Staff ReportsCITY OF SHOREWOOD
ORDINANCE NO. 537
AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2.
OF THE SHOREWOOD ZONING CODE — THE SHOREWOOD ZONING MAP
Section 1. Section I201.09 Subd. 2. of the Shorewood City Code is hereby
amended to include the property described in Exhibit A, attached hereto and made a part
hereof, in the R -IC, Single- Family Residential zoning district.
Section 2. That the Zoning Administrator is hereby authorized to revise the
Zoning Map ofthe City of Shorewood to include the property in the R -IC, Single- Family
Residential zoning district.
Section 3. That 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 this 23rd
day of January 20I7.
Scott y, Mayo
ATTEST:
Jean Panchyshyn, City Clerk
24725 Smithtown Road / P.I.D. No. 33- 117 -23 -13 -0016
"Lot 46 and commencing at Southeast corner of Lot 46; thence South along East line of Lot 44 to
a point 215.86 feet North of Southeast corner thereof, thence West parallel with South line of Lot
44 a distance of 97 feet; thence North parallel with East line of Lots 44 and 46 to North line of
Lot 44; thence Northeasterly to Northwest corner of Lot 46; thence South to Southwest corner
thereof, thence East to beginning."
24785 Smithtown Road / P.I.D. No. 33- 117 -23 -13 -0015
"That part of Lot 44, Auditor's Subdivision Number 133, Hennepin County, Minnesota
described as follows: Commencing at a point on the West line of said Lot 44, 215.86 feet North
of the Southwest corner of said Lot; thence East and parallel with the South line of said Lot to a
point 97 feet West from the Easterly line of said Lot; thence North and parallel with the East line
of said Lots 44 and 46 to the Northerly line of said Lot 44; thence Southwesterly along the
Northerly line of said Lot to the Northwest corner of said Lot; thence South along the West line
of said Lot to the place of beginning EXCEPT that part thereof lying Southerly of a line running
from a point on the West line of the above described tract distant 75 feet North of the Southwest
corner thereof, to a point on the East line thereof, distant 100 feet North of the Southeast corner
thereof."
24800 Smithtown Road / 33- 117 -23 -24 -0007
"That part of Lot 20 lying West of a line running from a point in the North line of the Southwest
quarter of the Northeast quarter a distance of 23.2 feet East of the Northwest corner thereof to a
point North 81 degrees 40 minutes East 20.7 feet from the intersection of the centerline of
Smithtown Road with the North and South centerline of Section 33 Township 117 Range 23."
24845 Smithtown Road / P.I.D. No. 33- 117 -23 -24 -032
"That part of the East 235.09 feet of Lot 39, Auditor's Subdivision Number 133, Hennepin
County, Minnesota, lying North of a line parallel with and 159.15 feet North of the South line of
said Lot 39."
24905 Smithtown Road / P.I.D. No. 33- 117 -23 -24 -0009
"Commencing at a point on the South line of Lot 39, a distance 256.5 feet East from the
Southwest corner thereof; thence East 160.75 feet; thence North parallel with the West line of
said Lot to the Southerly line of Smithtown Road; thence Southwesterly along said Road to a
point therein, distance 211.65 feet Northeasterly from the Northwesterly corner thereof; thence
Southeasterly to beginning."
24945 -85 Smithtown Road / P.I.D. No. 33- 117 -23 -24 -0010
"Commencing at a point in the Southerly line of Smithtown Road distance 105 feet Easterly
from the West line of Lot 39; thence Easterly along said Southerly line a distance of 106.65 feet;
thence Southerly to a point in the South line of said Lot, distance 256.5 feet East of the
Southwest corner of said Lot; thence West 131.5 feet along the South line of said Lot; thence
Northerly to beginning."
Exhibit A
25005 Smithtown Road / P.I.D. No. 33- 11723 -24 -0011
"That part of Lot 39, Auditor's Subdivision Number 133, Hennepin County, Minnesota,
described as follows: Beginning at the Southwest corner of said Lot; thence North along the
West line of said Lot to the Southerly line of Smithtown Road; thence Easterly along said
Southerly line a distance of 105 feet; thence Southeasterly to a point in the South line of said Lot
distant 125 feet East of said Southwest corner; thence West along said South line to the point of
beginning."
25015 Smithtown Road / P.I.D. No. 33- 117 -23 -24 -0012
"That part of Lot 38, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as
follows: Commencing at the Southeast corner of said Lot 38; thence Northerly along the
Easterly line thereof, a distance of 335 feet to the actual point of beginning of the land to be
described; thence deflect to the left 90 degrees 00 minutes a distance of 170 feet; thence deflect
to the right 90 degrees 00 minutes 00 seconds and parallel with the Easterly line of said Lot 38 a
distance of 303.8 feet, more or less, to the Southerly right of way of Smithtown Road; thence
Easterly along said Southerly right of way line a distance of 170.13 feet, more or less, to the
Easterly line of said Lot 38; thence Southerly along said Easterly line a distance of 302.63 feet,
more or less, to the point of beginning."
5765 Club Lane / 33- 117 -23 -13 -0013
"Commencing at a point in the West line of Lot 44 distant 146.86 feet North from the Southwest
corner thereof; thence East parallel with the South line to the East line of said Lot; thence North
69 feet; thence West 97 feet; thence North 100 feet; thence Westerly to a point in the West line
of said Lot distant 144 feet North from the beginning; thence South to beginning."
5810 Club Lane / P.I.D. No. 33- 117 -23 -24 -0033
"That part of Lot 40 lying East of the West 478.75 feet thereof. Also the South 159.15 feet of
the following described parcel: All that part of Lot 39, Auditor's Subdivision No. 133 as follows:
Beginning at the Southeast corner of said Lot; thence West along the South line thereof to a point
417.25 feet East from the Southwest corner thereof to a point 417.25 feet East from the
Southwest corner thereof; thence North parallel with the West line of said Lot 39 to the
Southerly line of Smithtown Road; thence Easterly along said Southerly line to the Northeast
corner of said Lot; thence South along the East line to beginning, except Road."
5815 Club Lane / P.I.D. No. 33- 117 -23 -42 -0001
"Lot 45, Auditor's Subdivision No. 133, Hennepin County, Minnesota."
5830 Club Lane / P.I.D. No. 33- 117 -23 -31 -0001
"The Northerly 110 feet of the Easterly 198 feet of Lot 41, Auditor's Subdivision No. 133,
Hennepin County, Minnesota."
-2-
� or
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject:
Proposed Rezoning, R -1A to R -1C — Club Lane Area
Meeting Date:
23 January 2017
Prepared by:
Brad Nielsen
Reviewed by:
Patti Helgesen
Attachments: Staff Reports
Draft Code Amendment
Policy Consideration: Should the City rezone the 12 lots located south of Smithtown Road and east and
west of Club Lane from R -1A, Single - Family Residential to R -1C, Single - Family Residential?
Background: In response to a rezoning request by Bryan Pike for rezoning of his and his parents
properties on Club Lane, the Planning Commission voted not to "spot zone" the Pike properties. Based
on the case made in that request, however, the Commission went on to recommend rezoning all 12 of
the lots in the subject neighborhood (see attached staff reports for detailed background).
Financial or Budget Considerations: The application fees paid by the applicant cover the cost of staff
time and map amendment.
Options: Approve the rezoning or deny the rezoning.
Recommendation / Action Requested: Staff agrees with the Planning Commission's recommendation.
The rezoning benefits not only the Pikes, but several other properties that are currently nonconforming
under the current R -1A classification.
Next Steps and Timelines: The rezoning will go into effect upon publication in the local newspapers.
Connection to Vision / Mission: Sustainable tax base.
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
L 9
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 •952- 960 -7900
Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityha11gci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 27 October 2016
RE: Pike, Bryan - Proposed Rezoning from R -1A to R -1C
FILE NO.: 405(16.23)
At its October meeting, the Planning Commission considered a request from Bryan Pike to rezone his and
his parents' properties on the west side of Club Lane from R -lA to R -1C. The.Commission agreed with
City staff that a "spot zoning" of two properties was not advisable. They also agreed that the case made for
rezoning the two properties made sense for the 12 lots in the Club Lane neighborhood. The Commission
directed staff to publish a second legal notice, this time proposing the rezoning for all 12 lots. This has
been done and a public hearing has been scheduled for Tuesday, 1 November.
An issue that came up in the Pike hearing was what Club Lane might look like if upgraded as part of a
redevelopment of the Pike properties. Exhibit A shows the street widened to the City's 50 -foot standard
width, with a 100 -foot diameter cul -de -sac at the south end. The Pike properties are shown being re-
divided into four lots.
As in the initial staff report, staff recommends the rezoning of the Club Lane neighborhood from R -1A to
R -1 C.
Cc: Greg Lerud
Paul Hornby
Larry Brown
Tim Keane
Bryan Pike
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AIEREMID
MEMORANDUM
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 9 952 -960- 7900 -
Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityhall @ci.shorewood.mn.us
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 29 September 2016
RE: Pike, Bryan — Proposed Rezoning from R -1A to R -1C
FILE NO.: 405(16.23)
BACKGROUND
Mr. Bryan Pike owns the properties at 24845 Smithtown Road and 5810 Club Lane (see Site Location map
— Exhibit A, attached). He has requested that the City rezone the two properties from R -1A, Single- Family
Residential to R -1 C, Single- Family Residential. He explains his request in his letter - Exhibit B, attached.
The properties in question are occupied by single - family homes. The Smithtown Road lot contains 42,697
square feet of area, while the Club Lane lot contains 57,761 square feet. The lots are two of 12 lots that are
bordered on the west, south and east by the new Minnetonka Country Club PUD (MCC). MCC consists of
single - family homes on lots of varying sizes that were developed with R -1C zoning standards as a basis.
ISSUES AND ANALYSIS
a
Spot Zoning. It is important to remember that rezoning of the two subject properties, by themselves,
is considered to be spot zoning, which is generally not considered to be good planning. With few
exceptions, separating out small areas within a neighborhood tends to undermine the fundamental
principles of zoning. Having said that, the points made in Mr. Pike's request letter are well taken
and an examination of the surrounding properties and zoning is appropriate.
The Bigger Picture. As shown on the current zoning map for the area in question, Mr. Pike's lots
and 10 other lots form an approximately I 1 -acre "pocket" of land that is surrounded by land
developed to R -1C density /standards. In addition, several of the lots are nonconforming with
respect to their current R -lA zoning. Lots that do not currently conform with respect to lot area
and /or width are highlighted on Exhibit D, attached. The following table shows lot areas and widths
for the 12 lots.
Memorandum
Re: Pike Rezoning
29 September 2016
C
Club Lane Area Lot Size Analysis
Parcel Number
Lot Area
Lot Width
(see map — Ex. D
(square feet)
(feet)
1
4207
210
2
57,761
315
3
51,118
170
4
32,918*
105*
5
36,287*
106*
6
60,934
200
7
29,802*
160
8
25,748*
90*
9 .
37,510*
149
10
43,146
140
11
21,769*
132
12
21,789*
110*
*Does not conform with R -1A zoning standards
As shown, seven of the lots do not meet the 40,000 square -foot area requirement for the R -1A
District, while four of the lots do not meet the 120 foot width requirement. In addition, many of the
lots in the neighborhood do not comply with R -1A setback requirements. Essentially, all of the lots
would benefit from the reduced setbacks of the R -1C District — 35' front vs. 50' and 40', rear vs. 50'.
Finally, any rezoning should be consistent with the City's Comprehensive Plan. The Planning
Advisory Committee, established for the study of the MCC redevelopment, recommended that the
Club Lane area could be developed at a higher density than its current "minimum density"
classification. Rezoning of this area would make it consistent with a "low to medium" land use
classification.
Effect of Rezoning on the Pike Property. Obviously, it is Mr. Pike's intent to maximize the
redevelopment potential of his property. A cursory examination of the two lots, suggests that four
lots could be achieved with R -1C zoning. What would go along with that is an upgrading of Club
Lane. The right -of -way for this street is substantially substandard, being currently only 30 feet
-2-
Memorandum
Re: Pike Rezoning
29 September 2016
wide. Any platting of the Pike property should include the 20 feet of R.O.W. width necessary to
bring it to City standards, as well as a turn- around.
RECOMMENDATION
Staff does not recommend rezoning of the Pike property by itself. It is, however, recommended that the
Club Lane "pocket ", including the Pike property, be rezoned to R -1C, Single - Family Residential. This will
necessitate a new notice being sent out, plus a separate public hearing. If the Planning Commission is in
agreement, this would be scheduled for the November meeting.
Cc: Bill Joynes
Tim Keane
Paul Hornby
Larry Brown
Bruce DeJong
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Minnetonka Country Club P.U.D.
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Bryan and Ellis Pike
24845 Smithtown Rd & 5810 Club Lane
Shorewood, MN 55331
September 6, 2016
Brad Nielsen
Planning Director
City of Shorewood
5355 Country Club Road
Shorewood, MN 55331
Re: Rezoning — 25845 Smithtown Road and 5810 Club Lane
Dear Brad Nielsen:
This letter is to request the rezoning from R -1A to R -1C of our above mentioned properties.
Reasons for this request:
1. We are surrounded by R -1C zoning at this point with the exception of 12 properties on or
near Club Lane.
2. We believe the higher density of R -1C would provide a benefit to both the City and
ourselves going forward.
3. The advisory committee for the Minnetonka Country Club project recommended some
sort of medium density for the subject area.
4. After discussion with you the rezoning to R -1C would appear to bring several of the non-
conforming properties into conforming properties in this area.
5. I have discussed this with xx of the 12 property owners and there is a general consensus
to move ahead with this.
6. The setback requirements for the R -1 C District vs. the current R -1 A requirements would
provide greater flexibility for future construction projects, especially for those with
substandard lots.
Sincerely,
Bryan and Ellis Pike
Exhibit B
APPLICANT'S REQUEST LETTER
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DOC NO 5168928
Exhibit D
SURROUNDING LOTS