04-22-19 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, APRIL 22, 2019 7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Zerby___
Johnson___
Labadie___
Siakel___
Sundberg___
B. Review Agenda
Attachments
2. CONSENT AGENDA
– Motion to approve items on the Consent Agenda & Adopt
Resolutions Therein:
A. City Council Regular Meeting Minutes from April 8, 2019 Minutes
B. Approval of the Verified Claims List Claims List
C. 2019 Deer Management Program City Administrator Memo
3. MATTERS FROM THE FLOOR
(No Council Action will be taken)
4. PUBLIC HEARING
5. REPORTS AND PRESENTATIONS
A. Jan Callison, Hennepin County Commissioner
B. 2018 Audit Finance Director Memo
6. PARKS
A. Report by Commissioner Vassar on 04-09-19 Park Commission Meeting Minutes
7. PLANNING
A. Report by Commissioner Riedel on 04-02-19 Planning Commission Meeting Minutes
B. Bosworth P.U.D. Amendment to Allow Tattoo Services Planning Director Memo
Applicant: Jonathan Higgins Ordinance 564
Location: 6140 Lake Linden Drive Resolution 19-040
C. Special Home Occupation Permit (Woodworking) Planning Staff Memo
Applicant: Thomas Ramy Resolution 19-041
Location: 5825 Country Club Road
CITY COUNCIL REGULAR MEETING AGENDA – April 22, 2019
Page 2
D. C.U.P. for Public Recreation Buildings Planning Director Memo
Applicant: City of Shorewood Resolution 19-042
Location: 5745 Country Club Road (Badger Park)
E. Front Setback Variance Planning Director Memo
Applicant: Ayman Abdelsamie Resolution 19-043
Location: 5960 Grant Street
8. ENGINEERING/PUBLIC WORKS
A. Authorization to Prepare Plans & Specifications Public Works Director Memo
for 2019 Street Overlay Project, City Project 19-02 Resolution 19-044
9. GENERAL/NEW BUSINESS
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1.Monthly Budget Report Finance Director Memo
B. Mayor and City Council
11. ADJOURN
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 8, 2019
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Acting Mayor Siakel called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Acting Mayor Siakel; and Councilmembers
2A
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Keane; City Administrator Lerud; City Clerk'' Thone;
Planning Director Darling; Director of Public Works B
Fauske
Absent: Mayor Zerby and Councilmember Sandberg
B. Review Agenda
Acting Mayor Siakel noted that there were some, residents pr
Matters from the Floor regarding agenda item, 10.A.2. reg
suggested that this item be moved forward on the agenda at
Floor.
Labadie; City Attorney
ance Director Rigdon;
fn; ,and, City Engineer
that would like to speak during
1 the nuisance violation. She
sussed under Matters from the
Johnson moved, Labade seconded, approving the agenda as amended. Motion passed
3/0.
2. CONSENT AGENDA
Acting Mayor Siakel reviewed the items on the Consent Agenda.
Johnson moved, Labadie seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Regular Meeting Minutes of March 25, 2019
B. Approval of the Verified Claims List
C. Liquor License Renewals, RESOLUTION NO. 19 -037, "A Resolution
Approving 2019 Liquor License Renewals."
D. Approval of Multiple Dock Facility License — Shorewood Yacht Club
Motion passed 3/0.
3. MATTERS FROM THE FLOOR
2A
Kirk Honour, 5320 Lee Circle, noted that after having a discussion with Acting Mayor Siakel prior
to the meeting, it sounds like the City is taking action on the nuisance violation relating to the
outdoor furnace at 24800 Smithtown Road. He stated that the residents in the area agree with
the proposed action and are very supportive of the homeowners moving on to another source of
fuel for their home. He stated that they would also support a wood burning furnace that is EPA
compliant, but does not think the current City code would allow for that. He thanked the City for
taking on this issue and taking action.
Planning Director Darling gave an overview of past discussion regarding the wood burning stove
at 24800 Smithtown Road. She stated that the property owners had asked the Council for
additional time to meet the requirement and Council had approved that extension with the
condition that they submit a plan to resolve the issue. She stated that the furnace has been shut
down as of March 31, 2019. She noted that they can add one more piece to the stovepipe and
other than that will have to look for another option. She stated that they have been burning smaller
pieces of wood, which they believe had some benefit. She noted that they also added an air
intake system but that does not appear to have resolved the issue. She explained that she is
concerned that the additional smoke stack will not resolve the issue and then the situation will be
right back to where it is now next year.
Councilmember Labadie asked if the homeowners have been cooperative and receptive to
suggestions. Planning Director Darling stated that they have been cooperative and open to ideas.
Councilmember Johnson noted that his recollection of the
that they were also not too optimistic about the addition
difference. Planning Director Darling stated that the home
smoke stack above the trees. the air and wind will flust
explained that she is n
and more wet.
Acting Mayor Siakel n
was discussed and fo
thinks the City should
Councilmember John;
agreed and ' noted that
XiIX
ssion with the homeowners was
ie smoke stack making a large
r is: hoping that if he can get the
smoke out more quickly. She
;ion days when the air is heavier
d that she had driven in this area after the Council meeting where this
I that it is noticeable even when you are in a car. She stated that she
k them'to replace their equipment and update it to current practices.
stated that he agreed'. Councilmember Labadie stated that she also
y complaints have come from multiple neighbors over a period of time
and not just one neighbor.
Gordon Johnasson, 5990 Charleston Circle, expressed traffic concerns and asked what the City's
position is regarding the proposed development in Tonka Bay. Acting Mayor Siakel stated that
the City is watching what happens, but it is in Tonka Bay. She stated that there is not anything
for the City to comment on at this point in the development process.
City Administrator Lerud stated that the main concerns for the City's perspective are traffic and
stormwater concerns which Tonka Bay is aware of.
Councilmember Labadie explained to Mr. Johnasson that when the City receives concerns from
residents, staff has passed along those comments to Tonka Bay.
Mr. Johnasson stated that he does not like the density of the Tonka Bay project and is very
concerned about the long -range traffic impact it will have on the City. He stated that his other
issue is the intersection of Highway 7 and 41 off of Lake Linden Drive. He stated that this area is
2A
getting increasingly dangerous. He asked if there was any action being planned by the City to do
anything to that intersection and address the traffic concerns.
Acting Mayor Siakel stated that State Representative Morrison came to a recent Council meeting
and the issue of these types of issues were brought up to her. She stated that the Council had
also raised these concerns to Senator Osmek as well. She stated that they are asking for it to be
looked at from County Road 19 all the way down to 41.
Mr. Johnasson stated that one of the concerns with the traffic issues is that if it gets bad enough
it will also affect property values.
Councilmember Labadie encouraged Mr. Jonasson to reach out to the State level representatives
because hearing the concerns from residents and not just the Council will make an impact.
Mr. Johnasson stated that Lake Linden Drive is getting pretty bad and asked if there was a plan
to get it fixed up. Acting Mayor Siakel stated that there has been a lot of discussion this past year
regarding addressing concerns to many of the roadways in the City because many are reaching
their lifespan.
Public Works Director Brown stated that there was a project on Shady Island and Enchanted
Island planned for 2019 that may not move forward because some Native American burial
mounds had been found. He stated that the City is looking, at reallocating other funds to try to do
an extensive bituminous overlay project and Lake Linden Drive is one of the roadways that is
being considered. He stated that he has been with the City for twenty -four years and this year
has been the hardest on infrastructure that he has seen.
4. PUBLIC HEA
5. REPORTS AND "PRESENTATIONS -
6. PARKS-Non
7. PLANNING - None
8. ENGINEERIN
Joint Powers Agreement (JPA) with Chanhassen
City Engineer Fauske stated that this was briefly discussed at a past work session and gave a
brief overview. She stated that Shorewood resident, Joe Schneider, had asked to hook up to
Chanhassen water, service and the Council had approved the request in September. She
explained that at that time, Chanhassen took a step back and looked at the entire area since this
is the third City property that had requested hook up to their system. She stated that after much
discussion, staff felt a Joint Powers Agreement between Chanhassen and Shorewood would
make sense. She noted that it was drafted by Chanhassen, but City Attorney Keane has reviewed
the document.
Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 19 -038, "A Resolution
Approving a Joint Powers Agreement for Watermain Extension from Holly Lane
(Chanhassen) up to 21200 and 21220 Christmas Lane (Shorewood). Motion passed 3/0.
2A
B. Accept Quotes for Lift Station 13 Repairs
Public Works Director Brown stated that Life Station 13 is located on 5495 Radisson Entrance.
He stated that there are many parts to the lift station that are beyond repair and will need to be
replaced. He stated that staff is proposing that the control panel be rebuilt, but since it serves just
one home, he would like direction from the council to consider abandoning this lift station when
the property is redeveloped. Acting Mayor Siakel agreed that the city should look to a future time
when this lift station could be abandoned.
Labadie moved, Johnson seconded, Adopting RESOLUTION NO -19 -039, "A Resolution
Approving Expenditure of Funds for Lift Station 13, Located at 5495 Radisson Entrance."
Motion passed 3/0.
9. GENERAL /NEW BUSINESS - None
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Investments 1St Quarter 2019 Report
Finance Director Rigdon stated that this is an informational item and no action is necessary. He
gave an overview of the unaudited First Quarter 2019 Report,,
Acting Mayor Siakel expressed her appreciation to Finance Director Rigdon for doing a great job
and making things clear and understandable:
2. Ntfisance Violation at 24800 Smithtown Road - Verbal Report from
Planning Director Darling
Acting Mayor Siakel noted that this item had been moved up in the agenda and discussed under
Matters from the Floor. She noted that the property owner came in a little late and suggested that
Planning Director Darling give an update on what had been previously discussed.
Planning Director Darling, gave an overview of what the Council had discussed earlier in the
meeting,
James Quast, 24800 Smithtown Road, stated that he was thinking about putting on a different
cap that will diffuse the smoke in four different directions rather than just straight up. He gave an
overview of the things he has done to help decrease the smoke by using slab wood.
Acting Mayor Siakel stated that the Council knows how hard Mr. Quast has been working to
improve the situation but would like to know if he has considered updating to a different source of
heat. She stated that the City has received a number of additional complaints and concerns since
the last meeting where this was discussed. She stated that the Council felt that it may be time to
take the next step and ask Mr. Quast to work with Planning Director Darling and bring the outdoor
wood stove into compliance.
Mr. Quast stated that updating to a system that would produce less smoke will cost around
$10,000. He stated that he would like to be able to burn wood for one more year to allow him to
clean up the yard and burn all the wood he already has in place. He stated that after that, he
2A
would shut it down and never burn wood again. He stated that on his property he has more than
one winter's worth of wood in his yard ready to go for next year.
Acting Mayor Siakel stated that the Council had directed staff to contact Mr. Quast and continue
working towards a solution, including looking at changing to a modernized system for heating,
such as natural gas.
Ms. Quast reiterated that he would like to have one more year to burn wood before making the
change to a modern system. He stated that he does not want to put a lot of money into the system
only to be told by the City that he cannot burn for another year.
Acting Mayor Siakel stated that the Council is sensitive to his situation but wants to be respectful
to his neighbors as well. He stated that no decisions will be rude tonight and asked him to
continue working with Planning Director Darling to come up with a solution.
Other
Public Works Director Brown stated Public Works continues to sweep the streets and repair
potholes.
Councilmember Johnson stated that
Sweetwater Curve and a potential se
Public Works Director Brown stated th
to the Council.
City Engineer Fauske stated that
are continuing to look at the proje
the Council a full report when it is i
were only found on Enchanted I:
the "islands" were considered sac
)day on SeeClickFi #here was a concern posted about
Fr disconnect and asked if he was aware of that issue.
the will need to do additional research and will get back
blic Works Director alluded to earlier in the meeting, they
fined for Shady Island and Enchanted Island and will give
ated. Councilmember Labadie asked if the burial grounds
City Engineer Fauske stated that her recollection is that
Planning Director Darling stated that the City is continuing to work with the landscape architect
and moue "forward with Freeman Park and Badger Park.
City Administrator Lerud stated that the drop box out front was vandalized over the weekend and
communication has been sent to inform residents. Acting Mayor Siakel asked whether the light
post in that'area had been hit because it had been out for a while and she noted that there was
glass on the ground. City Administrator Lerud stated that he will check into this.
11. ADJOURN
ty Council - None
Labadie moved, Johnson seconded, Adjourning the City Council Regular Meeting of April
8, 2019, at 7:47 P.M. Motion passed 3/0.
ATTEST:
Scott Zerby, Mayor
Sandie Thone, City Clerk
#2 B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Verified Claims
Meeting Date: April 22, 2019
Prepared by: Michelle Nguyen, Senior Accountant
Greg Lerud, City Administrator
Joe Rigdon, Finance Director
Attachments: Claims lists
Policy Consideration:
Should the attached claims against the City of Shorewood be paid
Background:
Claims for council authorization.
65349 - 65376 & ACH 295,263.47
Total Claims $295,263.47
EFT 04/05/2019 4M Fund to Bank-Checking $500,000.00
We have also included a payroll summary for the payroll period e April 14, 2019.
Financial or Budget Considerations:
These expenditures are reasonable and necessary to provide servi
budgeted and available for these purposes.
Options:
The City Council is may accept the staff recommendation to pay t
expenditure it deems not in the best interest of the city.
Recommendation / Action Requested:
Staff recommends approval of the claims list as presented.
Next Steps and Timelines:
Checks will be distributed following approval.
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City of Shorewood Council Meeting Item
2C
Title/Subject: 2019 Deer Management Program
Meeting Date: April 22, 2019
MEETING
Prepared by: Greg Lerud
TYPE
REGULAR
Attachments:
2019 Deer survey
Policy Question:
Should the City continue its Deer Management program for 2019 and set
dates for hunt weekends?
Background:
At the December 10 meeting, the council received a summary of the 2018 hunt,
during which 41 deer were harvested. The Three River’s Park District aerial survey done in
March, 2019 counted 94 deer in Shorewood, compared with 114 counted in the prior year
survey. Staff has discussed this year’s program with representatives of the MBRB and possible
dates for this year’s removal efforts. MBRB proposes four weekend hunts (Fridays thru
Sundays – Friday hunts begin at 1:00 p.m.):
Sept. 20 – 22
Oct. 4 – 6
Oct. 18 – 20
Nov. 1 – 3
Optional/Back up: Nov. 15 – 17
Financial or Budget Considerations:
The MBRB provides its services free of charge. Staff
time and related mailing expenses are minimal.
Options: .
Approve the dates, change the dates, or cancel the removal effort
Recommendation / Action Requested:
Based on property owner requests for the
management service there remains interest in maintaining the program.
Next Steps and Timeline:
Representatives from MBRB and city staff will continue to look for
suitable hunting sites. Permission slips will be sent in August to previous participating property
owners and any new ones identified, and the hunter orientation will be September 19.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
#5B
MEETING TYPE
City of Shorewood Council Meeting Item
REGULAR
Title / Subject: 2018 Audit
Meeting Date: April 22, 2019
Prepared by: Joe Rigdon, Finance Director
Reviewed by: Greg Lerud, City Administrator
Policy Consideration: Should the City Council accept the 2018 Comprehensive Annual
Financial Report?
Background:
The 2018 financial statements audit was completed by Abdo, Eick & Meyers, LLP, and a
representative from the firm will be on hand to present information from the Comprehensive
Annual Financial Report and management communication letter.
Options:
The City Council can either accept the 2018 Comprehensive Annual Financial Report
date, or give staff other direction.
Recommendation / Action Requested:
Staff recommends that the City Council accept the
2018 Comprehensive Annual Financial Report.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
2018 FINAL Comprehensive Annual Financial Report:
https://tinyurl.com/ShorewoodPublic
Copies are available upon request.
CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDAY, APRIL 9, 2019
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Mangold convened the meeting at 7:06 p.m.
A. Roll Call
Present: Chair Mangold, Commissioners Vz
Director Darling
Absent: Commissioners Barr and Rock, Cc
B. Review Agenda
Vassar moved to approve the agenda as written. Hirner secon
3 -0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of March 1
Hirner moved to approve the minutes of the March 12; 201
seconded the motion. Motion carried 3 -0.
3. MATTERS FROM THE FLOOR
There were none.
4. NEW BUSINESS
6A
5755 COUNTRY CLUB RD
SHOREWOOD CITY HALL
7:00 P.M.
and Hirner; Planning
uncilmember Sundberg
the motion. Motion carried
meeting as written. Vassar
A. Select a Movie for Movie in the Park
Chair Mangold stated that he feels this is one of the most fun events the City holds. He stated
that he feels that it has been growing and seems to have more people involved. He asked for
opinions from the Commission on the movie selection.
Commissioner Hirner asked what the typical age group is for the kids at the event.
Chair Mangold stated that he would say it is usually more the elementary age and not as many
preschool aged kids.
Planning Director Darling stated that it is an all ages event but the largest attendance is when
the movie is geared toward a younger crowd.
Commissioners discussed movie choices.
PARK COMMISSION MINUTES
TUESDAY, APRIL 9, 2019
PAGE 2 OF 3
Vassar moved to recommend approval of the movie Mary Poppins Returns for the Movie
in the Park event. Hirner seconded the motion. Motion carried 3 -0.
B. Update on Music in the Park
Planning Director Darling noted that the same band is available for this year's Music in the Park
event. She noted that they seemed to be popular last year.
Chair Mangold stated that he likes the idea of having more events and asked staff to give the
Commission members as much information as possible, including feedback on how the events
went.
Commissioner Vassar noted that the information in the packet states no alcohol allowed and
asked what the Council decided on allowing alcohol for special events.
Planning Director Darling stated that they were willing to try it for a year only in Badger Park.
She stated that she does not think the one -year time table will begin until the construction is
completed and events are being scheduled at Badger Park.
Commissioner Vassar stated that she understands why the Council chose Badger Park
because it is more visible, however, most of the events are hosted at Freeman Park.
Planning Director Darling stated that the hope is to start hosting more events at Badger Park
when the construction is completed because there will be a new picnic shelter, restroom facility
and playground equipment.
5. OLD BUSIN
A. Update on Tennis Courts at Bad
Planning Director Darling noted that the stormwter improvements that were required at Badger
Park ended up having a larger price tag than expected. She stated that she would like to get a
full picture of the costs before the Commission launches into another project whether it is
rehabilitating the tennis courts or starting another project.
Commissioner Vassar asked how this was brought to the City's attention.
Planning Director Darling explained that the City applied for the permits for the playground
portion of the project through Minnehaha Creek Watershed District (MCWD) and they informed
the City that it was over the threshold of 40% of the site being disturbed. Consequently, the
entire site needs to meet infiltration requirements. She stated that before the latest round of
projects at the Park the City was under that threshold so nothing needed to be done.
Chair Mangold stated that he knows the City had a master concept plan that the City took to
MCWD during the planning phases and wonders where the disconnect came so this wasn't on
anyone's radar that it would need to be done. He stated that he wants to make sure that this
improvement covers everything that is already planned for Badger Park, including the
playground, trail system and tennis court improvements.
PARK COMMISSION MINUTES
TUESDAY, APRIL 9, 2019
PAGE 3 OF 3
Commissioner Vassar asked for clarification of what pond this is referring to.
Planning Director Darling noted that it is the pond that was dredged last year.
Commissioner Vassar asked why the pond was dredged without coming before the Park
Commission.
Planning Director Darling noted that while it is in the Park, it was just part of the regular
maintenance that needed to be done on the pond and that portion of the project was paid for by
the stormwater fund.
Commissioner Vassar asked what the Minnehaha Creek Watershed-District says needs to be
done to the pond.
Planning Director Darling stated that there will need to be a sedimentation trench around the
pond to encourage more water to soak into the ground.
Commissioner Hirner asked if there would be long -tetra maintenance needed on the trench.
Planning Director Darling stated that similar to the rain garden by the lacrosse field, it would
need to be maintained. She noted that she believed the maintenance can be taken care of with
the stormwater funds. She explained that the project cannot move forward without the
improvements, but still thinks it should still move forward this year;,as planned.
Commissioner Vassar expressed concern abou
announced that the playground will be in this su
Planning Director Darling noted that she expect
2019, so she will update the Parks Commission
Commissioner Hirner asked
Council will not approve the
Planning Director Darling st
6. STAFF AND LIAISC
A. City Council
There was no report.
B. Staff
r
en the City has already
have bids in front of the Council on May 13,
ieir meeting the following night.
:hat the bids will come back too high and the
May 13, 2019.
d that it is always a possibility.
REPORTS / UPDATES
Planning Director Darling gave a brief overview of the April 8, 2019 Council meeting. She also
gave a brief update on the most recent Planning Commission meeting.
7. ADJOURN
Hirner moved to adjourn the Park Commission Meeting of April 9, 2019 at 7:35 p.m.
Vassar seconded the motion. Motion carried 3 -0.
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, APRIL 2, 2019 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:03 P.M.
ROLL CALL
Present: Chair Maddy; Commissioners Davis, Gorham and Riedel; Planning Director
Darling; and, Council Liaison Labadie
Absent: Commissioner Eggenberger
1. APPROVAL OF AGENDA
Riedel moved, Gorham seconded, approving the agenda for April 2, 2019, as presented.
Motion passed 4/0.
2. APPROVAL OF MINUTES
March 5, 2019
Gault moved, Riedel seconded, approving the Planning Commission Meeting Minutes of
March 5, 2019, as presented. Motion passed 4/0.
3. PUBLIC HEARINGS
Chair Maddy explained the Planning Commission is comprised 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.
A. PUBLIC HEARING – P.U.D. AMENDMENT TO ALLOW TATTOO SERVICES
Applicant: Jonathan Higgins
Location: 6140 Lake Linden Drive (HealthSense Campus)
Planning Director Darling explained that the applicant has requested a PUD amendment to allow
a body art establishment in the Bosworth PUD. The subject property is located at 6140 Lake
Linden Drive. She noted that this PUD is based on R-C zoning which does not allow body art
establishments. The applicant would like to occupy 300 square feet of tenant space in the lower
level of the building. Staff has reviewed the request and finds it consistent with the Comprehensive
Plan and other uses in the area and recommends approval subject to the conditions noted in the
staff report.
Commissioner Riedel asked about regulations for commercial zoning and asked why this was not
allowed since the commercial code was changed to allow this type of establishment.
Planning Director Darling stated that if this PUD was based on the C-1 zoning it would, but
because it is based on R-C zoning it does not allow this use without an amendment.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
APRIL 2, 2019
Page 2 of 4
Chair Maddy asked if the C-1 zoning was amended to allow body piercing as well.
Planning Director Darling stated that it was not amended to allow body piercing.
Kelly Bosworth, 6140 Lake Linden Drive, stated that he owned the HealthSense campus. He
stated that because this is under PUD it allows for some opportunity to go a different direction
than R-C zoning. He noted that they are not asking that all R-C properties allow body art
establishments.
Chair Maddy opened the Public Hearing at 7:15 P.M. being there were no comments, he closed
the Public Hearing at 7:15 P.M.
Riedel moved, Gault seconded, recommending approval of the request by Jonathan
Higgins for an amendment to the Bosworth PUD to allow body art establishment as an
allowed use, subject to conditions that applicant must acquire all necessary building
permits and must provide a copy of his Minnesota license to operate a body art
establishment. Motion passed 4/0.
B. PUBLIC HEARING – SPECIAL HOME OCCUPATION PERMIT
(WOODWORKING)
Applicant: Thomas Ramy
Location: 5825 Country Club Road
Planning Director Darling explained that the applicant proposes to conduct a woodworking
business in his attached garage which requires a special home occupation permit. She noted that
the applicant has typical tools and has already been using them as a hobbyist for the last two
years and there have been no complaints against the property. Staff recommends approval
subject to the conditions listed in the staff report.
Commissioner Riedel asked if there were any specific criteria for this type of CUP.
Planning Director Darling gave a brief overview of the criteria for this type of CUP.
Commissioner Gault asked if there were any additional fire protection elements associated with
converting a garage into this kind of work space.
Planning Director Darling stated that with the limited nature of what the applicant is proposing,
there would not be.
Chair Maddy confirmed that the reason the permit is needed is because he would like to do the
work in his garage rather than his basement and the garage is considered an accessory structure.
He noted that the City had received one letter in support of allowing the special home occupation
permit.
Chair Maddy opened the Public Hearing at 7:21 P.M. There being no comment, he closed the
Public Hearing at 7:21 P.M.
Commissioner Gorham asked if the applicant had a dust collection system in place.
Thomas Ramy, 5825 Country Club Road, stated that he does have a dust collection system.
Chair Maddy asked about the noise of the dust collection system.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
APRIL 2, 2019
Page 3 of 4
Mr. Ramy stated that the noisiest equipment he has is an air compressor which cannot be heard
when the garage door is closed.
Riedel moved, Gorham seconded, recommending approval of the request by Thomas
Ramy, 5825 Country Club Road, for a Special Home Occupation Permit CUP, subject to the
permit only being valid for one year with an update to be reviewed by the City, subsequent
permits would be required every three years; no exterior storage of materials or equipment
be allowed; no signage is allowed. Motion passed 4/0.
C. PUBLIC HEARING – C.U.P. FOR TWO NEW PARK BUILDINGS IN BADGER
PARK
Applicant: City of Shorewood
Location: 5745 Country Club Road (Badger Park)
Planning Director Darling explained that the City would like to construct a picnic shelter and
restroom in Badger Park. She reviewed the site plan that includes new playground equipment
and new walking trails. She gave an overview of both the specific and general criteria for a CUP.
Staff recommends approval.
Commissioner Gault asked if this restroom facility would be the only one in the park.
Planning Director Darling stated that currently there is one port-a-potty, so it would increase the
facilities. She noted that the restrooms at the community center are open to the public and
explained that sometimes people come up to City Hall and use the facilities. She stated that they
are recommending two unisex bathrooms rather than a separate male and female based on the
usage of the park by single-sex organized athletic teams.
Commissioner Gorham asked what material would be around the picnic tables.
Planning Director Darling stated that it will be all grass. She reviewed the areas that will be grass
and noted that the playground surface will be poured in place rubber.
Chair Maddy confirmed with Planning Director Darling that the lighting would meet code and
would be full cut off lighting and no lighting would be hitting the properties to the south.
Chair Maddy opened the Public Hearing at 7:32 P.M. noting the procedures used in a Public
Hearing. There being no comment, Chair Maddy closed the Public Hearing at 7:32 P.M.
Riedel moved, Gault seconded, recommending approval of the request by the City for a
CUP for public recreation buildings at Badger Park, subject to there being no direct lighting
hitting adjacent properties. Motion passed 4/0.
4. OTHER BUSINESS
A. FRONT SETBACK VARIANCE
Applicants: Ayman Abdelsamie
Location: 5960 Grant Street
Planning Director Darling explained that the applicant is requesting a front setback variance. She
stated that because the north side of the home is currently constructed at 17 feet from the front
property line a variance would be needed for any improvements on that side of the home. She
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
APRIL 2, 2019
Page 4 of 4
reviewed the items the applicant would like to construct. Staff finds the variance proposal meets
the criteria and recommends approval of the variance.
Commissioner Riedel confirmed with Planning Director Darling that in this situation there is slightly
more building, but it ends up with the same setback that was previously in place.
The Commission discussed the front lot lines and expressed confusion about the plans that
showed the location of the new bathroom and front door.
Ayman Abdelsamie, 5960 Grant Street, explained to the Commission the actual location of the
new front door and the new bathroom. He stated that he is also planning to install a sidewalk that
leads to the garage. He stated that his goal is to make it a livable house for his family and thinks
his plans will clean it up and make it look nicer for the neighborhood.
Gault moved, Riedel seconded, recommending approval of the request from Ayman
Abdelsamie at 5960 Grant Street for a Variance to the Front Setback, subject to the
conditions outlined in the staff report. Motion passed 4/0.
Planning Director Darling stated that all items will be on the Council agenda on April 22, 2019.
5. MATTERS FROM THE FLOOR- NONE
6. REPORTS
• Liaison to Council
Council Liaison Labadie noted that she was out of town and did not attend the last Council
meeting. She asked Planning Director Darling to give a brief overview of what happened at the
meeting.
Planning Director Darling gave a brief overview of the March 25, 2019 Council meeting.
Ayman Abdelsamie asked if he could make a comment. He stated that he was originally Egyptian
and has lived here for 19 years. He stated that he never done anything like this and stated that
he just wanted to say “God bless America.” He stated that the process was very organized and
professional. He explained the difficulties snowplows have in turning around. He stated that with
the new development proposed, he would support a round turnaround even if it takes a bit of his
front yard to give them more room to construct it.
• Draft Next Meeting Agenda
Planning Director Darling stated that on the next agenda there will be discussion of a minor
subdivision near Mr. Abdelsamie, so the Commission could look at the turn around issue he
mentioned during that discussion. She stated that there may be a review of a development
proposed on the west side of Club Lane as well as an appeal of a compliance order for a nuisance
violation.
7. ADJOURNMENT
Riedel moved, Gorham seconded, adjourning the Planning Commission Meeting of April
2, 2019, at 8:00 P.M. Motion passed 4/0.
I M
M City of Shorewood Council Meeting Item
Title / Subject: Bosworth PUD Amendment — Body Art Establishments
Location 6140 Lake Linden Drive
Applicant: Jonathan Higgins
Meeting Date: April 22, 2019
Prepared by: Marie Darling, Planning Director
Review Deadline: June 21, 2019
Attachments: Planning Memorandum for April 2, 2019 meeting
Proposed Ordinance
Resolution
#7B
MEETING TYPE
Regular Meeting
Background: See attached memorandum for background. At their April 2, 2019 meeting, the Planning
Commission held a public hearing and voted unanimously to recommend approval of the PUD
amendment to allow a body art establishment (licensed) as an allowable use. No one from the public
requested to speak. The Planning Commission discussed whether or not to limit the size of the body art
establishment, but ultimately decided not to limit the size. Although the Planning Commission elected
not to include a size limitation, staff added a condition that the number of establishments be limited to
one in the building.
Notice of the Planning Commission public hearing was published in the official newspaper and mailed to
all residents within 750 feet of the property. In conformance with State Statute, notice of City Council
consideration of the amendment was also posted at City Hall and included in the email notification for
general city information and notices. The proposed ordinance was posted on the city's website.
Financial or Budget Considerations: The application fees are adequate to review the request.
Recommendation / Action Requested: Staff and the Planning Commission recommend approval.
A simple majority vote is required for action on a PUD amendment.
Next Steps and Timelines: Once adopted, the ordinance will be published in the official newspaper and
will be official upon publication. The applicant may request building permits upon approval.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
S: �Plaaning�Planning Files �Applications�2019 Cases�Higgins Amend PUD Bos —h�CAF memo.d-
MEMORANDUM
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900
Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityha11 @ci.shorewood.mn.us
TO: Planning Commission
FROM: Marie Darling, Planning Director
MEETING DATE: April 2, 2019
APPLICANT: Jonathan Higgins
REQUEST: Bosworth PUD amendment: tattooing (body art establishment) as an allowed
use
LOCATION: 6140 Lake Linden Drive
ZONING: PUD (Planned Unit Development)
LAND USE CLASSIFICATION: C (Commercial)
REVIEW DEADLINE: June 21, 2019
FILE NUMBER: 19.06
`if,
REQUEST
The applicant requests a PUD amendment to allow a
pp re q
body art establishment in the Boswoth PUD. He plans to open a new business at 6140 Lake Linden Drive.
Last year, the applicant had proposed a text amendment to the zoning ordinance to allow him to open a
shop in the shopping center across the street, but was not able to secure a lease.
Staff found that the Bosworth PUD is based on the R -C zoning district, which does not allow body art
establishments and the PUD specifically excluded tattooing (attached). To occupying a tenant space, the
PUD must be amended.
Notice of this application was published in both of the official city newspapers and mailed to all residents
within 750 feet of the subject property at least 10 days prior to the public hearing.
Page 2
Context: The Bosworth PUD was approved in 2004 and included the uses allowed in the R -C zoning
district with the following exceptions. The PUD:
• Excluded nurseries and garden supply businesses
• Allowed daycare centers with more than 10 children by CUP
• Allowed day spas up to 5,000 square feet in area, except that tattoo and body piercing services
were excluded
In 2018, the City of Shorewood amended the zoning regulations to allow body art establishments as a use
in the C -1 zoning district.
ANALYSIS
The applicant has indicated that he would like to rent an approximately 300 - square foot tenant space in the
lower level of the building near a salon.
To review the application, staff used the following criteria:
• Consideration of the specific policies and provisions of the Comprehensive Plan
• Compatibility with present and future land uses in the area
• Likelihood to depreciate the area
• Accommodation of the existing public services or service capacity
Comprehensive Plan: The applicant's plan is to operate a commercial business in an area that is guided for
commercial uses. As body art establishments are an allowed use elsewhere, staff finds the proposal would
be compatible with the land use classification.
Compatibility /Depreciate the Area: As the adjacent C -1 commercial zoning district allows body art
establishments, allowing the applicant's use in this PUD would not be out of character with the surrounding
area nor tend to depreciate the area.
Public Services: The applicant's use would have no impact to either the quality or quantity of public
services.
Licensing: The State of Minnesota requires all body art technicians and establishments to be licensed.
Staff recommend a condition that requires the applicant to submit a copy of his license prior to opening the
business.
RECOMMENDATION:
Staff recommends approval of the request, subject to the following conditions:
1. The applicant must acquire all necessary building permits to convert the space for his use.
2. The applicant must provide a copy of his Minnesota license to operate a body art establishment.
ATTACHMENTS
Location map
Applicant's narrative and plans
2004 Bosworth PUD ordinance and excerpt from the development agreement
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Minnetonka Country Club P.U.D.
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State
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Chanhassen /Carver Co. border
Information regarding planned use of space for Historic Tattoo LLC, within PUD
located at 6140 Lake Linden Drive Shorewood MN 55331.
The space (currently suite 111, but per lease agreement, landlord will retain right to
relocate tenant within premises if needed), will be used solely for the purpose of
providing licensed body art modification (TATTOOING ONLY) in compliance with
and regulated by the Minnesota Department of Health. This is the only service that
will ever be provided.
The space is already finished, and will require only cosmetic
alterations /decorations.
Initially, the business will have only one resident tattoo artist. The current space
limits possible growth to a maximum of no more than 4 artists, each serving one
client maximum at any given time. The likely operating capacity will be 1 -3 artists
in the first 3 years.
Besides the possible 1 -3 clients at any given time, it is reasonable to estimate less
than 1 visitor per hour, or no more than 10 visitors in a 12 hour day (this would be a
maximum estimate). A greater likelihood would be 0 -5 visitors per day,
CITY OF SHOREWOOD
ORDINANCE NO. 404
AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2.
OF THE SHOREWOOD ZONING CODE — THE SHOREWOOD ZONING MAP
Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby
amended to include the property described as:
Parcel 1. The South 130 feet of the North 295 feet of Lots 16 and 18 as
measured at right angles to the North line of said Lot 18, Linden Park,
Hennepin County, Minnesota, according to the plat thereof
Parcel 2. The North 165 feet of Lot 18, Linden Park, Hennepin County,
Minnesota, according to the recorded plat thereof.
in the P.U.D., Planned Unit Development zoning district.
Section 2. This rezoning is subject to the conditions of the Development
Agreement between the property owner, its successors and assigns, and the City of
Shorewood, dated 23 November 2005, attached hereto and made a part hereof.
Section 3. Failure of the property owner, its successors and assigns to comply
with the Development Agreement referenced in Section 2. shall result in the zoning of the
property reverting back to R -C, Residential/Commercial.
Section 4. That the Zoning Administrator is hereby authorized to revise the
Zoning Map of the City of Shorewood to include the property in the P.U.D., Planned Unit
Development zoning district.
Section 5. That this Ordinance shall be in frill force and effect upon publishing in
the Official Newspapers of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th
day of May 2004.
WOODY LOVE, MAYOR
ATTEST:
CRAIG,rDAWSON, CITY ADMINISTRATOR/CLERK
CITY OF SHORE' WOOD
PLANNED UNIT DEVELOPMENT AGREEMENT
DR. KELLY BOSWORTH
THIS AGREEMENT, made this;' day of X005, by and between the
CITY OF SHOREWOOD, a Minnesota municipal corpor Lion (hereinafter the "City "), and
BOSCO, Inc., (hereinafter the "Developer ").
WHEREAS, the Developer has an interest in certain lands located at 6120 and 6140
Lake Linden Drive, legally described in Exhibit A, attached hereto and made a part hereof
(hereinafter the "Subject Property "); and
WHEREAS, the Developer proposes to redevelop the Subject Property with a renovated
and expanded office building at 6140 Lake Linden Drive and future construction of a new office
building at 6120 Lake Linden Drive (collectively the "Project "); and
WHEREAS, the Developer has made application for a rezoning of the Subject Property
from R -C, Residential Commercial to P.U.D., Planned Unit Development District (the
"Application ") with the Zoning Administrator and submitted plans for the redevelopment of the
Subject Property, the Concept Plan for which was considered by the Shorewood Planning
Commission at its meetings of 6 January, and 9 March 2004, and at a meeting of the City
Council on 23 March 2004, the minutes of which meetings are on file in the Shorewood City
Offices; and
WHEREAS, the Developer submitted Development Stage Plans that were considered by
the Planning Commission at its meeting of 6 April 2004, and by the City Council at its 12 April
2004, the minutes of which meetings are on file in the Shorewood City Offices; and
WHEREAS, upon recommendation of the Planning Commission, the City Council did
consider and grant approval of the Application as set forth in the minutes of the Planning
Commission meeting, dated 6 April 2004; an excerpt of which is attached hereto as Exhibit B
and made a part hereof; and
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
CONDITIONS OF APPROVAL
1. Land Use. The Developer and his successors and assigns shall comply with the
conditions of approval as adopted by the City Council and set forth in the Planning
Commission's recommendation, attached hereto as Exhibit B,. In addition, development of the
Project is subject to the zoning requirements of the R -C, Residential/Commercial District, as
maybe amended and as modified below:
a. Nurseries and nurseries with garden supply centers are excluded as uses for the
Subject Property.
b. Daycare centers serving more than ten (10) persons are allowed by conditional use
permit, provided that:
(1) The center shall be licensed by the State of Minnesota. No certificate of
occupancy shall be issued for a daycare center until proof of approved
applicable State licenses has been provided to the Zoning Administrator.
(2) The center shall have an outdoor activity area complying with the following:
(a) The activity area shall be at least 1500 square feet in area, and at least 75
square feet of area per child within the area at any given time during use.
(b) The activity area shall be located within the buildable area of the lot.
(c) The activity area shall be screened and landscaped to buffer neighboring
residential uses.
(d) The activity area shall be enclosed to prevent children from leaving the
premises unattended.
(3) Off - street parking must be provided in compliance with Section 1201.03
Subd. 5. of the Shorewood Zoning Code. The number of parking spaces
required for a daycare center shall be one (1) space for each four (4) persons
of licensed capacity.
(4) Adequate short -term parking or drop -off area shall be provided within close
proximity to the main entrance of the building. The short-term parking or
drop -off area shall accommodate three (3) car spaces and shall be designated
as temporary in nature. The short -term parking or drop -off area shall not
conflict with off-street parking access or pedestrian movement.
(5) When a daycare center is an accessory use within a structure containing
another principal use, each use shall be calculated separately for determining
the total off-street parking spaces required.
(6) Daycare centers are limited to 4500 square feet in gross floor area.
(7) The structure in which the daycare center shall comply with all applicable
building and fire codes.
(8) The provisions of Section 1201.04 Subdivision l.(d)(1) of the Shorewood
Zoning Code must be considered and satisfactorily met.
G. Day spas providing an array of health and wellness programs and treatments for
individuals, are allowed by conditional use permit, provided that:
(1) Day spas, whether as principal or accessory uses shall not exceed 5000 square
feet in area.
2.
(2) Services provided may include various types of therapeutic massage and body
work, facials and other skin -care services, reflexology, pedicures, manicures,
hydrotherapy, exfoliation, aromatherapy, acupuncture, waxing, tanning,
electric toning, electrolysis, steam and sauna facilities, nutrition and weight
management, and the like, but not including bod piercing or tattooing.
(3) Cosmetology services such as hair cutting, coloring and styling shall be
incidental to the services listed in (2) above and shall be limited to four (4)
chairs or stations. Similarly, nail services shall be limited to four (4) chairs or
stations. Tanning facilities shall be limited to two (2) tanning beds or stations.
(4) Off-street parking must be provided in compliance with Section 1201.03
Subd. 5. of the Shorewood Zoning Code. The number of parking spaces
required for a day spa shall be one (1) space for each 200 square feet of net
floor area (gross floor area minus 10 percent). Area devoted to cosmetology
services listed in (3) above shall be calculated based on two (2) parking spaces
for each chair or station.
(5) Heating, ventilating and air conditioning equipment must be designed to
prevent chemical odors from reaching nearby residential properties.
(6) The provisions of Section 1201.04 Subdivision L(d)(1) of the Shorewood
Zoning Code must be considered and satisfactorily met.
2. Site Plan/Building Setbacks. The Project shall be developed in accordance with the
approved site plan as shown on Exhibit C, attached hereto and made a part hereof. The Subject
Property shall be accessed by a single driveway from Lake Linden Drive. The site plan for the
future office building at 6140 shall be subject to review by the Planning Commission and
approval of the City Council. Building setbacks shall be as follows:
a. Front: 35 feet
b. },tear: 40 feet
C. Side: 15 feet
d. Setback from " W District boundary: 40 feet
3. Building Hecht /Construction. Principal structures shall not exceed two and one-
half (2' /z) stories or 35 feet, whichever is least. Construction of the office building at 6140 Lake
Linden Drive shall be in accordance with the approved design as shown on Exhibit D.
Construction of the future office building at 6120 Lake Linden Drive shall be consistent with the
character and quality of the design shown on Exhibit D. The base of the future building shall be
constructed of brick or stone and shall be landscaped to minimize the visual height of the
building. Plans for construction of the future office building shall be subject to review by the
Planning Commission and approval of the City Council.
3.
ORDINANCE 564
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE APPROVING AN AMENDMENT TO THE BOSWORTH PUD
Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code the "Zoning Map of
Shorewood" was previously amended to include the property legally described as:
The South 130 feet of the North 295 feet of Lots 16 and 18 as measured at right angles
to the North line of said Lot 18, Linden Park, Hennepin County, Minnesota, according
to the plat thereof; and
and addressed as 6140 Lake Linden Drive in the PUD (Planned Unit Development)
zoning district.
Section 2. Jonathan Higgins has requested an amendment to the Bosworth PUD to allow
a body art establishment (licensed) as defined by Section 1201.02 of the City Code.
Section 3. The Bosworth PUD amendment shall be subject to the conditions in
Resolution 19-
Section 4. This Ordinance shall be in full force and effect upon publishing in the Official
Newspapers of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 22nd day of April, 2019.
SCOTT ZERBY, MAYOR
ATTEST:
SANDIE THONE, CITY CLERK
RESOLUTION 19-
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING AN AMENDMENT TO THE BOSWORTH P.U.D. FOR
6140 LAKE LINDEN DRIVE
WHEREAS, Jonathan Higgins (Applicant) has requested an amendment to the
Bosworth PUD to allow one body art establishment (licensed) (as defined by Section
1201.02 of City Code) in the PUD and on the premises legally described as:
The South 130 feet of the North 295 feet of Lots 16 and 18 as measured at right angles
to the North line of said Lot 18, Linden Park, Hennepin County, Minnesota, according
to the plat thereof; and
WHEREAS, the Applicant's request dated February 21, 2019 was reviewed by the
Planning Director, whose memo was forwarded to the Planning Commission for their
meeting on April 2, 2019; and
WHEREAS, the application was considered by the Planning Commission at a public
hearing held on April 2, 2019, the minutes of which meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on April
22, 2019, at which time the Planning Director's memorandum and the Planning
Commission's recommendations were reviewed and comments were heard by the
Council, from the Applicant, the public and City staff.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
The Applicant's request for an Amendment to the Bosworth PUD is hereby
approved according to the plans submitted February 21, 2019, subject to the
following conditions:
a. No construction or demolition may occur without the applicable building
permits.
b. The applicant shall furnish a copy of his Minnesota license to operate a body
art establishment and for each practitioner in the establishment.
c. The applicant shall maintain his establishment in compliance with any
Hennepin County regulations concerning body art establishments.
d. Only one body art establishment shall be permitted on the premises at a time.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 22nd day of April, 2019.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk
#7C
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Special Home Occupation Permit
– Woodworking
Location: 5825 Country Club Road
Applicant: Thomas Ramy
Meeting Date: April 22, 2019
Prepared by: Marie Darling, Planning Director
Review Deadline: June 26, 2019
Attachments: Planning Memorandum
Resolution
Background:
See attached planning memorandum for detailed background on this request.
At the April 2, 2019 meeting, the Planning Commission found the application consistent with
the conditions listed in the regulations for home occupations and unanimously recommended
approval of the special home occupation permit, subject to the conditions in the attached
resolution. The applicant was present and spoke in favor of the application. No one from the
public requested to speak.
Financial or Budget Considerations:
The application fees are adequate to cover the cost of
processing the request.
Recommendation / Action Requested:
Staff and the Planning Commission recommend
approval of the request, subject to the conditions in the attached resolution.
Any action on this request would require a simple majority.
Next Steps and Timelines:
If the item is approved, the applicant would be able to continue
doing woodworking in his garage as a business consistent with the conditions in the attached
resolution.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership.
S:\Planning\Planning Files\Applications\2019 Cases\Ramy Home Occupation Permit\CAF Memo.docx
*in
MEMORANDUM
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900
Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityha11gci.shorewood.mn.us
TO: Planning Commission, Mayor and City Council
FROM: Patti Helgesen
MEETING DATE: April 2, 2019
APPLICANT: Thomas Ramy
REQUEST: Special Home Occupation Permit (C.U.P.)
LOCATION: 5825 Country Club Road
REVIEW DEADLINE: June 26, 2019
LAND USE CLASSIFICATION: Low Density Residential
ZONING: R -1 C
FILE NUMBER: 19.07
REQUEST
The applicant proposes to conduct a
woodworking business in his attached
garage on the subject property which
requires approval of a special home
occupation permit.
Notice of this application was published in
the City's official newspaper and mailed to
all property owners within 500 feet of the
property at least 10 days prior to the
meeting.
Ramy - Special Home Occupation Permit
April 2, 2019
Page 2
BACKGROUND
Context: The applicant owns the property at 5825 Country Club Road. The property is located in the
R -1C, Single - Family Residential zoning district and contains 21,569 square feet of area. The property
is on the corner of Country Club Road and Echo Road, across the street from the Minnetonka Country
Club PUD.
Mr. Rainy has applied for a special home occupation permit pursuant to the requirements of the
Shorewood Zoning Code to make wood - crafted items such as fireplace mantels, wine racks, and other
d6cor in his attached garage. A special home occupation requires approval of a conditional use permit
(CUP).
Section 1201.03 Subd. 12.d.(3)(b) of the Zoning Code provides that special home occupations may be
conducted within an accessory building. As noted in the applicant's request letter, Mr. Ramy's
woodworking craft started as a hobby and has evolved into a business and primary source of income.
The use of the garage for his occupation is the main reason that it requires a special home occupation
permit, versus a limited home occupation permit.
ANALYSIS
The applicant has addressed the general requirements of the Code in his request letter. As he points out,
the equipment used in his woodworking shop is in line with what a typical hobbyist woodworker uses,
and the activity will be conducted within his closed garage. It is worth mentioning that Mr. Rainy had
already been using the garage for his woodwork for over two years, when it began as a hobby. We have
no record of complaints regarding the applicant's activity.
RECOMMENDATION
Based upon Mr. Ramy's letter and the provisions of Section 1201.03 Subd. 12, the request complies with
the requirements for a special home occupation permit. It is therefore recommended that the special
home occupation permit be granted subject to the following conditions:
1. The initial permit is valid for one year, at which time it will be reviewed by the City. Any subsequent
permits will be reviewed every three years.
2. No exterior storage of materials or equipment should be allowed.
3. No signage is allowed
ATTACHMENTS:
Location Map
Property Survey
Code Section
Applicant's Narrative
Neighbor's Comment
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FEB 25 2019
■ DESCRIPTION OF PROPERTY SURVEYED
(Per Hennepin County property information mapping.)
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PID# is 33- 117 -23-41 -0020.
6) Please note that this survey is a limited topographic survey. The visible
features were field located by EVS, Inc. on May 18, 2016.
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ENV -985.9 7) We have shown buried structures and /or utilities on and /or serving the site
X'ss� to the best of our ability. Please note that we have not placed a Gopher
State One Call for this survey. There may or may not be other utilities
serving this site. Therefore extreme caution must be exercised before
excavation takes place on or near this site. Before digging, you are
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_ EXISTING CONDITIONS AREA OF LOT
HOUSE: 2,585 Sq. Ft LOT 5, BLOCK 3: 21,569.5 Sq. Ft.
DECK: 145 Sq. Ft.
RETAINING WALLS: 73 Sq. Ft
BITUMINOUS DRIVEWAY: 937 Sq. Ft.
CONCRETE SURFACES: 435 Sq. Ft.
PERCENT HARDCOVER
TOTAL HARDCOVER: 4,175 Sq. Ft. 4,175 / 21,569.5 =19.36
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Section 1201.03 Subd. 12 d.(1)(2)(3) - HOME OCCUPATIONS
(1) General Provisions:
(a) No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon
adjacent or nearby property.
(b) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.
(c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the
residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.
(d) No home occupation shall require internal or external alterations or involve construction features not customarily found in
dwellings except where required to comply with local and State fire and police recommendations.
(e) There shall be no exterior storage of equipment or materials used in the home occupation.
(f) The home occupation shall meet all applicable fire and building codes.
(g) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the
dwelling.
(h) All home occupations shall comply with the provisions of the City Nuisance Ordinance (Chapter 502 of the City Code).
(i) No home occupation shall be conducted between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. unless said
occupation is contained entirely within the principal building and does not require any on- street parking facilities.
0) Parking accessory to home occupations shall comply with the requirements of subdivision 5 of this Section. Home occupations
shall not create a parking demand in excess of that which can be accommodated in an existing driveway. No vehicle shall be
parked closer than twenty five feet (25') from the curb line or edge of the paved street surface.
(2) Requirements - Limited Home Occupation (Allowed without a Permit)
(a) No person other than those who customarily reside on the premises shall be employed.
(b) All limited home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory
buildings.
(c) Examples of limited home occupations include but are not limited to: art studio, dressmaking, secretarial services, professional
offices and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time. None of the
above shall service more than one person at a given time.
(d) The home occupation shall not include any of the following: repair service or manufacturing which requires equipment other
than found in a dwelling; teaching which customarily consists of more than one pupil at a time; over - the - counter sale of
merchandise produced off the premises, except for those brand name products that are not marketed and sold in wholesale or
retail outlets.
(3) Requirements - Special Home Occupation: (Requires a Conditional Use Permit)
(a) Not more than one person other than those who customarily reside on the premises shall be employed.
(b) Special home occupations may be conducted within an accessory building.
(c) Examples of special home occupations include: barber and beauty services, photography studio, group lessons, saw sharpening,
small appliance and small engine repair and the like.
(d) The home occupation may include any of the following: stock -in -trade incidental to the performance of the service, repair or
manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other
instruction of more than one pupil at a time.
Zoning Code Section
2/25/2019
Thomas Ramy
5825 Country Club Rd
Shorewood, MN 55331
612 - 709 -3588
RE: Special Home Occupation
Business Type: Woodworking
I am seeking a Special Home Occupation Conditional Use Permit at my residence located at
5825 Country Club Rd. I am a woodworker and currently use my garage (highlighted on
attached site survey) to conduct my craft. My business operations conform to the general
provisions outlined in Zoning and Subdivision Regulations.
My business started as a hobby side business and is now my primary source of income; I
conduct a maximum of 25 hours of shop time per week. I make fireplace mantels, wine racks,
and other woodworking home decor. Most of my business occurs through ecommerce
platforms which result in me dropping off packages at the Post Office in Excelsior as well as
FeclEx Office in Chanhassen.
The equipment I use is in line with what a typical hobbyist woodworker uses - table saw, miter
saw, planer and other small handheld tools. The noise produced by these tools is mitigated
within my closed garage and do not produce objectionable vibrations. The tools that I operate
do not create any known electrical interferences. All of my materials and tools are stored
within the confines of my garage.
My business hours will be conducted between 7:00am and 9:00pm.
Our property will maintain a minimum of 2 parking spaces for residential use on our driveway
and the vehicle that I use for business will be parked no closer than 25 feet to the road.
DECEIVED
FEB 25 2019
(11Y N SI 10REWOOD
Applicant's Narrative
Marie Darling
From: Tom R <tomramy @gmail.com>
Sent: Tuesday, February 26, 2019 8:14 AM
To: Planning
Subject: CUP Special Home Occupation - Ramy 5825 Country Club Rd (Neighbor Letter)
Marie, here is an email from my neighbor directly across the street from me. Please let me know if you need
anything else, thanks!
Regards,
Tom Ramy
612- 709 -3588
---- - - - - -- Forwarded message --- - - - - --
From: Dave Thorp <dave@davethorp.com>
Date: Mon, Feb 25, 2019, 6:54 PM
Subject: Re: Letter to the City
To: Tom R <tomramy@gmail.com>
Tom, you can forward this email to Marie at the Shorewood City Planning Department. Your work at home has
no impact on the neighborhood. My home at 5795 Country Club Rd is directly across Echo Road for your
home. Your business work in your garage has no impact on my property as it is not a retail business. Also I
cant see how it could effect anyone else in our neighborhood. I believe the Planning Dept should approve your
application.
Dave Thorp
Real Estate Agent
Coldwell Banker Burnet
Minnetonka- Excelsior Office
952- 356 -5855 mobile
Neighbor's Comment
RESOLUTION 19-
CITY OF SHOREWOOD
A RESOLUTION APPROVING A SPECIAL HOME OCCUPATION PERMIT
FOR A WOODWORKING BUSINESS TO BE CONDUCTED OUT OF THE
ATTACHED GARAGE AT 5825 COUNTRY CLUB ROAD
WHEREAS
, Thomas Ramy (the “Applicant”) has applied for a special home occupation
permit to conduct a woodworking business out of his garage at 5825 Country Club Road
in the R-1C district where a special home occupation permit is required to conduct any
home occupation in an accessory building, on the property legally described as:
nd
Lot 5, Block 3, Echo Hills 2 Addition, Hennepin County, Minnesota; and,
WHEREAS
, after required notice, a public hearing was held and the application
reviewed by the Planning Commission on April 2, 2019, the minutes from the meeting
are on file at City Hall; and
WHEREAS
, the City Council considered the application at its regular meeting on April
22, 2019, at which time the Planning Staff memorandum and the Planning
Commission’s recommendations were reviewed and comments were heard by the City
Council from the Applicant, staff and the public; and
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in an R-1C, Single-Family Residential zoning
district, which allows home occupations to be conducted in an accessory building
subject to the approval of a special home occupation permit.
2. The Applicant’s proposal is identified on plans dated February 25, 2019.
3. Section 1201.03, Subd. 12 (Home Occupations) prohibits home occupations from
being operated out of an accessory building unless a special home occupation permit is
acquired.
CONCLUSIONS
1. The Applicant’s request has satisfied the criteria for granting a special home
occupation permit under the Shorewood City Code.
2. The Applicant’s proposal indicates the home occupation could be conducted in a
manner compatible with the existing and proposed uses in the area and would not
tend to depreciate the area.
3. The home occupation would not overburden the city’s existing public services and
streets.
4. Based upon the foregoing, the City Council hereby approves a special home
occupation permit to operate a home occupation in the attached garage, based on
the plans submitted February 25, 2019, subject to the following:
a. The applicant shall not use air compressors, dust collection equipment, or other
noise producing equipment with the garage door open.
b. The home occupation will be conducted in compliance with Section 1201.03
Subd. 12 of the City of Shorewood zoning regulations, which include, but are
not limited to:
1) No exterior storage of materials or equipment are permitted.
2) No signs are permitted.
3) The initial permit is valid for one year, at which time the applicant would
request a renewal; any subsequent permits would be reviewed every three
years.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
nd
this 22 day of April, 2019.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk
2
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900
Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityha11 @ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Marie Darling, Planning Director
MEETING DATE: April 2, 2019
APPLICANT: City of Shorewood
REQUEST: CUP for Public Recreation Buildings
LOCATION: Badger Park - 5745 Country Club Road
LAND USE CLASSIFICATION: Public /Semi - Public
ZONING: R -1 C
FILE NUMBER: 19.08
REQUEST:
The City proposes to construct two new park buildings in
Badger Park: a picnic shelter and a restroom building.
Section 1201.12 Subd. 4 allows public recreation
buildings as a conditional use. The proposed picnic
shelter would be 24 feet by 28 feet (roof line) and the
restroom building would be 16 feet by 20 feet. Both
buildings would be located between the tennis courts and
the lacrosse field near the new playground.
Building lights would be added to provide security above the doors in the restroom building and under
the roof in the picnic shelter. No additional site lighting is proposed as part of this project.
As part of the same project the playground would be replaced and new walking trails would be installed
around the lacrosse field.
Notice of this application was published in both the City's official newspapers and mailed to all property
owners within 500 feet of the property at least 10 days prior to the meeting.
Page 2
BACKGROUND
Context: This is the third phase in the process of redeveloping Badger Park. In 2016, phase one
included installing a new field. In 2017 -18, phase two included a parking lot expansion, which
included removing the old warming house and restrooms. In addition to the park, the site contains City
Hall. A utility building and the Shorewood Community and Event Center are located on adjacent
properties. The site contains a linear wetland and mature trees.
Regulation
Required
Proposed
Conform?
Impervious Surface Coverage
33% (max.)
±31%
Yes
Height (in feet)
15 ft.
Shelter
13 ft.
Yes
Restroom
12 ft.
Setbacks (in feet)
CR 19 and Country Club
35 ft.
Closest lot
Yes
East
30 ft.
line 130 ft.
South
40 ft.
ANALYSIS
In addition to the general criteria for a conditional use permit, the R -1 C zoning regulations provide
specific conditions for granting conditional use permits for public recreation buildings. The specific and
general criteria are as follows:
Setbacks double (up to 30 feet): The closest
property line to either structure is 130 feet.
Adequate screening is in place from abutting
residential uses and landscaping is provided in
compliance: The existing landscaping is adequate
to screen the two buildings from view by the
adjacent neighbors. Although no additional
landscaping is required on the site, the City has
proposed seven overstory trees, six ornamental
trees and 10 shrubs.
The City proposes to use the shrubs and two — - - -
ornamental trees to soften the view of the backside ._
of the lacrosse practice wall. The remaining trees would be planted throughout the playground
area.
Adequate off - street parking and access is provided on the site and the parking is adequately
screened and landscaped: The parking lot serving the park, City Hall and the Community and
Events Center is adequately sized for the number of vehicles anticipated. The parking areas are
located across the park from residential uses and screened by existing trees.
-2-
Page 3
• Consistent with the Comprehensive Plan: The recreation buildings are in keeping with the
public use of the site and are listed as scheduled improvements in the Community Facilities
Plan.
• Compatible with present and future land uses of the area: The property acts as a transitional land
use between the commercial properties to the north and the residential properties to the east and
south.
• Use would not tend to or actually depreciate the area: Continued investment in public properties
in general and parks specifically, is generally cited as motivating factors to increase private
investment in properties.
• Use can be accommodated with existing public services: Adequate municipal services are
provided to the site to serve the restroom building.
RECOMMENDATION
Staff finds the request compatible with the general and specific standards found in the zoning regulations
and recommends approval. The city would be responsible for acquiring the applicable building permits
and any lighting added would be consistent with City Code.
ATTACHMENTS:
Location Map
Building and Site Plans
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MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Front Setback Variance
Applicant: Ayman Abdelsamie
Location: 5960 Grant Street
Meeting Date: April 22, 2019
Prepared by: Marie Darling, Planning Director
Review Deadline: July 5, 2019
Attachments: Planning Staff Memorandum
Resolution
Background: See attached memorandum for detailed background on this item.
At the April 2, 2019 meeting, the Planning Commission unanimously recommended approval of the
variance request to allow a front stoop with steps and awning, balcony, and bathroom addition to be
constructed within the required front setback, based on the finding that the applicant has met the
variance criteria. The applicant was present at the meeting; no one from the public requested to
speak.
Financial or Budget Considerations: The application fees cover the cost of processing the request.
Recommendation / Action Requested: Staff and the Planning Commission recommend approval of
the request based on the findings that the criteria for a variance had been met, specifically that the
applicant has identified that there is a practical difficulty in complying with the regulations and that
the request is the minimum variance necessary to alleviate the practical difficulty, subject to the
conditions in the attached resolution.
Motion requires a simple majority to adopt.
Next Steps and Timelines: The applicant has applied for a building permit. If the request is approved,
staff could issue the building permit.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
S:\Planning\Planning Files\Applications\2019 Cases\Abdelsamie VAR 5960 Grant\CAF Memo.docx
MEMORANDUM
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900
Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityha11 @ci.shorewood.mn.us
TO: Planning Commission, Mayor and City Council
FROM: Marie Darling, Planning Director
MEETING DATE: April 2, 2019
REQUEST: Variance to front setback
APPLICANT: Ayman Abdelsamie
LOCATION: 5960 Grant Street
REVIEW DEADLINE: July 5, 2019
LAND USE CLASSIFICATION: Low to Medium Density Residential
ZONING: R -1 D
FILE NUMBER: 19.09
REQUEST
The applicant requests a front setback variance in order
to improve the appearance of the front of his home and
improve the home's functionality. The applicant began
work on the home (adding windows and doors) without
the required permit.
Because most of the north side of the home is currently
constructed at 17 feet from the front property line where the ordinance requires 30 feet, the applicant would
need a variance to construct any improvements on that side of the home. His specific request includes:
• A new front door with a three -foot landing (with an awning of the same size) and two steps that
would be 12 feet from the front property line
• A three -foot by 4.3 -foot balcony that would be 19 feet from the front property line
• A seven -foot by 24 -foot bathroom addition on the northwest corner of the home that would be 17
feet from the front property line
Notice of this application and the public meeting was mailed to all property owners within 500 feet of the
property at least 10 days prior to the meeting.
Page 2
BACKGROUND
Context: The home was constructed about 1920. The lot was created in 1974 as part of the Lesjef
subdivision. No portion of the property is within a wetland or floodplain overlay district.
The adjacent properties to the north and south are developed with single family homes and the property to
the west is developed with a church.
Applicable Code Sections:
Section 1201.12 Subd. 5 of the zoning regulations (R -ID) requires buildings to be setback 30 feet from the
front property line.
Section 1201.03 Subd. 1. i. (1) of the zoning regulations states that a legally nonconforming home may be
expanded provided that the expansion doesn't increase the nonconformity and complies with height and
setback requirements of the district. Because the addition would increase the nonconformity and cannot
comply with the required setback, the applicant is required to apply for a variance.
Section 1201.03 Subd. 3. c. (3) of the zoning regulations allows steps, stoops, (not including porches or
balconies) in front or rear yards, provided they don't extend above the entrance floor level of the building
nor more than four and one -half feet into the required yard. Because the home is already within the
required front yard, the exception provides no relief to this homeowner.
ANALYSIS
The existing living room on the east side of the home contains the main entrance to the home. The
property owner is currently converting this area to provide a second bedroom. He proposes to add a
formal front door into another living space to avoid walking through the new bedroom from the main
entrance. He also proposes to add a small balcony outside the other bedroom to improve the appearance
of that side of the home.
The property owner proposes to connect the new front door to the driveway via a new sidewalk, which
does not require a variance.
Section 1201.05 Subd. 3. a. of the zoning regulations sets forth criteria for the consideration of variance
requests. These criteria are open to interpretation. Staff reviewed the request according to these criteria
as follows:
Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the
property for residential purposes and proposes no uses on the site that would be inconsistent with
either the intent of the residential land use classification or the district's allowed uses.
2. Practical difficulties: Practical difficulties include three factors, all three of which must be met.
Staff finds that the practical difficulties for the property are related to the original construction of
the home.
Reasonable: The applicant has proposed reasonable residential uses on the property.
Max. Allowed
Existing
Proposed
Impervious Surface
33%
±21%
±22%
Section 1201.05 Subd. 3. a. of the zoning regulations sets forth criteria for the consideration of variance
requests. These criteria are open to interpretation. Staff reviewed the request according to these criteria
as follows:
Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the
property for residential purposes and proposes no uses on the site that would be inconsistent with
either the intent of the residential land use classification or the district's allowed uses.
2. Practical difficulties: Practical difficulties include three factors, all three of which must be met.
Staff finds that the practical difficulties for the property are related to the original construction of
the home.
Reasonable: The applicant has proposed reasonable residential uses on the property.
Page 3
b. Self- Created: The home was built prior to
the subdivision which created the lot and the
non - conforming situation is not the result of
any action of the existing owner. As part of
the Lesjef addition, and on the north side of
the applicant's home, is a 100 -foot by 50-
foot right -of -way that was dedicated to the
public to allow the future construction of a
turnaround. The turnaround has not yet been
constructed.
C. Essential Character: Staff note that the two
homes north of the subject property are also
nonconforming to the Grant Street right of
way. Consequently, the applicant's
proposed additions would not alter the
essential character of the area or appear out
of the ordinary.
• 5960 Grant Street: 16 feet from Grant
Street right -of -way (based on survey)
• 23145 Park Street: No survey on file,
but estimated at around 16 feet based on
the aerial photo.
3. Economic Considerations: The applicant has not proposed the variance based on economic
considerations, but to increase the functionality of his home.
4. Impact on Area: The property owner is not proposing anything that would impair an adequate
supply of light and air to an adjacent property, increase the risk of fire or endanger public safety, or
increase the impact on adjacent streets.
5. Impact to Public Welfare and Other Improvements: The applicant's proposal is unlikely to impact
or impair adjacent property values or the public welfare.
6. Minimum to Alleviate Practical Difficulty: Staff finds the variance request is the minimum
necessary to alleviate the practical difficulties on the property.
FINDINGS /RECOMMENDATION
Staff finds the variance proposal meets the criteria above and recommends approval of the variance
while acknowledging that the variance criteria are open to interpretation. Consequently, the Planning
Commission could reasonably find otherwise.
Should the Planning Commission recommend approval of the variance, staff recommends that the
applicant be required to acquire all necessary permits prior to beginning the applicable construction.
ATTACHMENTS
Location map
Applicants' narrative and plans
S:\Pla ing\Pla ing Files \Applications\2019 Cases\Abdelmmie VAR 5960 Gmt\PC memo.do
EXCELSIOR
Chanhassen /Carver Co. border
1
5
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Dear city councilor,
I am Ayman Abdelsamie. The owner of 5960 Grand Street, Shorewood} property. An
honored resident of the city of Shorewood. I would like you please to help me make my
house livable and convenient for me and my son by letting me put a door in place of
where my window is. As I showed in the drawing.
Why am I asking you to do this?
Important, this house was built before you took over this land, this is why it is a
unique situation.
There are practical difficulties to meet the ordinance requirements.
Adding steps and balcony and a new bathroom is reasonable residential
uses
The home was constructed before the land was given to the city for the turn
around
• Approving the variance will blend in the neighborhood
• Changing the entrance of the house with the new door should not have any
affect on the city land
• The steps and the landing will meet all requirements and I only need the
landing and two steps. For the awning it with be attached with no pillars
and will only be as big as the landing.
• The balcony is just a step out one with no stairs or access to the front yard.
It will meet all requirements. It can be attached or with footings. It will
only stick out 35 inches.
1. The house is very old. Was built in the 1920's and it needs remodeling
2. It will make my neighbors very happy to look at and to see something clean next
door to them.
3. Remodeling this house will increase the value of the houses in the neighborhood.
4. This will make you bring in more taxes for the city.
5. Having nice looking houses in the neighborhood will attract new home buyers.
6.1 need to get better use of my house space and doing this will let me use every room
in my house more conveniently.
7. By doing this I will be able to add I more bedroom to my house that I really need for
my son.
8. The front door I am adding will only have attached awning no pillars or build out and
only 2 steps. The sidewalk to the door will be going towards the garage, not the
driveway. As shown in the drawing. This will make me weigh from the city land
9. A point to make. There is lots of front door houses that are very close to the city
roads with lots of traffic and its not an issue for the city. At the same time you have a city
land at the dead end street where there is no traffic at all and nobody has used it in the last
3 years I have been in the house. I do not understand why I cannot put a door on my
house in a safe area.
Dear city council members I left my country 20 years ago and came to America. I
learned from Americans that it is important to work hard and get ahead. Now I am
successful. I live in a great city. Being a resident of the city of Shorewood is a success for
me. And A benefit for my son. I always respect the law. This is why I am at where im at
now. I will never ask you to go against the laws or codes. But countries change there
constitutions based on when new situations come up. So now please make an exception
and let me put the door on and let me make it a nice looking house for all of us.
Thank You All for being understanding of my situation.
Ayman Abdelsamie
14, I
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RESOLUTION 19-
CITY OF SHOREWOOD
A RESOLUTION APPROVING A FRONT SETBACK VARIANCE FOR AYMAN
ABDELSAMIE FOR PROPERTY LOCATED AT 5960 GRANT STREET
WHEREAS,
Ayman Abdelsamie, (the “Applicant”) is the owner of real property located
at 5960 Grant Street, legally described as:
Lot 1, Block 1, Lesjef Addition, Hennepin County, Minnesota
WHEREAS
, the Applicant has applied for a variance to allow a three foot landing with
steps and awning that would be 12 feet from the front property line; a three-foot by 4.3-
foot balcony that would be 19 feet from the front property line, and a seven-foot by 24-
foot bathroom addition on the northwest corner of the home that would be 17 feet from
the property line where the required setback is 30 feet; and
WHEREAS
, the Applicant’s request was reviewed by the planning staff, whose
recommendation is included in a memorandum for the April 2, 2019 meeting of the
Planning Commission, a copy of which is on file at City Hall; and
WHEREAS
, the Planning Commission held a public meeting on April 2, 2019 to review
the application, the minutes of the meetings are on file at City Hall; and
WHEREAS
, the City Council considered the application at its regular meeting on
April 22, 2019, at which time the planning staff memorandum and the Planning
Commission’s recommendations were reviewed and comments were heard by the City
Council from the Applicant, staff and public.
NOW THEREFOREBE IT RESOLVED
, THAT THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in the R-1D zoning district, which requires all
buildings to be set back 30 feet from the front property line.
2. The subject home was constructed prior to the requirement for a 30-foot setback
and dedication of the right-of-way for the terminus of Grant Street.
3. The zoning regulations allows steps and stoops to encroach into front yards
provided they do not extend into the front setback by more than four and one-half feet.
As the home currently sits 17 feet from the Grant Street right-of-way, the allowed
encroachment offers no relief.
3. Section 1201.05 of the zoning regulations provides that the purpose of a variance
is to allow a process to deviate from the strict provision of the zoning regulations.
4. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider the circumstances unique to the property and not
created by the landowner.
5. The applicant’s proposal is identified on the application materials and plans
submitted on March 7 and 8, 2019.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council
hereby approves the Applicant's request to install the requested improvements at 12, 17
and 19 feet from the front property line.
B. The City Council specifically finds that the applicant’s request for the variances is
consistent with the variance criteria as it specifically demonstrates practical difficulty and
is the minimum action necessary to alleviate the practical difficulty, subject to the
condition that the applicant acquire all necessary permits prior to continuing
construction.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
nd
this 22 day of April, 2019.
__________________________
Scott Zerby, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
RESOLUTION 19-
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 19-
A RESOLUTION TO AUTHORIZE PREPARATION OF PLANS,
SPECIFICATIONS AND ENGINEER’S ESTIMATE FOR THE
2019 MILL AND BITUMINOUS OVERLAY IMPROVEMENTS, CITY PROJECT 19-02
WHEREAS,
staff recommends utilizing maintenance funds to perform mill and overlay
improvements along Birch Bluff Road, Excelsior Boulevard, Edgewood Road, Lake
Linden Drive, and portions of Country Club Road; and
WHEREAS,
staff has solicited a proposal from WSB for preparation of plans and
specifications for the improvements identified above; and
WHEREAS,
the Director of Public Works has reviewed said proposal and found it to be
.
in order
NOW THEREFORE
, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
1. The City Council of the City of Shorewood, Minnesota authorizes the execution of
a professional services agreement with WSB to prepare plans and specifications
for the 2019 Mill and Overlay Improvements on Birch Bluff Road, Excelsior
Boulevard, Edgewood Road, Lake Linden Drive, and Country Club Road.
nd
Passed by the City Council of Shorewood, Minnesota this 22 day of April, 2019.
__________________________
Scott Zerby, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood
General Fund Statement of Revenues, Expenditures and Changes in Fund Balances
Through the Month Ended March 31, 2019 (Unaudited)
Prior
CurrentCurrentCurrent
FinalYear-to-DateYear-to-DateVarianceYear-to-Date
BudgetAmount% of BudgetWith FinalAmount
201903/31/1903/31/19Budget03/31/18
REVENUES:
$ 5,530,322$ -0.0%$ (5,530,322)$ -
Taxes
Licenses and Permits 232,225 148,82264.1% (83,403) 76,492
Intergovernmental 152,100 48,95232.2% (103,148) 48,537
Charges for Services 53,885 18,23133.8% (35,654) 8,367
Fines and Forfeitures 60,000 12,61721.0% (47,383) 13,142
Special Assessments - -N/A - -
Miscellaneous 220,000 128,08358.2% (91,917) 121,127
Total Revenues 6,248,532 356,7055.7% (5,891,827) 267,665
EXPENDITURES:
Current:
General Government 1,430,985 423,41629.6% (1,007,569) 396,378
Public Safety 2,271,951 699,59130.8% (1,572,360) 881,003
Public Works 1,102,175 207,392 18.8% (894,783) 194,842
Parks and Recreation 328,532 46,65714.2% (281,875) 59,052
Total Expenditures 5,133,643 1,377,05626.8% (3,756,587) 1,531,275
Excess of Revenues
Over (Under) Expenditures 1,114,889 (1,020,351)-91.5% (2,135,240) (1,263,610)
OTHER SOURCES (USES):
Transfers In 25,000 25,000100.0% - 25,000
Transfers Out (1,186,305) (1,646,305)138.8% (460,000) (1,163,895)
Total Other Sources (Uses) (1,161,305) (1,621,305)139.6% (460,000) (1,138,895)
Excess of Revenues & Other Sources
Over (Under) Expenditures & Other Uses (46,416) (2,641,656)5691.3% (2,595,240) (2,402,505)
FUND BALANCES:
January 1 4,419,413 - 4,162,048
March 31$ 1,777,757$ (2,595,240)$ 1,759,543
BalanceBalance
20192018
CASH:
$ 4,265,564$ 3,265,573
January 1
(2,477,086) (1,489,856)
Increase (Decrease) in Cash
March 31$ 1,788,478$ 1,775,717
City of Shorewood
General Fund Statement of Expenditures and Other Uses by Program/Department
Through the Month Ended March 31, 2018 (Unaudited)
CurrentCurrentCurrentPrior
FinalYear-to-DateYear-to-DateVarianceYear-to-Date
BudgetAmount% of BudgetWith FinalAmount
201903/31/1903/31/19Budget03/31/18
EXPENDITURES:
Current:
General Government
Council 84,100 17,63321.0% (66,467) 17,328
Administration 492,899 102,53620.8% (390,363) 103,204
Elections - -N/A - -
Finance 198,329 47,32223.9% (151,007) 39,272
Professional Services 251,500 99,62939.6% (151,871) 85,837
Planning 221,657 43,74219.7% (177,915) 53,589
Municipal Buildings 182,500 112,55461.7% (69,946) 97,148
Total General Government 1,430,985 423,41629.6% (1,007,569) 396,378
Public Safety
Police Protection 1,481,949 475,49432.1% (1,006,455) 519,710
Fire Protection 651,969 169,70026.0% (482,269) 325,962
Protective Inspections 138,033 54,39739.4% (83,636) 35,331
Total Public Safety 2,271,951 699,59130.8% (1,572,360) 881,003
Public Works
City Engineer 89,500 6,933 7.7% (82,567) 7,057
Public Works Service 911,296 120,785 13.3% (790,511) 122,370
Ice and Snow Removal 101,379 79,674 78.6% (21,705) 65,415
Total Public Works 1,102,175 207,392 18.8% (894,783) 194,842
Parks and Recreation
Park Maintenance 265,316 28,97210.9% (236,344) 44,173
Recreation 63,216 17,68528.0% (45,531) 14,879
Total Parks and Recreation 328,532 46,65714.2% (281,875) 59,052
Total Expenditures 5,133,643 1,377,05626.8% (3,756,587) 1,531,275
OTHER USES:
Transfers Out:
Southshore Center - Building 32,300 49,800 154.2% 17,500 38,000
Southshore Center - Operations 70,000 70,000 100.0% - 70,000
EDA Debt City Hall 92,005 92,005 100.0% - 93,895
Equipment Replacement 140,000 172,500 123.2% 32,500 135,000
Street Improvements 810,000 810,000 100.0% - 785,000
Park Capital 42,000 222,000 528.6% 180,000 42,000
Storm Water - Manor Pond - 230,000 N/A 230,000 -
Total Transfers Out 1,186,305 1,646,305138.8% 460,000 1,163,895
Total Expenditures & Other Uses 6,319,948 3,023,36147.8% (3,296,587) 2,695,170