat rental, amusement rides, campgrounds and similar uses. COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services. CONDITIONAL USE. A use that, because of special control problems the use presents, requires effectuation of reasonable, but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the City Land Use Plan. CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents. Com 1201 -6 7,mm 1201.02 Zoning Regulations 1201.02 LAND RECLAMATION. The process of the reestablishment of acceptable topography (i.e. slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land. LOADING SPACE or BERTH. A space accessible from a street, in a building or on a lot, for the use of vehicles while loading and unloading merchandise, materials or passengers. [including ODGING HOUSE. A building other than a hotel or motel, where for compensation for definite eriods lodging is provided for three or more persons not of the principal family, but not a building providing this service for more than ten persons. LODGING ROOM. A room rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room. LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, or approved by the city as a lot subsequent to the date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and the open spaces as required by this chapter and having its principal frontage on a public street or a private street approved by the Council. LOT. Land occupied or to be occupied by a building and its accessory buildings, together with the open spaces as are required under the provisions of this zoning regulation having not less than the minimum area required by this zoning ordinance for a building site in the district in which the lot is situated and having its principal frontage on a street or a proposed street approved by the Council. LOT AREA. The area of a horizontal plane within the lot lines. LOT AREA PER UNIT. The lot area required by this chapter to be provided for each family in a dwelling. LOT, BASE. A lot meeting all the lot specifications in the zoning district in which it is located prior to being subdivided into a two - family or quadraminium subdivision. LOT - CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less. LOT DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90 degree angle from the street right -of -way (or tangentially on a curved street or cul -de -sac) within the lot boundaries. LOT - DOUBLE FRONTAGE. An interior lot having frontage on two streets. e e 1201 -11 it if of 1, �� 1201.01 Shorewood - Zoning and Subdivision Regulations 1201.01 Subd. 2. Intent and purpose. The intent of this chapter is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations governing development and use of land. This chapter shall divide the city into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration and use of structures and land. The regulations are established to protect the use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter to provide for amendments; to prescribe penalties for violation of the regulations; and to define powers and duties of the city staff, the Board of Adjustment and Appeals, the Planning Commission and the City Council in relation to the zoning ordinance. Subd. 3. Relation to Comprehensive Plan. It is the policy of the City of Shorewood that the enforcement, amendment and administration of this chapter be accomplished with due consideration of the recommendations contained in the Comprehensive Plan as developed and amended from time to time by the City Council of the city. The Council recognizes the Comprehensive Plan as the Policy Guide responsible for regulation of land use and development in accordance with the policies and purpose herein set forth. Subd. 4. Application of requirements. a. Relationship to other laws. Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any other ordinance, rule or regulation of the city the ordinance, rule or regulation which imposes the more restrictive condition, standard or requirement shall prevail. The Zoning Administrator shall determine which is more restrictive and appeals from the determination may be made in the manner provided herein. b. Minimum requirement. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare. Subd. S. Conformance. Except as provided herein, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter. Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter. Subd. 6. Uses not �eecificalo rovided for wi�itted hi oning districts. Whenever in an zoning district a use is nest y permcaseity unce , own initia tive or upon request, may conduct a study to d 2013S-8 1201 -2 9�i 1 �o/ 1201.01 Zoning Regulations 1201.01 determine if the use is acceptable and if so what zoning district would be most appropriate and make a determination as to conditions and standards relating to development of the use. The City Council or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to the zoning ordinance to provide for the particular use under consideration or shall find that the use is not compatible for development within the city. Subd. 7. Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction: a. The singular number includes the plural, and the plural the singular; b. The present tense includes the past and the future tenses, and the future the present; C. The word SHALL is mandatory while the word MAY is permissive; d. The masculine gender includes the feminine and neuter; e. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof; f. All measured distances expressed in feet shall be the nearest tenth of a foot. Subd. 8. Separability. It is declared to be the intention of the city that the several provisions of this chapter are separable in accordance with the following: a. Other parts of this chapter. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, the judgment shall not affect any other provisions of this chapter not specifically included in the judgment; , b. Application to other party. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, the judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment. Subd. 9. Authority. This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, M.S. §§ 462.351 to 462.363. Subd. 10. Comprehensive revision. The Council intends this chapter to be a comprehensive revision to the Shorewood Zoning Ordinance, as amended. Except as otherwise provided herein, the provisions of this chapter are not intended to alter, diminish or increase or otherwise modify any rights or liabilities existing on its effective date. Any act done, offense 1201 -3 2013 S -8 CHAPTER 1004 RENTAL HOUSING CODE Section 1004.01 Purpose and intent 1004.02 Definitions 1004.03 Licensing of rental units 1004.04 Minimum standards 1004.05 Inspections 1004.06 Administration and enforcement 1004.01 PURPOSE AND INTENT. Subd. 1. Purpose. The purpose of this chapter is to protect the public health; safety and the general welfare of the rental population of the city. These general objectives include, among others, the following: a. To maintain a quality character and stability of rental dwelling units within the city; b. To correct and prevent rental housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health of persons occupying rental dwellings within the city; c. To provide minimum standards for cooking, heating and sanitary equipment necessary to the health and safety of occupants of rental buildings; d. To provide minimum standards of light and ventilation necessary to health and safety; e. To provide minimum standards for the maintenance of existing rental buildings and to thus prevent slums and blight; f. To preserve the value of land and buildings throughout the city. 1004 -1 I 1004.01 Shorewood - Building Regulations 1004.02 Subd. 2. Intent. It is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this chapter. Subd. 3. Application of requirements. Every rental dwelling unit and its premises used in whole or in part as a home or residence, or as an accessory structure thereof, for a single - family or person shall conform to the requirements of this chapter, irrespective of when the building may have been constructed, altered or repaired. This chapter establishes minimum standards for erected rental dwelling units, accessory structures and related premises. (1987 Code, § 1004.01) (Ord. 272, passed 4 -12 -1993) 1004.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof." ACCESSORY STRUCTURE. A subordinate building or use, whether attached or detached, that is located upon the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of the building or main use. APPROVED. When used in reference to the design and capabilities of physical systems of a dwelling shall mean having passed the inspection of the Compliance Official. The basis for passage of the insp'p ec on Wha l 6e naana yszs o e e active state co es an an an lysis of the degree to which the systems meet the standards established by the codes. It shall be the objective of the Compliance Official, unless otherwise specified, to establish minimum qualifications for approval of the system, which qualifications can maintain substantial compliance with the effective state codes and can be achieved in a reasonably economical and practical manner. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. COMPLIANCE OFFICIAL. The Building Official and his or her designated agents authorized to administer and enforce this chapter. DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one - family, two - family and multiple - family dwellings, but not including hotels, motel and boarding houses. 1004 -2 1004.02 Rental Housing Code 1004.02 DWELLING - MULTIPLE- FAMILY (APARTMENTS). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits. DWELLING - SINGLE - FAMILY. A dwelling designed exclusively for occupancy by one family. a. ATTACHED. A dwelling which is joined to another at one or more sides by a party wall. b. DETACHED. A dwelling unit not attached to another dwelling or structure. DWELLING - TWO- FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other. a. DOUBLE BUNGALOW. A two - family dwelling with two units side by side. b. DUPLEX. A two - family dwelling with one unit above the other. DWELLING UNIT. A residential building or portion thereof intended for occupancy by one family, but not including hotels, motels, nursing homes, boarding or rooming houses or recreational vehicles. FAMILY. See HOUSEHOLD. FLUSH WATER CLOSET. A toilet, with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer supply. GARBAGE. Putrescible animal and vegetable wastes resulting from the .handling, preparation, cooking and consumption of food. HABITABLE BUILDING. Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. HEATED WATER. `Hater heated to a temperature of not less than 120'F, or the lesser temperature required by government authority, measured at faucet outlet. HOUSEHOLD. The following are included in the term HOUSEHOLD as the term is used in this chapter: 1004 -3 1004.02 Shorewood - Building Regulations 1004.02 a. An individual; or b. A group of not more than three individuals, none of whom are related by blood, marriage, adoption or foster care, but all of whom are maintaining a common residence and using common cooking and kitchen facilities; or c. Up to two adult individuals, whether related or unrelated, residing in the same dwelling unit and maintaining a common residence and common cooking and kitchen facilities and the dependent child(ren) of each, if any; or d. The combination of paragraphs (a) and (c) above. KITCHEN. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment and adequate space for the storage of cooking utensils. LEASE. An agreement to rent. (For use as a verb, see Rent.) MINIMUM STANDARDS. Those standards as set forth in § 1004.04 of this code. OCCUPANT. Any person (including owner or operator) sleeping, cooking and eating in a dwelling unit. OPERATOR. The owner or its agent who has charge, care, control or management of a building, or part thereof,, in which dwelling units or rooming units are let. OWNER. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling or dwelling units within the city as title holder, employee or agent of the title holder or as trustee or guardian of the estate or person of the title holder. Any person representing the actual title holder shall be bound to comply with the provisions of this chapter to the same extent as the title holder. PERMISSIBLE OCCUPANCY. The maximum number of persons permitted to reside in a dwelling unit. PERSON. An individual, firm, partnership, association, corporation or joint venture or organization of any kind. PLUMBING. All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. PREMISES. A platted lot or part thereof or unpeltted parcel of land occupied by any dwelling or nondwelling structure, including any building, accessory structure or other structure thereon. 1 004 -4 --14 1004.02 Rental Housing Code 1004.03 PUBLIC HALL. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. 5 REFUSE. All putrescible and nonputrescible waste solids, including garbage and rubbish. RENT. To obtain occupancy or use of another's property, or to grant temporary occupancy or use of one's own property, in return for periodic payments or compensation. RENTAL DWELLING. A dwelling let for rent or lease. RENTAL DWELLING UNIT. A dwelling unit let for rent or lease. REPAIR. To restore to a sound and acceptable state of operation, serviceability or appearance. RODENT HARBORAGE. Any place where rodents can live, nest or seek shelter. RUBBISH. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. SAFETY. The condition of being reasonably free from danger and hazards which may cause accidents or disease. SUBSTANDARD DWELLING. Any dwelling which does not conform to the minimum standards established by city ordinances. SUPPLIED. Paid for, furnished by, provided by or under the control of the owner, operator or agent of a dwelling. (1987 Code, § 1004.02) (Ord. 272, passed 4 -12 -1993) 1004.03 LICENSING OF RENTAL UNITS. Subd. 1. Issuance and renewal. No person shall operate a rental dwelling without first having obtained a license to do so om t e zty Counci as her;n—ae- r rovi eci. Each rceiase s all e issued once every t ee years an s a �xprre cember 31 following the issuance thereof. License renewals for the following years shall be filed on or before November 1 prior to the license expiration date. Subd. 2. Conformance to laws. No license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of Shorewood and the laws of the state. 1004 -5 1004.03 Shorewood - Building Regulations 1004.03 Subd. 3. License fees. License fees for renewals of licenses shall be due on November 1 immediately prior to the license expiration date. In cases of new unlicensed dwellings, license fees shall be due upon application for a license. a. The licensee shall not be entitled to a refund of any license fee upon revocation or suspension of the license. b. The City Council shall establish license fees by ordinance, from time to time. Subd. 4. License not transferable. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice, in writing, to the Compliance Official within 72 hours after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. The notice shall include the name and address of the person succeeding to the ownership or control of the rental dwelling or dwellings. Subd. 5. owner or agent to apply. a. Application. License application or renewal shall be made by the owner of the rental units or its legally constituted agent. Application forms may be acquired from and subsequently filed with the Compliance Official b. Required information. The applicant shall supply: (1) Name, address and telephone number of dwelling owner, owning partners if a partnership, corporate officers if a corporation; (2) Name, address and telephone number of designated resident agent, if any; (3) Name, address and telephone number of management representative; (4) Name, address and telephone number of vendee, if the dwelling is being sold through a contract for deed; (5) Legal address of the dwelling; (b) Type of dwelling; (7) Type and number of dwelling units within the dwelling; (8) Description of procedure through which tenant inquiries and complaints are to be processed. 1004 -6 1004.03 Rental Housing Code 1004.03 c. Zoning compliance. Upon application for a license the applicant must demonstrate to the satisfaction of the Compliance Official that the rental dwelling complies with one of the following: (1) The property is currently zoned for the intended use pursuant to Chapter 1201 of this code; or� C 3 l dl�tGti 1Y1t flirt ir'tC (2) The structure was granted a special use permit for a two - family dwelling between January 21, 1965 and September 24, 1973; or (3) The structure has been continually and lawfully used as a two - family dwelling since January 21, 1965. Subd. 6. Resident agent required. No license shall be issued or renewed for a nonresident owner of rental dwelling units (one who does not reside within the counties of Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washington) unless the owner designates, in writing, to the Compliance Official the name of its resident agent (a person who does reside within the aforesaid referred counties) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the city ordinances, to receive orders and to institute remedial action to effect the orders and to accept all service of process pursuant to law. The Compliance Official shall be notified, in writing, of any change of resident agent. Subd. 7. Posting of license. Every licensee of a multiple rental dwelling shall cause to be conspicuously posted in the main entryway or other conspicuous location therein the current license for the respective multiple rental dwelling. Licenses for one- and two - family rental dwellings shall be conspicuously posted near the electrical service box for each unit. Subd. 8. Inspection access. a. No license shall be issued or renewed unless the owner of a rental unit agrees in its application to permit inspections as provided in § 1004.05 of this chapter. b. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes the building or premises unsafe, dangerous or hazardous, the Building Official or his or her authorized representative may enter the building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if the building or premises be occupied, he or she shall first present proper credentials and request entry; and if the building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If the entry is refused, the Building Official or his or her authorized representative shall have recourse to every remedy provided by law to secure entry. r— "l 1004.03 Shorewood - Budding Regulations 1004.04 Subd. 9. Occupancy register required. a. Every owner of a licensed rental dwelling unit in Shorewood shall keep, or cause to be kept, a current register of occupancy for each dwelling unit which provides the following information: (1) Dwelling unit address; (2) Number of bedrooms in dwelling unit; (3) Names of adult occupants and number of adults and children (under 18 years of age) currently occupying each dwelling unit; (4) Dates renters occupied and vacated each dwelling unit. b. The register shall be made available for viewing or copying by the Compliance Official at all reasonable times. (1987 Code, § 1004.03) (Ord. 272, passed 4-12-1993) 1004.04 MINIMUM STAND S. 4 Subd. 1. Adoption of the Uniform Housing Code by reference. Chapters 5, 6, 7, 8, 9 and 10 of the "Uniform Housing Code, 1988 Edition," as may be amended, prepared by the International Conference of Building Officials, are adopted and incorporated herein and shall be controlling within the city. At least one copy of the code shall be on file in the office of the Compliance Official for use and examination by the public. Subd, 2. General provisions. a. Maintenance of shared or public areas. Every owner of a rental dwelling shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. b. Maintenance of occupied areas. Every occupant of a rental dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling unit and premises thereof that it occupies and controls. c. Responsibility of owner and occupant for storage and disposal of garbage and rubbish. Every owner of a rental dwelling shall supply facilities for the sanitary and safe storage and/or disposal, of rubbish and garbage. In the case of single-family attached or detached, rental dwelling units, it shall be the responsibility of the occupant to furnish the facilities. Every occupant of a rental dwelling unit shall store and dispose of all its rubbish, garbage 1004-8 / 2 1004.04 Rental Housing Code 1004.04 and organic waste in a clean, sanitary and safe manner as prescribed by Chapter 504 of this code. d. Responsibility for storm and screen doors and windows. The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and storm windows whenever the same are required under the following provisions, except where there is written agreement otherwise between the owner and occupant. (1) Every window, other than a fixed window or storm window, shall be capable of being easily opened. (2) Every window, door and frame shall be constructed and maintained in the relation to the adjacent wall construction as to completely exclude rain, wind, vermin and rodents from entering the building. (3) Every openable window or other device required by this section shall be supplied with 16 mesh screens during the insect season. e. Responsibility for pest extermination. (1) Every occupant of a rental dwelling containing a single rental dwelling unit shall be responsible for the extermination of vermin infestations and /or rodents on the premises. (2) Every occupant of a rental dwelling unit in a dwelling containing more than one rental dwelling unit shall be responsible for the extermination whenever its dwelling unit is the only one infested. Notwithstanding; however, whenever infestation is caused by the failure of the owner to maintain a rental dwelling in a reasonable rodent -proof or reasonable verminproof condition, extermination shall be the responsibility of the owner. (3) Whenever infestation shall exist in two or more of the rental dwelling units in any dwelling, or in the shared or public parts of any rental dwelling containing two or more rental dwelling units, extermination thereof shall be the responsibility of the owner. Rodent harborages prohibited in public areas. No owner of a rental dwelling shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in a manner that may provide a rodent harborage in or about shared or public areas of a rental dwelling or it premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly in piles. 1004 -9 I- P q 1004.04 Shorewood - wilding Regulations 1004.04 F g. Rodent proof. Every rental dwelling and accessory structure and the premises upon which located shall be maintained in a rodentfree and rodent -proof condition. All openings in the exterior walls, foundations, basements, ground or first floors and roofs which have a one - half inch diameter or larger opening shall be rodent - proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent - impervious material. h. Sanitary maintenance of fixtures and facilities. Every occupant of a rental dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. i. Removal of snow and ice. The owner of a multiple- family rental dwelling or dwellings shall be responsible for the removal of snow and ice from parking lots, driveways, steps and walkways on the premises. (1) Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24 hours after cessation of the snowfall. (2) Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within eight hours after cessation of the snowfall. Maintenance of driving and parking areas. The owner of a multiple- family rental dwelling or dwellings shall be responsible for providing and maintaining in good condition surfaced and delineated parking areas and driveways for tenants consistent with § 1201.03, Subd. 5 of this code. k. Maintenance of yards. The owner of a multiple - family rental dwelling or dwellings shall be responsible for providing and maintaining the yard or yards. Facilities to function. Every supplied facility, piece of equipment or utility required under city ordinances and every chimney flue shall be installed and maintained and shall function effectively in a safe, sound and working condition. m. Discontinuance of service of facilities. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from or shut off from or discontinued for any occupied rental dwelling or rental dwelling unit let by the owner or operator, except for the temporary interruptions as may be necessary when actual repairs or alterations are in process or during temporary emergencies. 1004 -10 1004.04 Rental Housing Code 1004.04 n. Yard cover. Every yard of a premises on which a dwelling stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery and related decorative materials and the yard shall be maintained consistent with prevailing community standards. o. One family per dwelling unit. Not more than one family, except for temporary guests, shall occupy a rental dwelling unit. p. Accessory structure maintenance. Accessory structures supplied by the owner, agent or tenant occupant on the premises of a rental dwelling shall be structurally sound and be maintained in good repair and appearance. The exterior of the structures shall be made weather resistant through the use of decay - resistant materials such as paint or other preservatives. q. Smoke detectors required. All rental dwelling units shall be provided with approved smoke detectors and shall be installed in accordance with the Mate Building Code. Drinking water. The property owner of rental dwelling units having domestic water supplied by a private well must provide a test result of the water from a lab certified by the Minnesota Department of Health at the time of application for initial license. (1) The domestic water supply must be tested upon renewal every three years thereafter or earlier upon change of property ownership. (2) The domestic water supply must meet the standards as established by Minn. Mules Part 4720.0350 as may be amended from time to time for arsenic, nitrates, and coliform bacteria. Subd. 3. Built -in deficiencies exempt. The following are built -in deficiencies and shall be exempt from compliance with the code; provided, that the built -in deficiencies were in compliance with a building code at the time of construction or do not pose a hazard. a. Ceiling height. Any existing habitable room with less than a seven and one -half foot ceiling height shall be considered a built -in deficiency which is beyond reasonable correction. b. Superficial floor areas. Any existing habitable room of less than 90 square feet shall be considered a built -in deficiency and beyond reasonable correction. c. Natural light and ventilation. Any existing habitable room with window area less than 10% of the floor area shall be considered a built -in deficiency beyond reasonable correction but in no case shall the required natural light and ventilation be less than 5 % of the floor area. 1004 -11 1004.04 Shorewood - Building Regulations 1004.04 Subd. 4. Correction of immediate hazards. No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exists. If the dwelling unit is occupied and an immediate nazard exists, immediate corrective action shall be taken by the occupant, owner, agent of the owner or other responsible persons. The dwelling unit may be ordered vacated if no immediate corrective action is taken and the occupant, owner, agent of the owner or other responsible person fail to comply with any order to correct any immediate hazard. Immediate hazards to health and safety for human occupancy shall include but not be limited to the following: a. Heating systems that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out or plugged flues no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves; b. Water heaters that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out, rusted or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves; c. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; ungrounded systems; d. Plumbing systems that are unsanitary due to: leaking waste systems, fixtures and traps; lack of a water closet; lack of washing and bathing facilities; cross connection of pure water .supply with fixtures or sewage lines; or the lack of water; e. Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems that will not safely carry imposed loads; f. Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other materials rendering residential buildings and structures unsanitary for human occupancy, including lack of light and air; g. Infestation of rats, insects and other vermin. h. Domestic water used primarily for consumption which exceeds the safe drinking water standards contained in,-Minn. Rules Part 4720.0350 as may be amended from time to time for arsenic, nitrates, and coliform bacteria, must be brought into compliance by the property owner before a rental license is issued. (1987 Code, § 1004.04) (Ord. 272, passed 4 -12 -1993; Am. Ord. 479, passed 8 -22 -2011) 1004 -12 2012S-7 L ' )_ �_ 1004.05 Rental Mousing Code 1004.05 1004.05 INSPECTIONS. Subd. 1. Purpose. The purpose of this section is to establish standards for a program of inspections meant to improve and maintain the overall rental housing in the city. Housing inspections do not indicate compliance with any inspectional program other than that of the city. Inspections are made as a public service and do not constitute any representation, guarantee or warranty to any person as to the conditions of the building inspected. The city does not assume any responsibility or liability in connection with the inspection and issuance of the license required by § 1004.03 of this chapter. Subd. 2. Initial compliance inspection. Prior to issuance of a license to operate a rental dwelling unit, the Compliance Official, together with the local Fire Marshal, shall inspect the premises for compliance with this chapter. A record of the inspection, listing any built -in deficiencies which are exempt from compliance, per § 1004.04, Subd. 3 of this chapter, shall be kept on file at the City Hall. Subd. 3. Triannual compliance inspection. All rental dwelling units shall be reinspected for compliance with this chapter a minimum of once every three years. 1004 -12A 1 Covington C RESIDENTIAL DISTRICTS Zoning Districts R-1A Single- Family (40,000 sq. ft.) Ronal R-1 B Single-Family (30, 000 sq. ft.) Ropment R-IC Single- Family (20, 000 sq. ft.) R N F] R-1D Single- Family (10,000sq.ft.) Rnt )pment Rt R 0 1,000 2,000 4,000 Shorewood Planning Department Feet 01/11 r__- CITY OF SHOTS WO( 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55 PLANNING AND PROTECTIVE 1N,' . INSPECTION NOT] SCOPE OF INSPECTION: Rental License ADDRESS: 26040 Wild Rose Lane DATE: 12.18.2015 TIME: 2:OOPM MANAGEMENT REPRESENTATIVE/OWENER: Quentin _V xhibit F I S Y" cz4"Y _'(�J ' �__ F ( J 0- oe' M'I MANAGEMENT REPRESENTATIVE ON SITE: Jenna; owner's representative TELEPHONE NUMBER: 512.966.3730 COMMENTS: Rental License Inspection items to be addressed: I Stairs: Provide handrails for stairs with 4 or more risers. 2. Shower: Repair the grout. 3. Stairs: Provide guardrail, if over 30 inch drop from tread to adjacent surface. 4. Sink drain: Flex drain connector is not approved; remove. 5 Electrical: Sub panel in mechanical room; verify electrical has been inspected and approved. 6 Mechanical equipment drains: Direct to plumbing drains, 7 Furnace and air conditioner, in crawl space: Repair ductwork fit, where cardboard is used as ductwork, and equipment drains. 8 Laundry room sink: Drain; resolve code compliance. 9 Water heater: Appears recently installed. Resolve plumbing permit and inspection. 10. Water heater: Temperature Pressure Relief valve discharge line; extend to within 18 inches of floor. 11. Sump pump: Fasten down cover, resolve why sump is full of water and remove dead mice. 12. Water test: Provide test for arsenic, coliform and nitrates. 13. Furnaces, boilers and heaters: Provide test reports, from within past 3 years. 14. Swimming pool heater vent: Repair connection and minimum 6 inch vent clearance to combustibles. 15. Mechanical equipment, exterior location, by house: Verify clearance requirements per manufacture's installation instructions. 16. Barbeque, exterior: Resolve Permits and inspections for gas, Plumbing and electrical. 17. Bedroom on upper level: Smoke alarm; install per manufacture's installation instructions. 18. Smoke alarms: In all bedrooms, hallway outside bedrooms and on all levels of building; in operational conditions. 19. Carbon Monoxide alarms: Install within 10 feet of bedroom doors. 20. Decks: Need to be constructed of exterior rated material. 21, Decks: Provide guardrail, if over 30 inch drop, from deck to adjacent elevation. 22. Electrical extension cords: Are not approved for required electrical wiring. 23. Chair (designed for interior use), lumber, fence material (not installed), pallet and similar items: Place in building or remove from property. 24. Pontoon boat and fishing boat: Need to be owned by renter, if outside of garage. 25. Pontoon boat and fishing boat: Need to be located in driveway or in buildable area of property (meet property setback requirements). 26. Note: No bedroom on mid-level Of dwelling. 27. Note: 6 bedrooms on upper levels *-To be installed and maintained at all times. **-To be resolved no later than stated date. Photo taken: No FURTHER REQUIREMENTS MAY BE ADDED STATUS OF INSPECTION COMMENTS: CORRECT ITEMS LISTED ABOVE AND ARRANGE REINSPECTION INSPECTOR: Joe Pazandak E__ '7- 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • 952.960.7900 PLANNING AND PROTECTIVE INSPECTIONS INSPECTION NOTICE SCOPE OF INSPECTION: Rental License ADDRESS: 26040 Wild Rose Lane DATE: 3.14.2016 TIME :,2:30PM MANAGEMENT REPRESENTATIVE/OWENER: Quentin I MANAGEMENT REPRESENTATIVE ON SITE, OR BY PHONE: Jenna/Scott; owner's representative TELEPHONE NUMBER: 512.966.3730/612.'747.3653 COMMENTS: Rental License Inspection items to he addressed: Re- inspection of items 4 and 11. During inspection; representative requested review of handrail and guardrail items. Underlined items, are revisions. 1. Stairs: Provide handrails for stairs with 4 or more risers. 2. Shower: Repair tile grout. 3. Resolved 3.14.2016. 4. Resolved 3.14.2016. 5. Electrical: Sub panel in mechanical room; verify electrical has been inspected and approved. 6. Mechanical equipment drains: Direct to plumbing. drains. 7. Furnace and air conditioner, in crawl space: Repair ductwork fit, where cardboard is used as ductwork, and equipment drains. 8. Laundry room sink: Drain; resolve code compliance. 9. Water heater: Appears recently installed. Resolve plumbing permit and inspection. 10. Water heater: Temperature Pressure Relief valve discharge line; extend to within 18 inches of floor. 11. Sump pump: Fasten down cover, resolve why sump is full of water and remove dead mice. 3.14.2016 revision: Water softener discharge and A/C drain are discharging into sump pump. sump pump is not approved drainage system for water softener. Water softener discharge is required to he discharged into approved drainage system _(not to grade). Water softener discharge and A/C condensate drains require air break, where they enter drainage system. 12. Water test: Provide test for arsenic, coliform and nitrates. 13. Furnaces), boilers and heaters: Provide test reports, from within past 3 years. 14. Swimming pool heater vent: Repair connection and minimum 6 inch vent clearance to combustibles. 15. Mechanical equipment, exterior location, by house: Verify clearance requirements per manufacture's installation instructions. 16. Barbeque, exterior: Resolve permits and inspections for gas, plumbing and electrical. 17. Bedroom on upper level: Smoke alarm; install per manufacture's installation instructions. 18. Smoke alarms: In all bedrooms, hallway outside bedrooms and on all levels of building; in operational conditions. 19. Carbon Monoxide alarms: Install within 10 feet of bedroom doors. 20. Decks: Need to he constructed of exterior rated material. 21. Decks: Provide guardrail, if over 30 inch drop, from deck to adjacent elevation. 22. Electrical extension cords: Are not approved for required electrical wiring. 23. Chair (designed for interior use), lumber, fence material (not installed), pallet and similar items: Place in building or remove from property. 24. Pontoon boat and fishing boat: Need to be owned by renter, if outside of garage. 25. Pontoon boat and fishing boat: Need to he located in driveway or in buildable area of property (meet property setback requirements). 26. Note: No bedroom on mid-level of dwelling. 27. Note: 6 bedrooms on upper levels *-To be installed and maintained at all times. **-To be resolved no later than stated date. Photo taken: No FURTHER REQUIREMENTS MAY BE ADDED STATUS OF INSPECTION COMMENTS: CORRECT ITEMS LISTED ABOVE AND ARRANGE REINSPECTION INSPECTOR: Joe Pazandak 0 16004844 - TMN0270700 SUT LAK Td qx E MI O H NNETONK.It POLICE DEpARTMENp INCIDENT REPORT ICR# 16004844 AGENCY ORI# MN0270700 JUVENILE: Z -1 Reported: 06-04-2016 1220 . First Assigned: 1222 First Arrived: 1242 Last Cleared:1348 Lu Ca Commited Start: 06-04-2016 1220 Commited End: 0 Z Title: Loud Party How Received: Radio Short Description: RP Volling reported a loud party taking place at a private residence, 26040 Wild Rose Lane in the city of Shorewood. Information provided by Dispatch was twenty cars were in the driveway and the persons at the residence were being loud. I responded to the area and parked one residence to the east of 26040 Wild Rose Lane.] rolled down the windows of my squad and turned the vehicle engine off. I listened for five minutes and during that time I could hear faint laughter coming from the rear of the residence. At one point two groups of young adults came around the side of the residence engaged in some sort. of relay race. During this activity shouts and screams could be heard. I then exited my vehicle and spoke with a male who stated he was a renter at the residence. I advised a complaint had been made about the noise. The male was very apologetic and stated they would keep the noise down and would be going back inside the residence very soon. I thanked him and then cleared. A short time later I recieved a phone call from neighbor, Bruce Johnson, advising the property, 26040 Wild Rose Lane, is being listed on multiple websites as a short term rental available for parties. Johnson informed multiple complaints have been made to the city of Shorewood, and that the city fined the property owner $300.00 Dollars. Neighbors which complained about the activity at the residence received a copy of a letter sent by the city to the homeowner stating they needed to discontinue renting the property as it was not commercially zoned. Mr. Johnson stated the letter sent from the city, dated May 20th. He stated the home was vacant Memorial Day weekend and he believed the issue had been taken care of until today when he noticed a large group at the home again. Mr. Johnson advised he, along with other neighbors are very tired of the loud weekend parties, and concerned about the short term traffic. I relayed that I had been out to the residence and had spoken with the renter about the noise. Johnson thanked me and advised he wanted the police department to be aware of the issue. I asked him to call back if the noise continued. Location(s) Address: 26040 Wild Rose La City: Shorewood State: IVIN Zip: Country: W u) Officer Assigned: Olson, Christina Badge No: 623 Primary: Yes uj U_ u_ 0 u) Involvement: Reported By Name: Volling, Jon Lloyd DOB: 04-02-1979 Age: 37 Sex: M Race: Height: 507 Weight: 160 Z Address: (Residence) 25930 WILD ROSE LN APT City: SHOREWOOD State: IVIN Zip: 55331 Country: Phone: (Home) (952)479-1480 Eye Color: GRN Hair Color: A 16004844 - MN0270700 ID Number(s) ID Type: Drivers License ID #:F126071761309 State: Year: Class: D Involvement: Mentioned Name: Johnson, Bruce Allen DOB: 10 -28 -1946 Age: 69 Sex: M Race: Height: 600 Weight: 190 Address: (Residence) 26060 Wild Rose Ln APT City: Shorewood State: MN Zip: 55331 Country: Phone: (Cell) (612)730 -8874 Eye Color: BLU Involvement: Property Owner Name: Irey, Quentin Jon DOB: 11 -15 -1973 Age: 42 Sex: M Race: W Height: 508 Weight: 255 Address: (Residence) 413 Heritage Loop APT City: Hutto State: TX Zip: 78634 Country: Phone: (Cell) (512)966 -3730 Eye Color: BLU Hair Color: ID Number(s) ID Type: Drivers License ID #: D164064757911 State: Year: Class: X ir,nnnQAA rA-Krnn'7nnnn Y 8/8/2016 Meehan 060716.htm From: Michael Meehan [MMeehan @southlakepd.com] Sent: Tuesday, June 07, 2016 11:03 AM To: Brad Nielsen Subject: FW: 26040 Wild Rose Lane Brad, Please see the email below from one of our officers I am wondering if there is anything the PD can do to help resolve this situation? Would it be helpful for us to forward any incidents there where we learn the occupants or renters? Would a zero tolerance approach to noise complaints at this address be helpful? Seems like the neighbors are upset as you likely are already aware. If you send us a copy of the letter we can at least start a case file on the home and document further incidents..... Let us know if there is anything we can do. Mike Meehan Police Chief South Lake Minnetonka PD 952- 960 -1601 mmeehan@southlakepd.com From: Christina Olson Sent: Saturday, June 04, 2016 2:55 PM To: Steve Neururer; Mark Geyer; Jim Williams; Justin Ballsrud Cc: Michael Meehan Subject: 26040 Wild Rose Lane Good afternoon, Today I took two noise complaints regarding a private residence, 26040 Wild Rose Lane in the city of Shorewood. One complainant, Bruce Johnston, advised the property is being listed on multiple websites as a short term rental available for parties, family reunions, business meeting place, etc. Johnston stated multiple complaints have been made to the city of Shorewood, and that the city fined the property owner $300.00 dollars. Neighbors which complained about the activity at the residence received a copy of a letter sent by the city to the homeowner stating they needed to discontinue renting the property as it was not commercially zoned. Mr. Johnston stated the letter sent from the city, dated May 20th, was issued by Planning Director Brad Nielsen, Mr. Johnston advised he, along with other neighbors are very tired of the loud weekend parties, and concerned about the short term traffic. I spoke to the group at the home today, prior to learning about the rental situation, and asked them to keep the noise down. They were very polite and apologetic. Just passing this along for your information, and in hopes the city can advise how they would like officers to proceed given further complaints. -.1 8/812016 https: / /www.airbnb.com /rooms /82293167x= Xn1oJw10 https://www.vrbo.com/723309 - Christina Of Christina M Olson South Lake Minnetonka Police Department 24150 Smithtown Road, Shorewood MN 55331 (0) 952474 -3261 (F) 952- 4744477 Meehan 060716.htm Zr � 8(8!2016 Meehan 060716 (2).htm From: Michael Meehan [MMeehan @southlakepd.com] Sent: Tuesday, June 07, 2016 1:52 PM To: SLMPD Staff Cc: Brad Nielsen Subject: 26040 Wild Rose Lane Good afternoon, The residence at 26040 Wild Rose Lane is being rented out by its owners for short term events— mostly advertised for parties. Predictably, this has created a series of noise and parking issues for the neighbors. The City of Shorewood has issued the owners of the property a cease and desist letter requiring them to stop any commercial use of the property. To assist the city in abating this issue we will take the following action: Please do a short report for any incidents at this address. The report should include if the property was being rented at the time of the incident, how many people were at the residence, how many cars were parked near the residence, and any other information deemed pertinent. Please take a zero tolerance approach for any noise violations at this address. The occupants are not typical community members but rather individuals and groups who have come into the neighborhood specifically to attend gatherings /parties. Thanks for your efforts in dealing with this neighborhood problem. Between our efforts and those of the city I think the matter will resolve itself in short order. And thanks to Christina for identifying this issue for the PD. Mike Meehan Police Chief South Lake Minnetonka PD 952 -960 -1601 mmeehan@southlakepd.com ® V A r w a 3 rs �a,a gjt sit . x 'f: `.'s ie 9 t." ° x t st le K ee� s v sd dr.r ojj SO 1 r �€ r' t �- U iff 1 h' t',eriec, T, aF f8 vet - vVyle IRAllul s 3e-s side, za7` €, rt ?, I d F ohv,pIlts oculd be h ei,6# & -, I theii: was an ion tpr at. era 6iire �k '-p7wKWAV had h r € the t f 1 F # 4 3 1 P t'S s 3` !- -, z VA p cep Lane; € i r' . 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Sump pumps: Fasten down covers. 2. Water softener discharge: Drain to plumbing fixture and provide air-gap at plumbing fixture. 3. A/C drain: Provide air-gap at drainage receptor. 4. Furnaces, boilers and heaters: Provide test reports, from within past 3 years. 5. Swimming pool heater vent: B-Vent clearance to combustibles; minimum 1 inch. 6. Mechanical equipment, exterior location, by house: Verify clearance requirements per manufacture's installation instructions. 7. Barbeque, exterior: Gas; resolve permit and inspection. Plumbing water lines have been disconnected. Sink drain; will be capped. Electrical; has been disconnected. 8. Deck, by pool heater: Needs to be constructed of decay resistant material. Guardrail, if over 30 inch drop to adjacent elevation; needs to be minimum 36 inches high, with maximum 4 inch diameter openings. 9. Chair (designed for interior use) , lumber, fence material (not installed), pallet, concrete blocks and similar items: Place in building or remove from property. 10. Note: No bedroom on mid-level of dwelling. 11. Note: 6 bedrooms on upper levels A el"A *-To be installed and maintained at all times. **-To, be resolved no later than stated date. Photo taken: No FURTHER REQUIREMENTS MAY BE ADDED STATUS OF INSPECTION COMMENTS: CORRECT ITEMS LISTED ABOVE AND ARRANGE REINSPECTION INSPECTOR: Joe Pazandak Gimail -- Response to Shorewood Inspection Notice of 17 Atigust 2016 llttp�:Hrna i 1, goog) le, C0111 /111 �1 1/(WhI i 2(10k =044 91 Icl 9d&vjeNwp1... ' r~- ) r�l��| .,.�~`� Scott Owens <aaonosQe mmeiicum> Response to Shorewood Inspection Notice of 17 August 2016 Scoff Owens <saomsgs@gmaii.com> Tue, Aug 23, 2016 at 10:55 AM To.- Scott Owens <saomsgs@gmail.coni>, mohrnian@mklaw.com, Quentin Irey <quentin@ritranscription.com>, It's Me <rebecca@ritranscription.com> Bcc: "Jennifer L. Owens" <jennalowens@gmail.com> Response to Shorewood Inspection Notice cf17 August 2O1O 1- Sump pump covers, Clarification received, just needs e screw in the right place. VVe thought this had been done when pest control was done. 2. Water softener discharge was discussed between Inspector and Weld Plumbing in the 8phn8 we thought the d�ohergeusing sump pump was approved. Discussed with Inapecho�potential eo|ubonof drain to laundry drain io being investigated. Need ho confirm that the pump on the water softener ierated for distance and height of laundry area discharge solution. 3. Will require cutting hose short for air break. Don't know why plumber orH\Y\C contractors did not dothat when installing. 4. All have been tested, but are having problems getting the paperwork from the contractors. (see attached). Most cities supply e form for the appliance which aoontroubornanfiUouL Some ofour contractors are having challenges developing their own format for the certification, 6. Swimming pool vent requirement is now clarified after discussion with Inspector, will be corrected in the next week. G. This clearance requirement for equipment installed 15 years ago has been verified by the HVAC contractor, see attached. 7. Barbecue permit was going tnbe checked byInspector. Other will be resolved, just need ho cap the drain. (We will actually probably completely remove the sink.) /l Deck referred bmioe small five foot by five foot deck, probably built oae children's play area. Will make changes to treated wood and/or plastic decking material in the next week, Q. Chair is in trash enclosure, bagster is on site for the other items and the waste that will come from the deck change. 10. We request citation from the code that prohibits a bedroom ina mid-level of the buiNin0 The room has o double entry door plus anex� door through the spa room, and windows; though the windows -��are not standard egress size, our contractors have told us the two means of egress should be sufficient per building code. 11. Noted. Scott Owens 612-747-3653 Gniail - Fwd: Centraire 26040 AC inspection N4, . C` •. rn aI Fwd: Centraire 26040 AC inspection Lisa Lineli <Ilinell @centraire.com> To: Scott Owens <saomsgs @gmail.com> Scott, I'iups : /hIlail.goo;le.com /maiVu /0 / ?ui =2 &ik == 044911 c190 &view= =pt... Scott Owens <saomsgs @gmaii.com> I forwarded this to Tina to get a document redone for You tomorrow morning. 1 -. Sr I ir" P11 7402 Washington Ave Eden Rrairie, MN 55344 Main 24I-{;: rService 151 '• }'I - "!t r Cell t':> ..c;c4 /946 Fax 1952 -91111 1-•1967 llin'udl it ir_., or From: Scott Owens Sent: Monday, August 15, 2016 11:07 AM To: Lisa Lineli Subject: Fwd: Centraire 26040 AC inspection Mon, Aug 15, 2016 at 4:15 PM Hello Lisa! See forwarded image. This doesn't say anything about the installation being compliant with the manufacturers specifcations regarding locations and clearances. Can you please get us a document that we can submit to the city? Our inspection is Wednesday. Thanks! Scott Owens Gmnj|-hvd:Ccnbnirc26040 AC. inopuuion hKpo://mnii�oogle.00x6nuiKuXV?u��2&ik�0449|ld9d&viow=pL' ' 612-74/-38S3 ----- Fomvondedmoanoge ----- From: Scott and Jennain Minneapolis ��uho,W��y��g',�oi!`om� Date: Fri, Aug 12.2O1Gat1:O4AM Subject: Fwd: Cenhain* 26040 AC inspection To: Scott Owens <sanmsga��Q,�zi|cc"�� For Info: www.eon0andjemnaohortobayuom b12-701 orC�i ifnuanswer To Reserve: http://rentals.vacationrentaidesk.com/ScottAndJennaShortStay/grid.htmI "Scott and Jenne Short Stay" isa family business supplying Fully Furnished Short Stay Spaces in Metro Minnesota for Vacation, Business, Relocation, etc. ----- FonwandadmesnaQa ----- From: Scott and Jannain Minneapolis <�sho/to�ay��gme8cu/n� Date: Thu, Aug 11.2O1Ged3:38P&1 Subject: Cantnana2GO4DACinspection To: Scott and Jenna Jenna of Gmai| Fwd: Cunoniro2604UA( inspection ' Fwd: Centra^re 26040 AC inspection Scoft Ovveno<eaommgo@gmoiioom» To: Lisa Linell <Ilinell@centraire.com> hUpo://n�iii,)oog|ccom/inuiKuXV9oi�&,ik~{04491 ld9d&viow~pt.' Mon, Aug 15.2U1Gat11:UGAM Hello Lisa! See forwarded image. This doesn't say anything about the installation being compliant with the manufacturers specifcations regarding locations and clearances. Can you please get uao document that we can submit to the city? Our inspection iaWednesday. Thanks! Scott Owens 612-747-3653 ----- Fonwondedm*aoage ----- From: Scoft and Jennain Minneapolis <sjehortatay@gmaiioom> (Quoted text hidden] 20160811_153720_001jpg Z219K (imui| F*d:Centrurc26U40ACinspection �~ I \�� ^[�l��|� � � ~ Fwd: Centra're 26040 AC inspection Sooft and JenmoinMinneapolis maiiuom> To: Scott Owens <saomsgs@gmail.coni> Fri, Aug 12.2O1Gat1:O4AM Scott (and Jenna0:-) For Info: wvmmonottandjenneahodebayoom G12-7O1-OQOOor812-75A-1O22ifnoanswer To Reserve: http://rentals.vacationrentaldesk.com/ScottAndJennaShortStay/grid.html "Scott and Jenna Short Stay" ion family business supplying Fully Furnished Short Stay Spaces in Metro Minnesota for Vacation, Business, Relocation, etc. ---- Forwardedmassage --- From: Scmft and Jenmmim Minneapolis *sjohortebsy@gmaU,com> Date: Thu, Aug 11.2016 a|3:38PK8 Subject: Centosire2GO4OAC inspection To: Scott and JonneJenno^sjohortetay@Omai|.nom> 20160811_153720_001jpg 221SK SUBURBAN ELECTRIC 873 MEANDER COURT MEDINA, MN 55340 (763)498-7215 FAX (763)498-7661 I'M I w SCOTT OWENS 110 BOX 582299 MINNEAPOLIS, MN 55458 Ship To RENTAL 26040 WILDROSE LANE SHOREWOOD Date Invoice # 05/10/2016 15621 P.O. Number Terms Rep Ship Via F.O.B. Project Due on receipt 05/10/2016 160622 Quantity Item Code Description Price Each Amount LABOR AND MATERIAL PROVIDED ON 5/10/16 TO MAKE INSPECTOR CORRECTIONS AND HOMEOWNER PUNCI-I LIST ITEMS 2,971.56 2,971.56 Thank you for your business. Total $2,971.56 CITY OF SHORE WOOD PLANNING COMMISSION MEETING TUESDAY, JULY 19, 2016 MINUTES CALL TO ORDER COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Chair Davis called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Davis; Commissioners Bean, Johnson, Maddy and Riedel; Planning Director Nielsen; Engineer Hornby; and, Council Liaison Siakel Absent: None APPROVAL OF AGENDA Bean moved, Maddy seconded, approving the agenda for July 19, 2016, as presented. Motion passed 510. APPROVAL OF MINUTES ® June 7, 2016 Davis moved, Maddy seconded, approving the Planning Commission Meeting Minutes of June 7, 2016, as amended to correct a typographical error on Page 7 and to note that Commissioner Johnson was absent. Motion passed 510. ® June 21, 2016 Bean moved, Maddy seconded, approving the Planning Commission Meeting Minutes of June 21, 2016, as presented. Motion passed 510. 1. PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A SIX -FOOT FENCE IN FRONTSETBACK Applicant: Debra and Kenneth Hoops Location: 23755 Smithtown Road Chair Davis opened the Public Hearing at 7:02 P.M. noting the procedures used in a Public Hearing. She explained the Planning Commission is composed of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission's role is to help the City Council in determining zoning and planning issues. One of the Commission's responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non - binding recommendation to the City Council. The recommendation is advisory only. She stated this evening the Planning Commission is going to consider a conditional use permit (C.U.P.) for a six -foot fence in a front setback for Debra and Kenneth Hoops, 23755 Smithtown Road. CITY OF SHOREWOOD PLANNING COMMISSION MELTING July 19, 2016 Page 2 of 22 Director Nielsen explained Deborah and Kenneth Hoops, 23755 Smithtown Road, have requested a C.U.P. to construct a six -foot high, alternating board on board (shadowbox) fence across part of the front of their property. The property is zoned R -2A /S, Single and Two - Family Residential /Shoreland and contains approximately 22,130 square feet of area (about one -half acre). Ordinarily a property owner cannot build a six- foot -high fence within the required front setback. The Zoning Code was amended several years ago for properties abutting arterial streets to allow fences up to six feet high. The portion of Smithtown Road (aka County Road 19) the Hoops' property abuts is designated in the Shorewood Comprehensive Plan as an arterial street. The new fence would be located in basically the same area as the old nonconforming fence was located. It would be about 65 feet across and angles to some extent toward their driveway. With regard to the analysis of the case, Nielsen noted Section 1203 Subd. 2.f. of the Zoning Code prescribes criteria for granting a C.U.P. for allowing fences six feet high in the front setback. He reviewed how the applicants' fence would comply with the criteria. 1. The fence must be located at least eight feet from the front property line. This is intended to provide space for landscaping. The proposed fence is eight feet back from the right -of -way of Smithtown Road. 2. Landscaping for the subject fence is somewhat complicated. In addition to existing tree cover, landscaping needs to grow on the shaded north side of the fence. The plants proposed by the applicants appear to be both shade and salt tolerant. The location of the fence takes into account traffic visibility. Between the right -of -way for County Road 19 and the fence, there is ample room for cars on County Road 19 to see cars exiting the site. Nielsen noted that based on the analysis of the case staff recommends that the applicants' request for a C.U.P. be approved, subject to the applicants providing a landscaping plan showing the plant materials and a letter of credit or cash escrow for 1.5 times the amount of the landscape bid. The resolution approving the C.U.P. will state that the C.U.P. is valid as long as the proposed /required landscaping is maintained. Commissioner Johnson stated the staff memorandum states the existing fence is nonconforming. He asked why. Director Nielsen noted it had been a solid fence. Deborah Hoops 23755 Smithtown Road and the applicant, noted they do have a landscaping bid. Chair Davis asked how long the existing fence has been in place. Mr. Hoops clarified there is no fence there now. Ms. Hoops stated they tried to do something green and unique. It did not meet everyone's approval so they took it down. They then applied for the C.U.P. Chair Davis opened the Public Testimony portion of the Public Hearing at 7:09 P.M. John Leebens 23825 Smithtown Road, stated he thought they should add a six foot earth berm first and then put their fence up. He thought about 11,000 cars drive on that roadway. He did not think the six -foot- CITY OF SHOREWOOD PLANNING COMMISSION MEETING ,duly 19, 2016 Page 3 of 22 high fence would be high enough along Country Road 19. He noted he supports the Hoops building the fence; the highest possible fence. He also noted their home is higher up. He stated the area where the fence will be is very shady. Chair Davis closed the Public Testimony portion of the Public Hearing at 7:10 P.M. Commissioner Riedel stated it appears that they will satisfy all of the criteria for a six foot high fence. He then stated if the goal is to create a sound barrier shade tolerant trees might provide a better sound barrier than a six - foot -high fence noting it would take time for trees to grow. Commissioner Bean stated there are already some relatively mature trees in that location and he questioned if more trees would fit in there. Commissioner Bean stated given the location of the property he supports the applicant putting up the fence. He then stated he went to the site and he thought the applicant has satisfied the criteria in the Zoning Code. Maddy moved, Johnson seconded, recommending approval of a conditional use permit for a six- foot-high fence in the front setback for Deborah and Kenneth, 23755 Smithtown Road, subject to the applicants providing a letter of credit or cash escrow for 1.5 times the amount of the landscape bid- and the resolution approving the C.U.P. stating that the C.U.P. is valid as long as the proposed /required landscaping is maintained. Motion passed 510. Director Nielsen noted Council will consider this item during its July 25, meeting Chair Davis closed the Public Hearing at 7:12 P.M. 2. PUBLIC HEARING — SETBACK VARIANCE Applicant: Ryan Krieger Location: 20920 Forest Drive Chair Davis opened the Public Hearing at 7:12 P.M., noting the process will be the same as for the previous item. She stated during this Public Hearing the Planning Commission is going to consider a setback variance for Ryan Krieger, the pending owner of the property located at 20920 Forest Drive. Director Nielsen explained Ryan Krieger and his wife are arranging to purchase the property located at 20920 Forest Drive from David Moe. The property was the subject of a variance request about one year ago for Mr. Moe. Mr. Moe had submitted plans for a new house on the property. The subject property is very nonconforming; it is 50 feet at its widest and tapers back to 37.5 feet on its easterly end. The Krieger's propose to tear down the existing house on the property and build a new house. What they propose is essentially the same footprint as the one Mr. Moe had received a variance for. The difference between the two variance requests is Mr. Moe would have had only a garage on the easterly end and the Kriegers want to have living space above the garage. He noted that had Mr. Moe asked for living space above the garage staff would have recommended approval of Mr. Moe's variance. He noted that Mr. Moe had been granted an extension for his variance because it was going to extend past one year. He stated the Krieger's variance would be subject to the same conditions as those put on Mr. Moe's variance. CI'T'Y Or SHOREWOOD PLANNING COMMISSION MEE'T'ING July 19, 2016 Page 4 of 22 Nielsen noted staff recommends approval of the variance request for Ryan Krieger. Stephanie Krieger, the soon to be owner of the properly >> erty located at 20920 Forest Drive, stated she and her husband Ryan have four children. She noted they want living space above the garage for two additional bedrooms. Seeing no one present to comment on the case, Chair Davis opened and closed the Public Testimony portion of the Public Hearing at 7:16 P.M. Commissioner Bean stated that for all intents and purposes the Kriegers' request is basically the same as what was approved for Mr. Moe a year ago. It is about the only thing that would work on the subject property. He thought it generally fits with the neighborhood and he is pleased with that. Commissioner Maddy asked if the Kriegers' variance request is a modification of a variance already granted to Mr. Moe or is it new variance request. Director Nielsen stated it should be considered as a new variance request. Maddy then asked if there is a list of conditions that should be included in the motion. Nielsen noted they would be listed in the resolution and the resolution will be essentially the same as the one adopted for Mr. Moe's variance. Commissioner Johnson asked if the existing house has been removed. Commissioner Bean responded not yet. Commissioner Bean asked if there is a time limit for when the Kriegers have to build. Director Nielsen noted they have one year to use the variance. Ms. Krieger stated they hope to start building as soon as possible. Maddy moved, Bean seconded, recommending approval of setback variances for Ryan Krieger, 20920 Forest Drive, subject to the same conditions stipulated in the April 29, 2015, staff memorandum for variances requested by David Moe. Motion passed 510. Director Nielsen noted Council will consider this item during its July 25, meeting. Chair Davis continued the Public Hearing at 7:19 P.M. 3. PUBLIC HEARING — CONDITIONAL USE PERMIT FOR BUILDING ADDITION Applicant: Valvoline Instant Oil, Inc. (Represented by John Kosmas) Location: 19465 State Highway 7 Chair Davis opened the Public Hearing 7:20 P.M., noting the process will be the same as for the previous items. She stated during this Public Hearing the Planning Commission is going to consider a conditional use permit (C.U.P.) for a building addition for Valvoline Instant Oil, Inc., 19465 State Highway 7. Director Nielsen explained KK Design is representing the owners of Valvoline Instant Oil Change located at 19465 State Highway 7. It has submitted plans to add a small addition to the existing building. The property exists under a conditional use permit (C.U.P.) that was approved in May of 1984. The addition is also subject to the C.U.P. process. The proposed addition would be located on the east side of the building. It would be used for indoor storage of new and used oil. That is currently done in the lower level of the building and that is cumbersome. CITY OF SIIOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 5 of 22 The property is zoned C -1, General Commercial, which includes "auto repair — minor" as a conditional use. The existing property contains 20,073 square feet of floor area. The existing building is somewhat nonconforming. A variance was granted when Rapid Oil was located there. It does not meet the 30 foot setback. The addition would comply with all of the setbacks. Land use and zoning surrounding the site are as follows: West: self - storage facility; zoned R -C, Residential - Commercial North: State Highway 7, then commercial in Deephaven; zoned commercial East: park and ride lot South: single- family residential; zoned R -1C, Single - Family Residential He noted the applicant's request complies with the requirements of the Shorewood Zoning Code. The conditional use requirements are stipulated in Section 1201.22 Subd. 4.d. of the City Code. He stated the applicant was asked to provide the hardcover calculations for the site. The hardcover is about the same size as the building. He explained the height of the building addition is about three feet shorter than the existing building. The Zoning Code requires nine parking spaces for the subject site /use. There are 10 spaces on the property. The building and the addition are consistent with Shorewood's construction requirements for commercial building. The existing landscaping on the property is adequate and will not be changed. Nielsen noted based on the analysis of the case staff recommends approval of the C.U.P., subject to review and approval of the plans by the Excelsior Fire District. John Kosmas, with KI{ Design, stated per the request of Director Nielsen the proposed addition was modified to meet the setback requirements. It therefore has a different look to it than other Valvoline buildings have. The addition would be a nice enhancement for the function of the building. Marls Gilbertson with Valvoline, stated he was the impetus behind the addition. Valvoline is required to carry many types of oil in order to service a broad spectrum of vehicles and the facility has run out of space. Chair Davis asked Mr. Gilbertson if the addition will be adequate to meet future needs. Mr. Gilbertson indicated that he thought so and noted there is no space to build on the site. Davis stated Valvoline keeps a clean corner. Seeing no one wishing to comment on the case, Chair Davis opened and closed the Public Testimony portion of the Public Hearing at 7:25 P.M. Commissioner Johnson stated as a person who has the oil in his vehicles changed every 5,000 miles he thought the addition makes sense. He stated the aesthetics as viewed when waiting for service are not great because of the dumpster. He asked where the dumpster would be relocated to. Commissioner Bean asked if the proposed addition would affect the original variance in any way. Director Nielsen responded no. Commissioner Maddy thanked the owners for not expanding the nonconformity CITY OF SHOREWOOD PLANNING COMMISSION MEETING ,July 19, 2016 Page 6 of 22 Maddy moved, .Iohnson seconded, recommending approval of the conditional use permit for an addition to the Valvoline Instant Oil Change building located at 19465 State Highway 7, subject to review and approval of the plans by the Excelsior Fire District. Motion passed 510. Director Nielsen noted Council will consider this item during its July 25, meeting. Chair Davis continued the Public Hearing at 7:28 P.M. 4. PUBLIC HEARING — SETBACK VARIANCE Applicant: Chris Hamdorf Location: 26425 Arbor Creels Lane Director Nielsen explained Chris and Amy Hamdorf own the property at 26425 Arbor Creel, Lane. They propose to build a 12 foot by 12 foot garden shed at the rear of their property. The location available to them requires a 4546ot setback variance from the rear lot line. The property is just shy of one acre; it contains 40,620 square feet of area, It is zoned R -IA, Single - family Residential The entire Arbor Creek subdivision is characterized by some very extraordinary drainage and utility easements. The Hamdorf s property is one of them. The entire southeasterly corner is all drainage and utility easement. Therefore, there is a very limited buildable area for a Iot that size. There are the normal 10 foot drainage and utility easements around the rest of the perimeter. The Hamdorfs had been successful in getting the City to modify the original easement and reduce it somewhat. That effort included a small vacation of the easement as well in anticipation of the shed. He reviewed how the applicant's request for a variance complies with the criteria for variances set forth in Section 1201.05 Subd. 2.b. of the Zoning Code: The applicant's "practical difficulty" is largely the result of the extraordinary size of the drainage and utility easement that wraps around the south and east sides of the lot, coupled with the topography of the site. The typical drainage and utility easement is 10 feet. Staff initially suggested the possibility of locating the shed to the west of the existing sport court which would have met setbacks and been out of the drainage and utility easements. After walking the site staff agrees that area is subject to storm water flow. The proposed location of the shed is high and dry, and places it much farther from surrounding residences (approximately 30 feet from the back corner of the lot to the east) than if it were located west of the sport court. It would also be quite concealed by the existing privacy fence on the property and the location of trees in that corner of the site. The property to the south of the applicants is the school yard for Minnewashta Elementary School. 2. The applicant's practical difficulty is not economic in nature. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 7 of 22 3. Despite the standard one acre size of the subject lot the buildable area of the lot is drastically reduced by the drainage and utility easement. The applicant is unable to use as much of his lot as other similar sized lots in the R -lA district. 4. The special conditions in this case are not the result of actions by the applicant. 5. No special right or privilege is conveyed to the applicant by granting the variance. The drainage and utility easements on the property in effect result in a 50 -foot setback or open space on three sides of the property. Even if the variance is granted, the lot provides more open space than a standard lot. 6. The design and location of the proposed building should not adversely impact the surrounding properties or the neighborhood in which it is located. Nielsen noted that based on the analysis of the case staff recommends approval of the variance request. Chair Davis opened the Public Hearing at 7:33 P.M Amy Hamdorf, 26425 Arbor Creek Lane, explained there had been two suggested areas to build the shed on. The western side of their lot is the wettest part of their lot. If the shed were located there it would have been close to their neighbor's property. The proposed site for the shed is the highest point in their yard. It would not be visible to their neighbors. Chair Davis asked Ms. Hamdorf if they have a trail coming off of the back of their property Ms. Hamdorf explained there is a little sidewalk at the top of the cul -de -sac and it is used to get to the Minnewashta Elementary School. Seeing no one to comment on this case, Chair Davis opened and closed the Public Testimony portion of the Public Hearing at 7:35 P.M. Commissioner Bean stated at the proposed location it would be nearly impossible to see the shed from any of the abutting residential properties. Because it would back up to the very back of the Minnewashta Elementary School property it would have minimum impact. He thought granting the setback makes sense. Chair Davis concurred. Commissioner Maddy asked if he heard Director Nielsen say there was a hole in the drainage and utility easement where the building pad would be. Director Nielsen explained that when the original reduction in the drainage and utility easement was approved there was also a small area that was vacated. He noted that from his vantage point a good portion of the corner could have been vacated. Maddy then asked if the original easement reduction was strictly for drainage purposes. Director Nielsen confirmed that. Commissioner Riedel asked what the history of the drainage and utility easements was. Director Nielsen explained the plat sits up on high ground. There had been drainage issues primarily to the north of Arbor Creek. There had been a fair number of drainage issues along the edge of the property. `There is also a CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 8 of 22 drainage way (somewhat of a creek) that runs through the area. When the engineers laid out the plat in order to get the drainage to flow to where they wanted it to go they dedicated all of the easement. He thought the engineers thought they were leaving enough buildable area. But, people want to make use of their property. He thought the easements could have been better confined. Commissioner Riedel asked what the legal procedure is. Director Nielsen clarified a small area where the shed would go was included in the part of the area that was vacated. Maddy moved, Johnson seconded, recommending approval of the setback variance for a shed for Chris and Amy Hamdorf, 26425 Arbor Creek Lane. Motion passed 510. Chair Davis noted Council will consider this item during its July 25, meeting. Director Nielsen clarified that Chris Hamdorf wanted this to go before Council on August 8. Chair Davis closed the Public Hearing at 7:40 P.M. 5. PUBLIC HEARING — TEXT AMENDMENT REGARDING OPTING -OUT OF TEMPORARY FAMILY HEALTH CARE DWELLING LAW Chair Davis opened the Public Hearing 7:40 P.M. She stated during this Public Hearing the Planning Commission is going to consider an amendment to the Zoning Code regarding opting -out of the temporary family health care dwelling law. Director Nielsen explained staff routed material to the Planning Commission related to state legislation that was recently adopted regarding what has been termed "drop homes ". It would allow residential landowners to place mobile residential dwellings on their property to serve as a temporary health care dwelling. The legislation allows cities to opt -out of allowing that provided they do so my September 1, 2016. Shorewood permits alternatives to the temporary health care dwellings. It allows accessory apartments for senior care or health care. If the City ever wanted to allow for the dwellings it could do that on its own rather than having the State dictate that. He noted that this evening he passed out a copy of a draft ordinance from the League of Minnesota Cities that a city could approve opting out of that legislation. It needs to be tweaked for Shorewood. Nielsen noted staff recommends the City opt out of that legislation. Seeing no one present to comment on the case, Chair Davis opened and closed the Public Testimony portion of the Public Hearing at 7:43 P.M. Chair Davis noted she agrees the City should opt out of the legislation. Commissioner Maddy stated if the City did not opt out he asked how many different types of structures could be used for that purpose. Director Nielsen explained it is his understanding that cities can adopt their own standards. For example, a city could require that setbacks be met. Some photographs lie saw looked a little bit like the tiny houses that are becoming somewhat popular. The drop homes would be somewhere between those and the nice fish houses. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 9 of 22 Director Nielsen explained some concerns are the units would have to be hooked up to the sanitary sewer system somehow. In Shorewood water would not be an issue because they would just be hooked up to a water line. They would not be that much different than an RV. Another issue raised is even though they are supposed to be temporary there is nothing more permanent than something done temporarily. People would want to get their money's worth out of an investment. He reiterated he thought the City has adequate provisions in its Ordinance that offer alternatives to the legislation. He noted the City already limits the length someone visiting can stay in their RV on a residential property to two weeks at a time. The City does not allow more than one dwelling on a property and it has been consistent with that for the past 30 years. Chair Davis stated if a person came to the City and stated they really needed to do that for a defined period of time she asked if there would be some recourse for a conditional use permit or a temporary permit. Director Nielsen stated they would have to apply for an amendment to the City Ordinance. Director Nielsen stated there are relatively big houses in the City that could accommodate having someone stay in a household for some time. Maddy moved, Johnson seconded, recommending approval of an ordinance opting out of State Statutes, Section 462.3593 pertaining to temporary family health care dwellings. Motion passed 510. Chair Davis closed the Public Hearing at 7:47 P.M. 6. PUBLIC HEARING — REZONE PROPERTY FROM R -2A, SINGLE AND TWO- FAMILY RESIDENTIAL TO C -1, GENERAL COMMERCIAL (continued from June 7, 2016) Applicant: John Benjamin Location: 24250 Smithtown [toad Director Nielsen explained Mr. John Benjamin has arranged to purchase the property at 24250 Smithtown Road. He has requested that the property be rezoned from R -2A, Single and Two - Family Residential to C -1, General Commercial. The property contains 1.59 acres and is currently occupied by a single - family residence. The land use and zoning surrounding the subject property are as follow: North: Shorewood Public Works Department; zoned R -2A Cast: South Lake Public Safety Facility (Police and Fire); zoned R -2A South: Auto repair and self -serve car wash; zoned C -1 West: Candy store, in Tonka Bay; zoned commercial With regard to the issues and analysis of the case, Nielsen reviewed the following. A. Comprehensive Plan — Section 1201.04 Subd. l.d. of the Shorewood Zoning Code sets forth the considerations to be used by the Planning Commission in evaluating requests for amendments to the Code — in this case, a change in the zoning district. Perhaps the most significant consideration is consistency with the Shorewood Comprehensive (Comp) Plan. The Smithtown Crossing Redevelopment Study had been adopted into the Comprehensive Plan and is effectively the area plan for the vicinity in which the site is located. When staff met with the applicant's consultant prior to it making an application for the rezoning staff directed the consultant to the Study. CITY OF SHOREWOOD PLANNING COMMISSION MEETING .duly 19, 2016 Page 10 of 22 The Study recommends the following with regard to the subject site: "The single-family residential property on the north side of County Road 19 is surrounded by commercial development in Tonka Bay and public facilities (public works, police and fire). The City should be open to a rezoning of this site to R -C, Residential /Commercial. " The applicant chose to apply for C -1, General Commercial zoning, presumably for its considerably greater latitude in land use choices. The C -1 district has less restrictive zoning standards (e.g.; setbacks, height, etc.) and less restrictive regulations (e.g.; hours of operation). The applicant's most recent idea is for a motel facility. The C -1 district would be his only way to achieve that use of the land. Motels are not allowed in the R -C district. B. Site Plan — The site plan submitted with the rezoning request is intended to illustrate how the proposed use of the property might fit. The plan proposes using the existing driveway that goes to the house. It is located very close to County Road 19. This location may present issues with respect to stacking on the City's access drive. The applicant indicates that he is exploring what, if any, access easement rights the subject property may have over the City's property. Staff could not find any easement of the subject property over the City's property to the east. The plan illustration with the Project Narrative appears to maximize the site, even using C -1 setback requirements. The plan does not show any kind of storm water ponding that may be necessary to control drainage on the property. C. Trgffic — There is a tremendous amount of traffic on Country Road 19 which at times makes it difficult to get in and out of the site. Therefore, staff does not recommend adding intense zoning to the site. If that rezoning were to be considered, then staff recommends doing an in depth traffic study. Nielsen stated there are enough open ended issues related to this request to warrant additional study. He again noted the C -1 zoning is not consistent with the Shorewood Comprehensive Plan. Therefore, staff recommends denial of the C -1 zoning request. Nielsen noted that Brad Scheib, with Hoisington Koegler Group Inc. and representing John Benjamin and his partner Bonnie Witrak, was present this evening. He also noted that Mr. Scheib had submitted a letter dated May 26, 2016, in response to the April 28, 2016, staff report regarding the rezoning request. Chair Davis opened the Public Hearing 7:55 P.M. Brad Scheib, a planner with Hoisington Koe leg_r G_ roup, noted he agreed with a lot of what Director Nielsen talked about. But, there are differing perspectives on the timing and sequence of things. Mr. Scheib explained he has been in planning for just over 20 years. He started his career working for a city where his job was to implement a redevelopment plan. His role was to remove barriers because the plan was created in the 1970s and he started in the 1990s. Nothing had happened before he started. One strategy to get the redevelopment started was to first purchase the property so it would be available. Another strategy was to modify zoning to remove the barrier of having to go through the entitlement process to get zoning in. CITY OF SHOREWOOD PUNNING COMMISSION MEETING July 19, 2016 Page 11 of 22 Mr. Scheib then explained that Mr. Benjamin and Ms. Witrak approached Hoisington and asked them to help get the 24250 parcel through the entitlement process. Most of the time Hoisington's clients are in the public sector; there are a few occasions when they work with the private sector. They first decide if the proposed project has merit. Does it have a lot of value and is it consistent with a city's planning? For this project it was not crystal clear if it was consistent with Shorewood's planning when looking just at information online. The Comp Plan, Land Use Plan and Zoning Ordinance show the site as residential. The Smithtown Crossing Study is very clear that the City has a vision of wanting to explore redevelopment at the core area along Smithtown Road. The Study includes the 24250 parcel. After browsing the Study they concluded there was a vision for the area. They did not review the Study in detail. They missed the one sentence that states the City should be open to R -C zoning for the parcel. Mr. Scheib stated they met with Director Nielsen before submitting the rezoning application. Nielsen made it clear the Study was approved and was amended into the Comp Plan. He thought that was a good first step even though there was not a Land Use Map that showed the parcel as commercial. It was clear the intent in the Study was it would either be a commercial or mixed -use parcel. During the meeting Nielsen made it clear the City should consider R -C zoning. They discussed C -1 zoning and the issues (e.g.; traffic, stormwater, size of the site) associated with it were brought up and discussed. The conversation was that anything could be considered; C -1 could be considered. Yet, the Study made reference to R -C. Hoisington's client had bigger visions for the area at the time. The 24250 parcel was connected to the vision but also independent. Because it was connected they asked that the rezoning application be pulled from the agenda a couple of times. Now the bigger vision has more clarity. Therefore, they decided to move forward with the rezoning application as an independent parcel and independent project. He stated redevelopment is complicated and it takes time to do it. Mr. Scheib noted Mr. Benjamin does not have a specific user for the site at this time; he has spoken with many potential users. Hoisington representatives' conversations with Mr. Benjamin have been focused on a professional office use, another has been professional office use with some medical clinical component to it, and yet another has been a hotel. He stated rezoning to C -1 would provide for the greatest flexibility relative to use that might be proposed for the site. He explained the development standards and performance standards for the R -C district are different than for C -1 district; in some cases they are more restrictive and in other cases they are about equal. He explained that they understand the site has limited capacity. The limited capacity is constrained predominantly by traffic and to some extent by typography. They understand those things need to be resolved as the due process effort progresses. He noted their first step is to secure C -1 zoning so they can explore alternative uses on the site. Mr. Scheib stated his team understands that R -C zoning is transitional zoning. There is pretty much commercial use on all sides of the site from a form and pattern standpoint recognizing there are public facilities on the east side of the site. The Public Safety facility and the Public Works facility function more like an industrial use. When thinking about transitioning from commercial to residential the transition happens east of the Public Safety facility. That is why they think C -1 could be considered. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 12 of 22 The Smithtown Crossing Study discussed R -C in the transition concept. But, the emphasis of that discussion was on the west side of County Road 19. On the west there is a clear transition connecting to a predominate pattern of lower density residential use where redevelopment was considered in the study. They believe R -C zoning would be appropriate on the west. R -C for the subject site would be more of an interpretation of the Sturdy. Therefore, they are advocating for it to be rezoned to C -1. That is why they have continued to move forward despite Director Nielsen's recommendation. He noted they make a concerted effort to be on the same page as staff; unfortunately, that does not always happen. That made their decision to move forward with the request to rezone to C- I more difficult. They thought it has merit and they will continue to advocate for it. Mr. Scheib stated they researched the easement question. The parcel has to have access; otherwise there is a taking and it becomes a legal issue. They investigated into how the easement happened. Originally the Public Works facility and the subject site were owned by the same person. The owner of that property split the property into two parcels while continuing to maintain ownership of both. At the time he subdivided his property he created a full cross access easement for ingress and egress. A document showing that was filed with Hennepin County. That cross access granted access to the entire north/south segment on the east side. The issue became whether or not the easement still exists. When the property owner sold the property to the north to the City he did a quit claim sale. According to the legal advice they received that quit claim sale nullified that cross access easement. The driveway to the existing house used to be in a different location and was eventually shifted down to Smithtown Road., Several years later Hennepin County decided to make improvements to Smithtown Road. That is when things became messy. The property owner has provided a document from the County that states we grant you fill access to the City's property. Their attorneys have a copy of that document but he has not seen it. He noted they do not think that easement issue needs to be resolved now. It needs to be resolved when people get into the site plan details. Mr. Scheib stated they agree with Director Nielsen that the proximity of the driveway on their site plan would be difficult for any commercial use regardless of the magnitude of the use. Any commercial use there will generate more traffic than a single- family house and therefore create stacking issues. The reason for where it is on the site plan is that is where the.driveway is now. They have considered various scenarios for the location of the building and the driveway. Whatever happens with the site plan approval process and the developer's agreement, there will need to be an agreement between the City and whoever develops the property to get the access figured out. If no agreement can be reached they believe there is legal recourse the property owner would have to take to get access back on to Smithtown Road. Otherwise it is a taking. They understand there are some legal issues but they do not think they need to be resolved now. It would be a detail that would have to be resolved during the site plan review process. Chair Davis asked how wide the access road is. Commissioner Bean stated two cars can pass on the road. Davis stated it could serve as an actual road. Bean concurred. Mr. Scheib stated they thought it may have been designed to serve more than just the Public Works facility or it was designed to have heavy trucks going to and from the facility. Mr. Scheib stated during the site plan review process and depending on what happens on the site the development would be responsible for making whatever improvements are needed to the road to make it work. Who pays for them would be addressed in the development agreement. Mr. Scheib explained in situations where cities do not have a site plan approval process sometimes there would be a concurrent site plan review and rezoning. Shorewood has a site plan approval process. The Planning Commission and City Council review the site plan. Those bodies have the discretion of CITY OF SHOREWOOD PLANNING COMMISSION MELTING ,July 19, 2016 Page 13 of 22 reviewing the plan against the performance standards and not necessarily the use. The zoning entitles the use. The physical site itself is constrained by a number of things that have to be addressed during the detailed site plan process. They decided they needed to at least demonstrate that there would be an ability to develop the site. For them it was somewhat of a feasibility test. Mr. Scheib stated they considered one - story, two -story and three -story office buildings. For a three -story building there is difficulty adding parking to meet the parking requirements. They believe they can do a three -story building with parking underground. They would do some unique things for stormwater management including some underground stormwater treatments. But; those come at a cost. The costs can be justified if they can get enough critical mass on site. They understand some traffic improvements would have to be made. A detailed traffic study would identify them. Their traffic advisor told them Smithtown Road is a county road (County Road 19) and that it is a commercial corridor. The intersections beyond the immediate area need to be studied to understand the traffic flow. They may also have to be improved. Again, the development agreement would address who pays for the improvements. They assessed how to address stormwater management. If there were to be a lesser intense development pattern it would be possible to handle the stormwater on site. If the development were intensified stormwater management improvements would be more costly noting they could be done. They know it is feasible. They understand the stormwater improvements must _comply with the Minnehaha Creek Watershed District's (MCWD) requirements and the City's requirements. He reiterated that they had hoped that staff would have been supportive of their rezoning request. They appreciate the concerns and issues staff expressed. They are aware conditions can be put on the rezoning provided the conditions are in the public's best interest. If the conditions would not be in the public's best interest then there would be a question about whether the conditions would be a best practice. They understand Shorewood's site plan approval process requires them to do the detailed site design and to understand the implications of it. That site planning process would answer many of the questions. If the site were to be rezoned to C -I it would not entitle the applicant to maximum development on the site. The site has natural constraints. Mr. Scheib presented a number of conditions that could be added to the request. The first is to clarify the land use issue in the Comp Plan. They believe that by the Comp Plan adopting the Smithtown Crossing Study the general intent is there. However, they would feel more comfortable if Land Use Map was amended to have the correct color on it. They view that as a technical modification. They believe the text and the intent in the Study is there. The second is the City and the property owner both have to agree upon a preferred access arrangement that provides adequate ingress and egress to the property. The access would be negotiated as part of the site plan approval process. The third, and final, condition is a detailed traffic study would be completed as part of the site plan approval process. They understand traffic is the number one issue that creates the challenge in understanding what the use is on the subject site. A C -1 zoning would give them the greatest flexibility to be able to deal with the challenges and be able to financially do a redevelopment project. He noted their client has a contract on the property that is subject to getting the property rezoned to C -1. If the rezoning request is not approved they go back to negotiations on the project or they are done with it. He stated they are requesting C -1 zoning to give them flexibility noting they recognize the issues that Director Nielsen has conveyed. Mr. Scheib asked the Planning Commission for its consideration. He offered to entertain any questions the Commissioners may have. CITY OF SHOREIWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 14 of 22 Chair Davis asked if market research has been done that shows there is a need for more office space. Mr. Scheib stated their client had engaged Maxfield Research and Consulting to do a market study. Study results indicate there is a need strong market for medical and office space in this area including the subject site. There is also a relatively strong demand for hotel space as well. The study referenced the demand in the City of Excelsior as an example for that. In the real estate world hotels are going crazy at this time. Commissioner Johnson asked Mr. Scheib to elaborate on the grander plans Mr. Benjamin has for the area. Mr. Scheib explained their client had been exploring the possibility of redevelopment on Badger Park land and the City Hall area and moving City Hall to the subject site. After that vision was presented to Council during a work session Council informed Mr. Benjamin that the City was not interested in that. The reason his client proceeded with this site through separate action is absent the grander vision the subject site still had good development potential. Seeing no one present to comment on the case, Chair Davis opened and closed the Public Testimony Portion of the Public Hearing at 8:16 P.M. Commissioner Johnson stated if vehicles were stacked up trying to leave the redeveloped site and if there were a police emergency he assumes the patrol officers would have to drive around the stacked vehicles to respond to the emergency. Commissioner Bean continued that. Commissioner Riedel stated from his vantage point that would be a terrible place to consider allowing for stacked up traffic. Commissioner Johnson stated not without significantly widening the roadway. Commissioner Maddy asked if anyone has spoken with representatives of the SLMPD (South Lake Minnetonka Police Department) or Public Works. Commissioner Bean asked what is immediately' west of the Public Works building noting that whatever it is would be in the City of Tonka Bay. Director Nielsen noted the chocolate shop. Chair Davis clarified north of the chocolate shop. Commissioner Maddy stated he thought it is a vacant lot. Nielsen stated Tonka Bay has a water tower there. Bean asked if anyone knows anything about the vacant pad. Nielsen stated it is part of the commercial property. Bean stated from his perspective the last thing that is needed is more access on to County Road 19. The intersection is the biggest committee approved cluster that we have ever encountered. It is a disaster and he thought adding traffic to it would only exacerbate the disaster. Bean then stated that even though the Public Works and the Public Safety facilities can be considered commercial uses he thought they generate substantially few trips than a commercial business would generate. Bean asked if an access could come in from the Tonka Bay shopping center on to the subject property. Mr. Scheib noted that the points raised by Commissioner Bean are items they have already discussed. From a traffic standpoint they understand that fire service vehicles depart the public safety site on an access point to the east of the facility. Director Nielsen clarified police vehicles primarily depart the site from the northerly driveway. Mr. Scheib stated they understand those things need to be resolved. When they get into site plan details their intent is to work collaboratively with representatives from public safety and Public Works to work on transportation improvements. They recognize the traffic challenges in the area. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 15 of 22 Commissioner Bean stated he hears Mr. Scheib to be indicating there could be a lot of infrastructure impact to make a redevelopment work properly. All of that infrastructure cost would likely not be borne by the developer. The developer may make a contribution but it would not be the millions of dollars it would take to redo the intersection and roadways. He noted Hennepin County needs to be brought into the loop because County Road 19 is a Hennepin County roadway. Mr. Scheib explained when a developer initiates a project the developer will make a concerted effort to make the project work financially. His team understands there are infrastructure issues that absent the development project would not be resolved. The project could be the catalyst to get deferred maintenance components done; therefore, there could potentially be cost sharing to get them done. There has not been any discussion about that yet. Initially, they have to assume the cost for infrastructure improvements would be borne by the developer. When they get into the site plan approval process if they think there should be a public cost share then that becomes part of a discussion with the Planning Commission and City Councils. It would be their objective to make the conditions better because that would bring the City on board. The Planning Commission would not have recommended a preference for a unified redevelopment of the Smithtown Crossing Redevelopment Area if there was not something that needed to be resolved. Leaving the subject site as a single - family residence would not generate any more traffic. But, it would also not achieve the redevelopment objectives the City is trying to achieve. Any redevelopment their client would do on the site would have additional impacts. They hope that can be collectively done through negotiations. Commissioner Bean asked Director Nielsen to refresh his memory about the Smithtown Crossing Redevelopment Study. He thought it primarily focused on the northwest quadrant of the Smithtown Road and County Road 19 intersection. Director Nielsen confirmed the focus was on that quadrant but the subject site is part of the Redevelopment Area. He explained the subject site is somewhat of an orphan piece of land. It is zoned single - family and nothing it is surrounded by is single- family. The Study intended to allow for some use of the site other than single- family. Bean then asked if there had been any discussion about R -C zoning and then going with a planned unit development (PUD). Nielsen noted the Study recommends PUD but that is primarily for the northwest and southwest quadrants of that intersection. Commissioner Maddy stated if a decision was made to allow rezoning the property to C -1 he asked if that would require an amendment to the Comp Plan. Nielsen stated he thought it would in light of the specific language in the Smithtown Crossing Study. Chair Davis stated the traffic that will be generated by the Minnetonka Country Club (MCC) development project will significantly increase the traffic volume at the west side of the intersection. Her experience trying to get on to County Road 19 from Caribou Coffee in the shopping center is extremely challenging. She questioned if the redevelopment of the site would be a way for the applicant to get a toehold after Council decided to terminate any further discussions about the applicant's grand vision. Commissioner Bean stated that would be his concern with rezoning the site to C -1. He then stated he does not think a hotel would work on that site. He commented that he thought the only hotel that would work in the area would have to be 6 — 8 stories high. Mr. Scheib clarified the hotel model that has been discussed would be three stories and noted that he cannot guarantee that is solidified. Bean stated it could be three stories if there was a big enough footprint. Mr. Scheib explained they tested the three -story CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 16 of 22 model and determined it would be costly. Bean stated during his travels when lie has seen three -story motels they tend to have big footprints. Footprints much larger than the site would allow for. Bean expressed his desire to go with Residential /Commercial zoning then use the PUD process to help ensure everyone knows what the exact outcome is going to be. He stated he thought that by rezoning the site to C -1 the City would give up too much control over what happens with the site. R -C zoning would be in the best interest of the City. Commissioner Maddy clarified there is no specific land use proposal. The applicant could propose a C-1 land use that would not generate a lot of traffic. Commissioner Bean expressed concern about allowing a high intensity use without the City having much control about a project if it complied with zoning regulations and was a permitted use in the C -1 district. He again expressed his desire for a more conservative zoning district with a development that uses the PUD process. That would give the City the most control over what happens. Commissioner Riedel concurred. Commissioner Riedel stated the applicant wants to have the property rezoned to C -1, General Commercial so they can have the most flexibility to explore various options with the fewest constraints. He thought that is the reason for moving forward with the rezoning request without having any solid plans. Mr. Scheib stated the City would have control over the magnitude of the site based on traffic implications and the agreement on the improvements through the site plan approval process. Director Nielsen clarified that if the proposed development satisfies the setback requirements, the drainage requirements and so forth, and unless it is a conditional use permit (C.U.P.) the City would be required to allow it if it was a permitted use. Mr. Scheib stated the plan review process requires a developer's agreement for public improvements related to access, traffic, transportation, infrastructure, sewer and water. Director Nielsen clarified the City does not always require a developer's agreement for a commercial site. Director Nielsen noted that in this case the issue of the easement would have to be resolved and he encouraged the current property owner to resolve it sooner versus later. Chair Davis asked the Commissioner's if they want to send this back for more discussion or vote on the rezoning request. Mr. Scheib asked if he could ask that this be tabled with direction to consider alternatives such as R -C, Residential /Commercial zoning and PUD rather than having the Planning Commission recommend denial of the rezoning request for C -1, General Commercial. Or, should they come back with a more detailed site plan that gets into the traffic implications and solutions to them. Chair Davis stated she would like to have more options presented. She did not find the concept plan to be very imaginative. Mr. Scheib stated their intent was to conceptually look at feasibility. The challenge is the developer spends a great deal of resources and money to prepare a detailed site plan only to have the City deny the CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 17 of 22 rezoning. They prepared some high level site plans and identified challenges. He reiterated they would prefer to discuss this more among themselves than have their request be recommended for denial. Director Nielsen noted a PUD would require a specific proposal. Mr. Scheib asked if the Shorewood PUD would allow flexibility with use. Director Nielsen explained the property could be rezoned to PUD but it would more typically be a C.U.P. for the current zoning. He thought there would have to be some type of rezoning whether it be the underlying zoning or the PUD. Mr. Scheib stated they need to learn more about that process and the risks associated with it before proceeding with it. An action to table this would give them the ability to do that. Commissioner Bean asked if there could be a way to incorporate access from the shopping center or in front of the Chocolate Shop. That would force the developer to use the existing access points into that corner rather than create another one. Chair Davis asked Director Nielsen what action needs to be taken to table this. Director Nielsen clarified it would need to be a motion to continue the public hearing. Commissioner Maddy asked if the 60 -day rule needs to betaken into account. Director Nielsen explained the applicant had submitted a request in writing to delay the process. Therefore, it was suspended until now. If the City receives another request from the applicant requesting additional time then that would cover the City. Maddy stated if the Planning Commission continues the Pubic Hearing to its August 2, 2016, meeting. The applicant could then decide to extend it for however long they need to. Maddy moved, Johnson seconded, continuing the Public Hearing for a request to rezone the property located at 24250 Smithtown Road from R -2A, Single and Two - Family Residential to C-1, General Commercial to the Planning Commission's August 2, 2016, meeting. Motion passed 510. Chair Davis continued the Public Hearing at 8:37 P.M. 7. PUBLIC HEARING — CONDITIONAL USE PERMIT AMENDMENT Applicant: Metropolitan Council Environmental Services Location: 21445 State Highway 7 Chair Davis opened the Public Hearing 8:37 P.M. P.M. She stated during this Public Hearing the Planning Commission is going to consider a conditional use permit (C.U.P.) amendment for Metropolitan Council Environmental Services (MCES). Director Nielsen explained that late 2015 the City approved a C.U.P. for MCES. MCES currently operates a sanitary sewer lift station at 21445 State Highway 7 (at the intersection of Christmas Lake Road and Third Avenue). MCES wants to replace its existing lift station facility on the property. Council adopted Resolution No. 15 -095 approving the C.U.P. subject to four conditions stipulated in the Resolution (a copy of the Resolution was included in the meeting packet). One of the conditions was MCES was to extend Excelsior watermain along Third Avenue to service the site. There is only a single bathroom in the facility on the site. Another condition was the City was going to provide MCES clear title to the property. The property had been acquired by the City several years ago. It appears that the paper work was either not tiled or improperly tiled. The property is reverting back to the State Land Department or to Hennepin County. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19,20t6 Page 18 of 22 The City is shown as the fee owner. MCES is going to go through a friendly condemnation process; the City does not object to MCES doing that. Because the City is not providing clear title that condition would be removed. He noted the meeting packet contains a copy of a revised resolution granting the C.U.P He reviewed the conditions listed in the amended resolution. A. MCES shall acquire the entire parcel through an eminent domain proceeding, deeding back to the City a conservation easement over the wetland portion of the property and drainage and utility easements as recommended by the City Engineer. B. Water service to the site may be extended to the new facility from Excelsior's water system to the east. C. The proposed service extension shall be bored underground so as to preserve the wooded area on the easterly portion of the property. D. MCES shall reconstruct the Christmas Lake storm water outlet that extends through the property. E. MCES shall restore the wetland area disturbed by its construction activities. Nielsen noted that staff recommends adopting the new resolution granting the C.U.P Seeing no one present to comment on the Case, Chair Davis opened and closed the Public Testimony portion of the Public Hearing at 8:43 P.M. Commissioner Bean asked if MCES has the authority to extend the Excelsior water service. Director Nielsen clarified it would have to get approval from Excelsior to do that and noted he thought Excelsior is willing to allow that. He explained Excelsior staff was a little nervous about extending its watermain because it may have been asked to service more area than the site. Bean then asked if the Greenwood Market is located in Greenwood. Nielsen confirmed that. Bean went on to ask if the water to that site comes from Excelsior. Chair Davis confirmed that. Bean assumes the water service does not concern Shorewood. Nielsen confirmed that. Bean asked if it would be better to eliminate conclusion B in the resolution. Nielsen noted it states it "...may be extended...". Maddy moved, Bean seconded, recommending adoption of the new resolution approving the conditional use permit for Metropolitan Council Environmental Services to replace an existing lift station in the southeast corner of the State Highway 7 / Christmas Lake Road intersection. Motion passed 510. Chair Davis closed the Public Hearing at 8:47 P.M. 8. PUBLIC HEARING — AMENDMENT TO THE CITY CODE CHAFER 1004 (RENTAL HOUSING CODE) REGARDING SHORT -TERM RENTAL Director Nielsen stated that because he had not provided any material to the Planning Commission for this item he asked that the Public Hearing be continued. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 19 of 22 He explained there have been a couple of instances in Shorewood where short-term rentals have created problems for nearby residents. The amendment is more complicated than what he initially thought. Staff is leaning toward amending the Rental Housing Code and the Zoning Code. Staff is going to suggest that anything less than a 30- day -long rental would be considered short-term rental and it would not be allowed. He clarified the amendment would not help with the current compliance case. Therefore, there is no reason to rush the amendment. It would be better to get the amendment right. The short-term rental issue is spreading across the country. The use of short-term rentals is tending to be party houses. He noted when this item is considered he will provide the Commission with a stack of information. Chair Davis opened the Public Hearing 8:50 P.M. Commissioner Maddy asked what Planning Commission meeting Director Nielsen wants to continue the Public Hearing to. Nielsen responded its September meeting. Maddy moved, Bean seconded, continuing the Public Hearing on an amendment to the City Code regarding short -term rental to the Planning Commission's September 2016 meeting. Commissioner Bean stated if a homeowner rents out their house periodically that is different than owning a rental property. Director Nielsen clarified the City Code does not require that it has to be rented for at least 30 days. With the short-term rentals people are making it a business. Director Nielsen explained the two short-term rental situations are basically being operated as a hotel. One is being advertised as a place for multiple unrelated people and as a place for business. Or as if they were renting a hall for an event. The City needs to clarify things. Chair Davis stated the problem properties are not owned by people who j List want to rent their homes, for example, during the Ryder Cup event. The properties Director Nielsen was referring to are ones where the house is empty. Commissioner Bean asked if the intent is to limit the activity in an R -C zoning district. Director Nielsen stated it would be a permitted use in a residential zoning district. He then stated the Ryder Cup is a very different thing. Chair Davis asked how many houses are short-term rental problems. Director Nielsen stated there are two that have been brought to the City's attention. Davis then asked if the City of Excelsior is having similar issues. Nielson stated he is not sure and noted that Excelsior may have a different perspective on short- term rentals. Director Nielsen clarified that the City's intent is not to interfere with rentals during the Ryder Cup event. Council Liaison Siakel made a suggestion that maybe rentals for one -time events like the Ryder Cup should be exempt. Chair Davis stated the problem property along Wild Rose Lane has a very large house on it. It is in an area with substantially smaller houses in it. Commissioner Riedel noted Airbnb is engaged in a legal battle with the City of San Francisco, California. He summarized what is going on there. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 20 of 22 Chair Davis continued the Public Hearing at 8:59 P.M. 9. CLARIFY RECOMMENDATION REGARDING ZONING REQUEST Applicant: Peter Lehman Location: 21265 and 21285 Radisson Road Director Nielsen explained that Peter Lehman had made a multifaceted request for the redevelopment of his property located at Merry Lane and Radisson Inn Road. At one point he had requested rezoning it to R -1C so that he could have smaller lots. He wanted variances because if he moved the lot line then the existing house would become somewhat nonconforming. He wanted to keep at least one of the cabins; it was unclear if he wanted to keep more of them. During its April 19, 2016, meeting the Planning Commission recommended approval of the subdivision of the lot line rearrangement and the variance subject to the current setback requirements. Mr. Lelnnan has requested a specific ruling on his request for rezoning from R -IA /S, Single- Family Residential Shoreland to R -IC /S, Single - Family Residential Shoreland.,Staff continues to recommend against that rezoning because that would clearly be spot zoning. Nielsen suggested the Planning Commission consider a motion recommending the City Council deny the rezoning from R -IA /S to R -1C /S. Chair Davis stated she recollected that during the April 19 meeting there was discussion about whether or not the cottages were being rented or lived in. She remembers them saying no one was living in them now but people had lived in them in the past. Commissioner Johnson stated Mr. Lehman's May 4, 2016, email to Director Nielsen states that Mr. Lehman and his wife, his children, and their extended family and friends use the cottages now but in the past they had been rented. Director Nielsen stated Mr. Lehman wants to keep at least one if not two of the cottages until he is ready to build something. Toward the end of the April 19 discussion Mr. Lehman was suggesting he keep the northerly cottage for historic preservation reasons. Nielsen noted that the recommendation made by the Planning Commission was all of cottages would be removed; two within 60 days and the other within one year. Mean moved, Maddy seconded, recommending the request from Peter Lehman to rezone his properties located at 21265 and 211285 Radisson Road from R -IA /S to R -1C /S be denied.. Motion passed 510. Commissioner Riedel asked what the motivation was to ask the Planning Commission to specifically make a recommendation on the rezoning request when the outcome was almost certain. Director Nielsen stated after the April 19 meeting Mr. Lehman could have gone before Council with the recommendation for two fairly buildable lots. One of the existing lots is perfectly buildable and the other is too small to build on. He assumes Mr. Lehman did not want to part with the cottages. He explained that Mr. Lehman asked that Council consideration of his requests be postponed. He later came back with issues about the minutes for the meeting. The Recording Secretary re- listened to the audio recording of the minutes and verified the accuracy of the portion of the minutes Mr. Lehman had issue with. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 21 of 22 Commissioner Riedel asked if Mr. Lehman wants to use tonight's action in a future argument. Director Nielsen responded he does not know. Commissioner Maddy asked if the Lehmans were looking for more clarification. Director Nielsen explained that one of the reasons Mr. Lehman asked for rezoning is because the setbacks in the R -1C /S zoning district are less than in the R -lA /S zoning district. Mr. Lehman was seeking a guarantee that he would have the smaller setbacks without there being any strings attached. Commissioner Johnson stated his recollection was Mr. Lehman was trying to maximize the marketability of the properties. Commissioner Maddy concurred. Commissioner Riedel stated staff's recommendation was to grant him variances so he could have two buildable lots and he thought that was generous considering the amount of nonconformity. 10. MATTERS FROM TIE FLOOR There were no matters from the floor presented this evening. 11. OLD BUSINESS / NEW BUSINESS Chair Davis stated when the HVAC company moved into the old bait shop she thought the intent was keep people from cutting through the lot. Director Nielsen stated the company representatives did not say that and noted that he recommended that. Drivers are cutting through there frequently. Nielsen stated he thought the American Legion objected to them closing it off. Davis stated she was almost t -boned by a kid driving a convertible recently. Nielson stated he thought it would be prudent to close that cut -thru; it is an accident waiting to happen. Davis asked for an update on the paving of the Smithtown Road east sidewalk extension. Director Nielsen stated he was not sure. Commissioner Bean asked if the City had any input about increasing the speed limit on Highway 7 to 55 miles per hour (mph) in those areas where it was less than that all the way to Hopkins. Council Liaison Siakel stated the City was basically told by the Minnesota Department of Transportation (MnDOT) that is what was going to happen. Chair Davis stated anyone who regularly drives that roadway on a Saturday morning knows that the only way to make the lights is to drive 55 mph. Bean questioned the reasoning for raising the speed limit near the schools. 12. DRAFT NEXT MEETING AGENDA Director Nielsen stated there is the continued public hearing from tonight regarding rezoning slated for the August 2, 2016, Planning Commission meeting. There are also two other items. Commissioner Riedel noted that he cannot attend the August 2 meeting. Commissioner Johnson stated his status for that meeting is not known at this time noting there is a good chance he could be out of town. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 19, 2016 Page 22 of 22 13. REPORTS Liaison to Council Council Liaison Siakel reported on the items considered and actions taken during Council's July 11, 2016, meetings (as detailed in the minutes of that meeting). She also reported on the July 14 Shorewood Economic Development Authority meeting and Council special meeting (as detailed in the minutes of those meetings). SLUG Director Nielsen stated he has been remiss in sending the Planning Commissioners notices of Sensible Land Use Coalition sessions. Other 14. ADJOURNMENT Davis moved, Bean seconded, adjourning the Planning Commission Meeting of July 19, 2016, at 9:15 P.M. Motion passed 510. RESPECTFULLY SUBMITTED Christine Freeman, Recorder