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080883 CC Reg AgP ~ ~ . .,~ ,,+ . ... ",';" .. -"...., .. .;'.~"'" ..,. i\ " CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 8, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD SHOREWOOD, ~N 7:30 P.M. AGE N D A CALL TO ORDER: A. PLEDGE OF ALLEGIANCE AND PRAYER: B. ROLL CALL MAYOR RASCOP ~... HAUGEN SHAW.... STOVER .[::;/ GAGNE V 1. APPROVAL OF THE MINUTES: A. REGULAR COUNCIL MEETING - JULY 25,1983 [ATTACHMENT #1] 2. CITIZENS FORUM: A. GYPSY MOTH PRESENTATION: MEG HANISCH B. 3. 8:00 P.M. - PUBLIC HEARING: REQUEST TO EXPAND A NON CONFORMING STRUCTURE LOCATION: 28210 WOODSIDE ROAD [ATTACHMENT #3a - PLANNER'S REPORT] [ATTACHMENT #3b - PLANNING COMMISSION RECOMMENDATION] APPLICANT: SID VERDORN 4. REQUEST FOR A CONDITIONAL USE PERMIT FOR A SELF-STORAGE FACILITY IN THEC-1 DISTRICT AND A VARIANCE TO THE SETBACK REQUIREMENT ADJACENT TO AN R-DISTRICT LOCATION: 19545 STATE HIGHWAY 7 APPLICANT: MR. BRUCE HUBBARD, TEX-SOTA (MINNESOTA MINI-STORAGE) [ATTACHMENT #4a - PLANNER'S REPORT] [ATTACHMENT #4b - PLANNING COMMISSION RECOMMENDATION] COUNCIL RECONSIDERATION: REZONING AND SIMPLE SUBDIVISION REQUEST: ~ LOCATION: 6055 LAKE LINDEN DRIVE' , ~0(bn'b~' )( <t ~I~ APPLICANT: MR. HAROLD JOHNSEN fl ~ [ATTACHMENT #5a - BACKGROUND REPORT] REVIEW OF PROPOSED ORDINANCES: A. !'AN ORD. AMENDING ORD. NO. 53" - SECOND READING [ATTACHMENT #6a] B. "AN ORD. AMENDING ORD. NO. 77" - SECOND READING [ATTACHMENT #6b] . 5. 6. . . SHOREWOOD COUNCIL AGENDA MONDAY, AUGUST 8, 1983 PAGE TWO 7. PLANNING COMMISSION REPORT: A. 8. PARK COMMISSION REPORT: A. 9. ATTORNEY'S REPORT: A. REPORT OF FINDING CONCERNING DRAINAGE PROBLEM ON RUSTIC WAY: B. REPORT ON NAEGELE SIGN ISSUE: 10. ENGINEER'S REPORT: }>\ 11. A. WATER LINE EXTENSION ON COUNTY RD. 19: - ~D~ - B. ADMINISTRATIVE REPORT: A. CDBG FUND RESOLUTIONS FOR: 1. PUBLIC FACILITIES ASSESSMENT GRANTS: 2. UTILITIES CONNECTION GRANTS: [ATTACHMENT #lla] [ATTACHMENT #11b] 12. MAYOR'S REPORT: A. B. 13. COUNCIL'S REPORT: A. B. 14. APPROVAL OF CLAIMS AND ADJOURNMENT: . 'It ",. , 41. . . ri;P.. ,.p;,..,.,-.. .... ., l" .... v , /0"' ~ if' ,..::. l ,.. ~. . " ~. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 25, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 7:30 PM M I NUT E S j!N . CALL TO ORDER: The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:53 PM, Monday, July 25, 1983, in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER: The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: Present: Mayor Rascop, Councilmembers Shaw, Haugen and Stover Staff: Attorney Larson, Engineer Norton, Administrator Uhrhamme~ and Deputy Clerk Niccum APPROVAL OF MINUTES: Haugen moved, seconded by Shaw, to approve the minutes of July 11, 1983, as corre~tedckn the official minute book. 4 ayes-unanimously BOB GAGNE~~~~i{~TO COUNCIL: ~ Council reviewed the six applicants that applied for Ai Leonardo's vacant Council position. Haugen moved, seconded by Shaw, to nominate Bob Gagne as the new Council member. Roll Call vote - Stover-abstain, Rascap-aye, Haugen-aye, Shaw-abstain, Stover-aye, Shaw-aye...Motion carried unanimously by Roll Call vote. The oath was administered and Mr. Gagne immediately joined the Council and began his term. Mayor Rascop requested Administrator Uhrhammer to draft a letter to the other applicants thanking them and inviting them to join a budget committee. MATTERS FROM THE FLOOR: Mr. Jim Hauptman, slated to appear on the agenda, was not present to discuss his two family dwelling at 20365-67 Excelsior Boulevard. I e e REGULAR COUNCIL MEETING JULY 25, 1983 page two . 8:00 PUBLIC HEARING - VARIANCE REQUEST ON A NON-CONFORMING STRUCTURE Mr. Donald Koch-25835 Wildrose Lane RESOLUTION NO. 53-83 Mr. Koch's garage will be too close to the East property line. His outside wall on his garage needs repair, he would like to enlarge his garage while making repairs. Public portion closed at 8:10 PM. Tad Shaw, liaison to the Planning Commission, reported that originally Mr. Koch's neighbor built on Mr. Koch's property. Mr. Koch sold his neighbor 13 feet on the East line so he would not have to tear down his house; if it wasn't for this transaction, his property would have conformed. Shaw moved, seconded by Stover, to draw a Resolution granting the variance to expand a non-conforming structure. Roll Call vote - unanimous. REQUEST FOR A VARIANCE - TO EXPAND A NON-CONFORMING STRUCTURE: Ojars & Mara Arsts - 20960 Radisson Inn Road RESOLUTION NO. 54-83 Administrator Uhrhammer read the Planner's Report: Planner Nielsen suggested that if Council allows construction of the house where requested, if the City tries to bring Radisso~ I~?I R~d up t.o a. ny sort of standard, the house would be in the ~. K':.J J.-. \( tA-~, ~O u. Mr. Arsts presented a letter of approval from 3 immediate nelghbors. Mr. Arsts felt that as long as other homes were that close, he should be allowed to do so. Council pointed out that there were no easements on the South side of Radisson Inn Road so any road expansion would have to take place in a Northerly direction. Rascop moved, seconded by Shaw, to approve the variance on a non- conforming structure if the structure is at least 35 feet from the front property line if the architect can redesign with this setback, if he cannot, Mr. Arsts can retur~Yo Counci~a~d the fee will be .1 waived. 5 ayes - unanimous. J1kJ~'L tt <---tl~~ ~~v : WATER DRAINAGE PROBLEMS: 0 1. Mr. Dan Austin-4860 Rustic Way 2. Mr. Gary Dachis-20940 Ivy Lane Attorney Larson made a presentation mentioning the above two water problems. He said Mr. Austin-Rustic Way- feels that water is running off the road and across his property, damaging it. Mr. Austin feels we should do something to correct the problem and is ready to push the issue at this time. e e REGULAR COUNCIL MEETING MONDAY, JULY 25, 1983 page three . Attorney stated that Mr. Austin's property is torranced property. He also stated that we may have legal responsibilities. Attorney Larson stated that he felt we had a definate legal respon- sibility on the Gary Dachis property-20940 Ivy Lane. The City does have an easement. The land is being eroded away. Haugen moved, seconded by Gagne, that Attorney Larson research the background on 4860 Rustic Way and report back to Council. Engineer Norton and Council discussed ways of alleviating these drainage problems, mentioning both above and below ground drainage. Engineer Norton felt that below ground drainage was preferrable. Channeling drainage across the road was also discussed but Engineer Norton pointed out that, although it would be less expensive and would work, it would cause extremely hazardous road conditions. Engineer Norton noted that it would take at least a 20" pipe to properly control drainage. He gave an estimate of $30,000 to $50,000. /l. ,\ " .\ l,. Council suggested checking all options in assessment policy. Administrator Uhrhammer m~e a statement) ~e said he thought more information was needed before Council c0uld make a decision. We need to know how much it is going to cost. We already know we have a problem on Ivy Lane, we already know what we have to do, we just don't know how we are going to do it. Engineer Norton will have to figure that out. In Mr. Austin's case, the problem has to be resolved. From what I understand, listening to Engineer Norton, the only way the problem is going to be resolved is to do a storm water project on it. If thats too expensive, maybe something can be worked out with Mr. Austin to do a cement runway. Administrator stated that he would like to do Ivy Lane immediately and do Mr. Austin's property either next Spring or Fall. REVIEW OF PROPOSED ORDINANCES: Ordinance amending Ordinance #53 - first reading Two changes were made: 1. Section 6-B - Change personal to "person". 2. Section 6-B - last line - add ",swimming and diving" in between . -the. words "fishing" and "therefrom".f} y _ '. 'fJ2;t:;~~t:L ~~ Haugen moved, seconded by Gagne, t.!).';f-;H()v~ the Ordinan& as read with above corrections. e e REGULAR COUNCIL MEETING MONDAY, JULY 25, 1983 page four REVIEW OF PROPOSED ORDINANCES continued . Ordinance amending Ordinance #77 - first reading Tad Shaw, liaison to the Planning Commission, reported that they felt that tennis courts were more of an infringement because of: 1. fence height 2. lights 3. noise Planner Nielsen will be asked to do some research on tennis courts in other Cities. Haugen moved, seconded by Gagne, to pass the first reading. Motion carried unanimously. Minnegasco Ordinance: Administrator reported that we had received an ordinance from the Suburban Rate Authority and one from Minnegasco. He talked to Greg Moore from Plymouth, who works with this a lot,and was told that Plymouth is accepting and recommending the SRA ordinance. Administrator Uhrhammer suggested that we hold off for a while on this one. PLANNING COMMISSION MEETING: Liaison Shaw reported that the Commission had discussed Hauptman and the Swimming Pool Ordinance. PARK COMMISSION MEETING: Shaw reported that the Commission is hard at work on the Festival of Parks. He said they really seem to be enjoying themselves! Council was pleased and wishes them good luck. Matters from the Floor: Rob Snyder and Don Peisert from Shady Hills were present to discuss a piece of City land just South of Shady Hills, the Shorewood Park Land. Haugen appeared familiar with it and said they are interested in dredging the little pond and getting some park equipment. ATTORNEY'S REPORT: Bruce Resolution: Page 2-article l.-Correct $394,200 to read $294,200. Rascop moved, seconded by Haugen, to accept the Resolution as corrected. Roll Call vote - unanimous. e e REGULAR COUNCIL MEETING MONDAY, JULY 25, 1983 page five . ATTORNEY'S REPORT continued Naegele: No further information Greenwood: nothing scheduled Mike Marshall: appealing case. MAYOR'S REPORT: Gagne-Leonardo's appointments Park Commission Liaison Cable Commission Hazardous Waste Audit Committee Shade Tree Disease Haugen moved, seconded by Rascop, to approve the above appointments to Councilmember Gagne. File with Resolution #1-83. Watershed District: DNR permit - Lake Virginia ramp in and functioning, with no permits, drainage plans, etc. applied for. Elected Officials Boat Trip: 1-- /17 t! 0 Aug. 6, 1983, Lady of the Lake, call Frank Mixa at Wo.teu,llcd if interested. COUNCIL REPORT: Harold Johnson property Stover asked, because of zoning conflict, to put on next agenda for reconsideration. Joint Council Meeting: Haugen reported August 4, 1983, at 7:00 PM a field man fvom Senator Boschwitz's office, Don Mosher, will be hosting multi-city meeting inviting Council members, Administrators, and the Commission members of Shorewood, Deephaven, Tonka Bay, Greenwood, and Excelsior, to see if they have any questions on whats going on at the Federal level. Minnetonka Cable Commission: Haugen reported that August 9, 1983, at 5:30 PM consultants will be presenting proposals on doing initial work that is necessary on~- P2:Ea..1.'1. ,~~_ k:-~~-~ VvL.. c-Z7<--- ~~ ~~<-<L..~.c e e REGULAR COUNCIL MEETING MONDAY, JULY 25, 1983 page six .. COUNCIL'S REPORT continued Mayor's Open House: Mayor Rascop asked that it be put in the next newsletter that on the second Tuesday of each month, from 7:00 to 8:00 PM, he will be available to answer any questions from the Public. ADMINISTRATIVE REPORT: Amesbury Pumphouse Haugen moved, Rascop seconded, to pay $300. to the Amesbury Assoc. for painting the pumphouse. (1/3) Meetings Zoning Ordinance Review - August 3, 1983 (Wednesday) 5:30 PM Employee Policy - August 3, 1983, following above meeting Informal Items A v,ery productive Special Assessment Policy Setting Meeting was held. There is one remaining issue to be resolved, then the policy will be complete and Council will get it for review. Council will get the Contingency Fund information soon. Arnie Carlson said we did much better than previous years on our audit. Water, sewer and liquor depreciation will be listed under Operating Expense instead of Other Expense, which will help us. The possibility of buying a back-up generator was mentioned. APPROVAL OF CLAIMS AND ADJOURNMENT: Moved by Stover, seconded by Shaw, to approve claims for payment to be followed by adjournment at 10:55 PM. Motion carried unanimously. General Fund [acct #00166] Checks 27420 - 27460 = $15,411.95 Liquor Fund [acct #00174] Checks 1230 - 1251 = $19,213.25 Respectfully submitted, Mayor Susan Niccum e e GENERAL FUNDS - BILLS PAID SINCE JULY 20, 1983 Check # TO WHOM PAID .. 27420 27421 27422 27423 27424 27425 27426 27427 27828 27429 27430 27431 27432 27433 27434 27435 27436 27437 27438 27439 27440 27441 27442 27443 ' 27444 27445 27446 27447 27448 27449 27450 27451 27452 27453 27454 27455 27456 27457 27458 27459 27460 James B. Hauptman Evelyn Beck Roger Day Roberta Dybvik Dennis Johnson Sandra Kennelly Sue Niccum Brad Nielsen Robert Quaas Dan Randall Doug Uhrhammer Kathy West Don Zdrazil Minnetonka State Bank State St. Bank & Trust Co. Evelyn Beck Sandra Kennelly Roberta Dybvik Holiday Inn Mary Kennelly Robert Rascop Mn State Document Ctr. Budget Paper Co. Certified Laboratories Matthias Roebke NSP Doug Uhrhammer Hennepin County Metropolitan Pump Company Midwest Asphalt Corporation Pepsi-cola/Seven Up Red Wing Mobil Service Reynolds Welding Co. Shorewood Tree Service Sun News Tonka Printing Water Prod. Co. Municipal Finance Officers State Treasurer City of Shorewood PURPOSE Escrow salary " " " " " " " " " " " " IRA Mileage Mileage-Election & Sun Mileage Clerks Schooling Clean City Hall Calculator for Sue Subscription-Fire Marshall Code Book Supp lies Wash Solvent-Shop VOID monthly accounting electricity Mileage Board and room Lift Station-air pumps Road materials pop for city hall machine tire repair-truck #1 Glass for welding helmet hauling brush Public-Pokorny Sewer Statements Water Supplies 1980 Gov. Acctg, Adtg, & Fin. Rept. PERA Petty Cash AMOUNT $ 534.12 561.57 531. 82 446.76 531.82 508.54 404.17 618.73 719.02 543.36 698.94 374.59 649.40 1,151.20 112.12 36.60 11.00 6.60 93.28 17.50 68.00 4.25 47.55 167.50 -0- 2,450.00 651.03 60.94 1,229.00 545.35 149.29 101. 25 10.50 6.75 125.00 8.12 224.00 217.04 27.50 730.72 37.02 $ 15,411.95 e e LIQUOR FUND - BILLS PAID SINCE JULY 12, 1983 Check # TO WHOM PAID PURPOSE AMOUNT 1230 G & K Services Laundry service 36.20 1231 Harry Feichtinger Salary 641.63. . 1232 Russell Marron " 426.40 1233 Don Tharalson " 179.30 1234 Stephen Theis " 257.12 1235 Sue Culver " 106.50 1236 Pat Pfeffer " 112 . 80 1237 Mary Skraba " 103.25 1238 Mark Wilson " 273.39 1239 Dean Young " 323.12 1240 Minnetonka State Bank FWH taxes 290.10 1241 Day Distributing Co. June beer 2,300.45 1242 Griggs Cooper Liquor 2,629.68 1243 Johnson Bros Liquor wine & liquor 357.91 1244 Ed Phillips & Sons wine 457.64 1245 East Side Bev. Co. beer 4,067.90 1246 Pogreba Distributing Co. beer & misc 4,917.92 1247 Ed Phillips & sons wine 227.34 1248 Minter-Weisman Co. cigarettes & mise 1,025.07 1249 VOID -0- 1250 Matthias & Roebke liquor store acctg 150.00 1251 State Treasurer PERA 329.53 $ 19,213.25 . -- e, 3'-- . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen , Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 1 AUGUST 1983 RE: VERDORN, SID - VARIANCE TO EXPAND A NONCONFORMING STRUCTURE FILE NO.: 405 (83.27) BACKGROUND Mr. Sid Verdorn, 28210 Woodside Road (see Site Location map, Exhibit A, attached), has applied for a building permit to expand his newly acquired home. As shown on Exhibit B he would like to convert his existing attached garage to storage and workshop space and add on an attached three-car garage to the east side of the house. He would also like to add a deck on the lake- shore side of the house. Although both the deck and the garage conform to the setback requirements of the R-1 Zoning District, the existing house constitutes a nonconforming struc- ture because of its proximity to the side lot lines (7.7 feet from the north lot line and 1.3 feet from the south lot line). Since the current Zoning Ordinance prohibits expansion, alteration, etc. of the nonconforming struc- tures, Mr. Verdorn has requested a variance. ANALYSIS/RECOMMENDATION As you are aware, Section 10 of the current Zoning Ordinance specifically prohibits the extension, enlargement, alteration or expansion of nonconforming structures. Furthermore, since the existing house already has a two-car ga- rage and a deck is not considered a necessity, it is difficult to demonstrate that denying the additions would create a hardship on the landowner. A Residential Community on Lake Minnetonka's South Shore 5~ -.. ~ e, e) PLANNING COMMISSION, MAYOR AND CITY COUNCIL 1 AUGUST 1983 PAGE TWO . The Zoning Ordinance Revision currently under study by the City Council presents a more flexible position relative to expansion of nonconforming residential structures. It allows such expansion provided that the non- conformity is not increased. Since that position has been agreed upon in Zoning Ordinance study sessions and applied to recent variance requests, the applicant's request is considered to be consistent with the direction established by the City. As such it is recommended that the variance be approved as requested. BJN:kw cc: Doug Uhrhammer Jim Norton Gary Larson Sid Verdorn Kathy West e,@) ~ . :no ~ tA~7 (~) ;;F6 I 8"0 . ~!- ~4 \,.? ... ... ( - -. . , . . . , ~\&tc :" t ) c:P , -, (7) , -. frJ ~ ~; j:;~_ (8) 4: a r ~ C ~ .1 - ~ ~ cI ...J ...~ . (~. ,~.\ co ' ~ .::.l...~ _ ~_1...___ (~) o ~O . ~dOO .. ..., ~...~ - - r . '.,II'" ~~ cJ6~ ~. . .J 3 , i.., ~ '.,.ll.,- " ___ : ~ a :':- \.~... ~ O~'~t1 ~:1,.._ O~~~~~'_- ':~':: ~\-~< (I~) r r-g to. 1r" ,..... ~. 0 \ \ ~ , -~" 0't.$;.:-. r.J". .~~. .;, " ,,', \79 (II..) ~',t (;. ::J ....,,'.), tc.>'r-\\'~ "'-...,. ~ tfb . . . _---------t J~. ,';. . - :'.. __ ,<. _ _ ~:~--. ~ (r".., --- '~--:-;-::' ;,' ~ . .... ;" _ _....... . I - {."JJ; j ''': J , " l? I> 0/- :-: ~- ~~. \ J wi... ,. (11:$ r; . ':,~:":. ~..\.;..:.:'~: ... ... , , " -- .....,.., '- ..1ft i :-. : _ it .~. 'I ~ .'1; Q:' :"1 I :.,.,s,' I.4J ,I'~-~Q B"-J,. -r-:-::-: -..J I , .;:) ~-" /..'=t...' 0 . ./.';":, ~ - ---. ...., . ... _w two~( - l)j .:- ~ , .-~ ... '" . ..j ..:.. ~~ .~ 'J .. " . . \ .... .... (I") ~.; _f.-.\ ' ()I,..; "Qt- .. J .. '. i I . I'j' . , ~, , " I: ;' r-, ~I" · ~ { iq;~~~5.. . ..,J . 8"~, Q{- I '" I. . . "'~IO) . ,).~~c..p. ~ . p' '. ~<.: ..... , _~. d~?!A (II) '! < · c. '" . .:a.- .. ..... .. . ~.,f- --- -.----~ :~~~.:. :~": ., .' :)<6 ~:>5 E1. (,,) ~ '. '~::",. 0 ')f).} \ ~ (10) (z~\~~C]5 ,... '~ ~: ....f. :.~," 7t' .., ''''l' (8)' ~. 2 ~t; r J C' 'd ~ - . ~': ~'"'t :,-: ..:b')' '3'. ~. O. ~ ...40.\.. ..,~ '.J" .- w. ~C'~ ; .'" c..1 , . 'Cl' "J ~. C ...~ """Q' , " ...~.. - ... """ . , "y--' Z....o . , . . .. '. . I '.. - 'III I. ......., _. . . ' ,'. -~ ..- . s.. .. -::< . . .... " 1r\,~4~..~ : l-t.t;. o~ -~- '''~ ....,2 ~ .....f~...:~~ 'r,'~ ........ (I~l :.... ()'I ~~ ; ~ OCO'''~.:~~ . _ ~ ~<.. Exhibit A SI'l'E LOCATION Verdorn - Variance structure or ... : t\. ., ,",". ~.~ ;,' .' .. / ~ ~ < I \ . .. \ . R.L'iS, ~ dl't ~O j (/1 .. : .. .... to expand a nonconforming \ ~_ IJJa ...' /$ . _.. .. 1l.~"4 Uf.. .7 # . \0'<>' 1"'!~~ , I "', '~'" I ',,,,, '" ~ "'A"" ~ -"' '. ""'" , , , ~I ;~~~ ~\ " , I ,<< n~ . I '" I ~ I l~ ;~\ "t~f..J ,. I : , ,~,.- .)M1l'(CI,)'j H, , .., "'=:;y~ - 'I . / "/ .'..... -~ ~ ' , '. 6;..t' I'" ,. . ....__4 . . -- .. . 1.1' I , I fl.1 ~ INCA IolO.Y::f. ~ .., .0' r(\ '(..>J ....... .:""), ....... '-, ~I q ~ ',' ~.c 7.; \'... -' ~"\ :)\ 1 t:-- ,;)i..--p..,"~ 'e, ~ ".s -:z. - " t( -- i'";' Sl1'r rN~ATlQ.\l ~tN f R01 ::.vR\ ~r ~1\;t7 ~IB'!~ S, ,J)p~:/J'" ~ I ~I "1 (.,V. IN::, ..,,0 1 ~ ~-K!-} ~ ~ , of It~,;"'i I ~,;.'E,.vf;: TCFt:) ""l\r--..:, ~-",:..,:.., i No. 1~9 J ';'~L"--i"",~"'N ~1._~1"i I MN. R--chi bi t B PROPOS::';] .3rr~ PLAlJ . .... ~ .,-,' I f'j ~ . . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: KATHY WEST DATE: AUGUST 5, 1983 RE: SID VERDORN - REQUEST FOR VARIANCE TO EXPAND A NONCONFORMING STRUCTURE At the August 2, 1983 meeting the Planning Commission recommended that the Council approve Mr. Verdorn's request for variance to enable him to add a deck and garage to his house located at 28210 Woodside Road. Watten made the motion based on the Planner's report, Shaw seconded, and the motion carried unanimously, 5-0. Ayes: Watten, Reese, Shaw, Boyd, Benson. cc: Planning Commission Brad Nielsen A Residential Community on Lake Minnetonka's South Shore 3b ?1. e e . .~ . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 28 JULY 1983 RE: TEX-SOTA CONSTRUCTION (MINNESOTA MINI-STORAGE) CONDITIONAL USE PERMIT FILE NO.: 405 (83.28) BACKGROUND At its 13 June meeting the City Council approved a request by Bruce Hubbard to amend the Zoning Ordinance to include self-storage facilities as a conditional use in the C-1 District (Ordinance No. 144). At its 27 June meeting the Council rezoned the property located at 19545 and 19585 State Highway 7 from R-1 to C-1 (see Site Location map, Exhibit A, attached). Mr. Hubbard has now submitted the application for a conditional use permit allowing him to proceed with his project. For additional background you are advised to refer to the staff reports dated 11 March and 19 May. In revising his plans to fit the requirements of Ordinance 144, a copy of which is attached as Exhibit B, Mr. Hubbard has requested a variance to the 50 foot setback adjoining a residential district. This will be discussed in greater detail in the following section of this report. ISSUES AND ANALYSIS Mr. Hubbard's request is subject to the requirements of Ordinance No. 77, the Shorewood Zoning Ordinance, and its amendments. Of those amendments, Ordinance 144 (see Exhibit B, attached) relates specifically to self-storage facilities. The following issues should be considered in the review of this request: A. Ordinance 77. 1. Allowable Lot Coverage. The Ordinance prescribes a maximum precentage of lot coverage for "all structures" of 70%. The appl icant I s revised site plan (Exhibit C, attached) indicates a lot coverage of all structures and paved areas of 66%. 4q n; outh Shore e e Shorewood Planning Commission, Mayor and City Council 28 July 1983 Page Two . 2. Setback from "R" District Boundary. As mentioned in the beginning of this report, Mr. Hubbard has requested a variance to this requirement. The Ordinance requires a SO foot setback adjoining residential zoning districts. The proposed site plan shows only 40 feet along the east lot line and 35 feet along the south property line. Mr. Hubbard has noted that the project could be rearranged to comply with the strict letter of the Ordinance by moving everything 10 feet to the west and 15 feet to the north. The current Zoning Ordinance does riot require any front yard setback or setback from abutting streets. The applicant feels that complying with the Ordinance in this instance would result in the destruction of the existing trees along the west and north sides of the property. From a design perspective the applicant is considered correct. Given the amount of landscaping proposed along the south side of the project, the heavily wooded area on the lot to the east and the limited develop- ment capability of that lot, little would be gained by moving the pro- ject into compliance with the Ordinance. Furthermore, the project as proposed will conform with the front yard and side yard abutting a street requirements of the new Zoning Ordinance. 3. Gross FloorArea and Floor Area Ratio. Ordinance 77 limits gross floor area in the C-1 District to 3000 square feet and floor area ratio to 0.6. These requirements were amended by Ordinance 111. The applicant's site plan is considered to be incompliance with the provisions of that Ordinance, specifically: a. Landscaping. The retention of existing trees and the amount of landscaping proposed is considered quite acceptable and should set a good precedent for future development along Highway 7. It should be noted that a detailed landscape plan must still be submitted showing size, species and spacing of plant materials. b. Drainage. The applicant has proposed a storm sewer system to collect all runoff from his site and route it to an existing MnDOT system along Highway 7. Final approval of the C.U.P. should be contingent upon acceptable review and comment by the City Engineer and MnDOT engineers. c. Traffic. This has been discussed in the previous staff reports. Of all the uses which could be made of this property, the proposed project should have minimal effect on traffic counts in the sur- rounding area. d. Parking. The proposed parking layout shown on the applicant's site plan is consistent with the requirements of Ordinance 144. e e . Planning Commission, Mayor and City Council 28 July 1983 Page Three B. Ordinance 144. The provisions of this Ordinance were based largely upon the applicant's original proposal, then modified based upon the concerns of the Planning Commission affected residents. 1. Landscaping. Item A.3.a. on Page 2 of this report touched briefly upon the landscaping requirement. Since a great deal of emphasis has been placed upon the retention of existing trees, it may be wise to require that construction limits be established and staked out on the site prior to construction so as to ensure that existing vegetation is not disturbed. As part of the detailed landscape plan the developer should submit a written bid from a certified nurseryman giving an estimate for work based upon the plan. The City should then require a performance bond or letter of credit for 1~ times the amount of the bid. The bond should be effec- tive for at least one growing season after the landscaping has been com- pleted. 2. Building Height. Ordinance 144 places an additional height restriction on self-storage facilities by limiting buildings within 50 feet of any property line to one story or 15 feet, whichever is less. The applicant has revised his original plan accordingly. Whereas he had previously shown the two easternmost interior buildings as two-story structures, he has redesigned the layout so that the two buildings numbered 2 and 3 are two-story. Periphery structures comply with the one-story requirement. 3. Drainage and Grading. Prior to issuance of a building permit, drainage and a grading plan should be approved by the City Engineer. 4. Off-street Parking. The Ordinance requires six off-street parking spaces. The applicant's site plan shows five designated spaces plus one garage space reserved for the use of the resident caretaker. 5. Performance Bond. In addition to a landscape bond, the City Engineer and City Attorney should comment as to the need for any additional bond relative to site improvements. C. General Site Plan Concerns. 1. Combination of Lots. The property in question currently consists of two parcels. These should be legally combined into one parcel prior to issuance of a building permit. 2. Fencing. Ordinance 144 requires that the entire project be completely enclosed. The applicant has proposed to do so by means of his periph- ery building (number 4 on the site plan) and a six-foot, chain link fence along the east side. Ordinance 107 requires Council approval and the approval of neighbor(s) to the east of this site. e e . Planning Commission, Mayor and City Council 28 July 1983 Page Four 3. Signage. The applicant understands that signage is regulated by Section 12 of the Zoning Ordinance. So as to avoid coming back at a later date it is advised that signage be considered along with the C.U.P. RECOMMENDATION Despite the need'for a setback variance, the applicant's plans are considered consistent with the requirements and intent of Shorewood's development regula- tions. Based upon the preceding comments and subject to review and approval by the City Engineer and City Attorney, it is recommended that the Conditional Use Permit and setback variance be granted as requested. BJN:kw cc: Doug Uhrhammer Gary Larson Jim Norton Bruce Hubbard Kathy West o ,. (/I :I: o :;u (""lm - ~ .....0 -<0 o ,-. ~ ... .. '" ------ , , ~f/ tv) t,-1 _ ____ _HL__ ~- '11f 7\' , l.... ,-V (()/~ 1 I" GOt.2 I II ~~ IE .0' e ~~-i '._ .11 e 'H" ~.~ ~ II.S ~~ ')/ ~GJT--i ~ l' ~€) ~ - 0'10 ~ ~. lc;. ()., SI ~?dYr:-!:J I I I 8t"'" O~O r .' .., ,~ I ~ ;Z;o " I I C,~;"'I) "'l'" i---1- - '-- -- I.. (.,q'~1 I. ~-~ ~ ~ <.a-f.) \ b( 1.711 ~ --, \.> I Z At'" I,... J('bJ ,~ t...., r . ,6\, c,tel?l " 'Z If - " ~ .. J> '1::, ... ",r, ~\: .~.. o"S' " /, ,c..1. \.&-1 t 'M s::: 'M :;,,: m+' +' 'M g e rJ (J) 2ll-o 'M (J) .. rn -::,~ (") -4 -< ~) ....... .......~-:r ~-- -r- u .., '1"'" -- oiJ \ -o~ 1 \ \.Y) ~I <..~ \ 5nLIj/ ~I ~I}~' I .4.'t -1/ I'J ~ 'l'tLI , , ~ e . .. ORDINANCE NO.~~~ AN ORDINANCE AMENDING ORDINANCE NO. 77 IN ~HE CITY OF SHOREWOOD An ordinance amending Ordinance No. 77 in the City of Shorewood, being an ordinance for the purpose of promoting the health, safety, order, convenience, prosperity, general welfare, by regulation of the use of ~and, location, area, size, use, and height of buildings on lots in the density of population in the City of Shorewood, Minnesota. City Council of the City of Shorewood does ordain: Section 1. Ordinance No. 17, Section 4, Subd. 6, shall be amended by adding the following definition: "SELF-STORAGE FACILITY. Any facility that is designed and used for the purpose of renting or leasing an individual storage space within the facility for the purpose of storage only. Such facilities are different from public warehouses in that the public has access to their storage space. for the purpose of storing and removing personal property and the owner does not issue a warehouse receipt, bill of lading, or other document of title, for the personal property stored in the storage space." Section 2. That Ordinance No. 77, Section 23, Subd. 2, be amended by deleting B in its entirety. Section 3. That Ordinance No. 77, Section 23, Subd. 3B, be amended to read as follows: "B. Self-Storage Facility as defined in this Ordinance provided that: 1. The property is screened and landscaped in accordance with a landscape plan approved by the City Council. 2. The entire facility is located within a complete enclosure. Such enclosure shall conform to applicable City codes and ordinances." Exhibit B1 ORDINANCE NO. 144 e - "3. The access to the facility shall be by a .. security gate. 4. The hours of operation shall be limited to 1 a.m. to 10 p.m., Sunday through Thursday, and 7 a.m. to 12 midnight, Friday and Saturday. 5. The lighting shall be hooded and so directed so that it is not visible from the pu.blic right-of-way and any abutting residential district. 6. The structures shall conform to height restrictions of the C-l District. In addition, all structures within 50 feet of any property line shall be limited to one story or 15 feet, whichever is less. 7. The storage is confined to enclosed permanent structures. 8. The use of all structures shall be limited to storage only. No retail service businesses or workshops shall be allowed. Each facility shall have one residential dwelling unit to be used only by a resident, caretaker, or manager. 10. The entire area, other than occupied by the buildings or plantings, shall be surfaced with material which will control dust and drainage and is subject to the approval of the City Engineer. 11. The number of off-street parking spaces shall not be less than six. No on-street parking shall be allowed. 12. Loading areas shall be located entirely within the site which will be designed so as not to require backing in from a public street. 13. The applicants shall provide a performance bond or letter of credit to assure completion of the facility in accordance with the plans and specifications approved by the City Council. The amount of the bond shall be established by the City Council at the recommendation of the City staff." Z:<hibit B2 ORDINAlmE NO. 144 cont'd. N'lf1d --ZTi s c ::rrr ^@:I 8 ~ 1q 1t[^-"8 L--~ > , \ 'l .' ..... ...,...~. ~~ .~ - ...II -....... J..4_Jl l ...... 4- . .. .. - ~ .- .. ..- .. ~ ':- - . . e... - ~-':'... J~"""'.6. I~"'.;--;-..;-;-;~. \. . ~ ~, ~ 1"- ~ , 'r- '1 [-- i~. ~ Ii :~ 1 If; ~ ~ I I .......----.. ~......, WI" _ ~ ... ---' . ...... Ill...... ..., ~ _,;_.~ ~.:i-(jr.c '-.r-- I 'r. N ~ .. .I ~ '* :~. 't', ~~ L---------..--:;n . ~ . 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'.~ j~f):D\:o~}:,':/"~>~". .....,. ,:. . ~-Us; :.V.....\::J.~'.,.';.:~~...~..~1fy., \~l'e. ~) ;, ".~~ :"; .... ~;<-......:.~~:. . CC 1..0 ~...i 1l';:'. . ., V..LO.J.. :'.. ,'....' . ".. );-..-.,..1.., ~ .~~ ,..i' ".' .,.. ,t....:~ ..:,,,, ......c:a tt .J" .. ."" . S; .. :~'...:_ f;~,.. ' ~ ...... fAt ,.. ......... . . - . :. .' f~ ',)' ',.' . ./. '.. " .... " ", '.' . C.:. 1,::-; . ~ I 7:, Si r. ~ ". ~',. t '::" ~ ~'~'.~,.;..:':;',:':O"Of'S' .>:,.~ .. "'f . ~ >~,}: ..,a::.,.. ._".. A:. Iii J...' fl .. I. , : .,' ," ~.... ..'\'.~.. ^:\~'~;~.l"..r~" :t:'Otr'~';' .~...\' '.~ ,.., ; ,t.~.._~ ""'..." I '. ....&..~.,.,.., ,....,. ~ ........ .... ,"~ .,.'.,.. ~N'a-'I'~ ::.:~}:>.: ~~~.: ~S'OVV-=-? . - "'. " ~._2 I IQ. }'/$ 'i.p C:k~7:0cp. V1. .,V:::{ ~. V . . h '~ .. . , .. . J .... .. . '. 'N' ~~ . . '.. ., i .... . '.." I . ',. ... . -.:' '. . ~""-"f"" " ~t<.~). ~~.>~:,.- '. :.:. ... ,"', ~.,:' ~~.:I ~'.' . ..,. ~ .- ". -', t. ~,. L ~ }'ti. :'. lW~ ",-= ,'. ~ . . :--.,: ".'i: It. 'I ,,:. '~J ' to ~" ~",'.:, ,..:..... .,J . e e .; CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: KATHY WEST DATE: AUGUST 5, 1983 RE: TEX-SOTA CONDITIONAL USE PERMIT At the August 2, 1983 public hearing the Planning Commission recommended that the Council grant the request for a conditional use permit to Mr. Bruce Hubbard of Tex-Sota to construct self-storage facilities on the property located at 19545/85 State Highway #7 subject to the following: 1. Acceptable review and comment by MnDOT and the City Engineer. 2. The lots in question are combined prior to issuing building permits. (Motion by Shaw, second by Reese, carried 4-1. Ayes: Reese, Shaw, Boyd, Benson. Nay: Watten) The Commission also recommended that the variance to the setback requirement from an R-District be granted, specifically, to permit construction 15 feet from the south property line and 10 feet from the east property line. (Motion by Shaw, second by Benson, carried 4-1. Ayes: Reese, Shaw, Boyd, Benson. Nay; Watten) cc: Planning Commission Brad Nielsen A Residential Community on Lake Minnetonka's South Shore 'IiJ ili", 1 , -I I l :j./ I . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Robert Gagn. ADMINISTRATOR Doug Uhrhammer . 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 13 MAY 1983 RE: JOHNSON, HAROLD - REZONING AND SIMPLE SUBDIVISION FILE NO.: 405 (83.14) BACKGROUND Mr. Harold Johnson has requested approval of a rezoning and lot split for his property located at 6055 Lake Linden Drive (see Site Location map attached). The property is currently zoned R-2 and is occupied by Mr. Johnson's home. He has asked that the property be rezoned to R-4 in order to allow him to split the parcel into two lots, the southernmost of which could be used for a two- family dwelling (see Exhibit B, attached). Surrounding land use and zoning are as follows: north - undeveloped (Lake Linden), zoned R-2 east - single family, zoned R-2 south - undeveloped, zoned C-3 west - two-family dwelling and undeveloped, zoned R-2 According to the applicant's survey the property contains approximately 51,000 square feet. As shown on Exhibit C the site is on a hill overlooking Lake Linden Drive. Sa..- A Residential Community on Lake Minnetonka's South Shore . , ~ PLANNING COMMISSION, MAYOR AND CITY COUNCIL 13 MAY 1983 Page Two . ISSUES AND ANALYSIS When Mr. Johnson originally came in with a proposal, it was to divide his prop- erty into three lots, one of which would contain the existing house. To have done so would have required variances for lot area for two of the lots. Upon review of the division,.the City Staff determined that in conjunction with any division of the property in question, the City should require additional right- of-way for the purpose of straightening Lake Linden Drive in the future. The City Engineer determined how much area was needed to straighten the street and establish safer sightlines. The r.o.w. acquisition reduced the area of the prop- erty by 8000 sqare feet and increased the discrepancy between required and pro- posed lot sizes. Since it is not considered fair to the applicant to reduce the number of lots in order to solve a City problem, it was suggested that he apply for R-4 zoning on the property. This would allow single family homes on 15,000 square foot lots or a two family dwelling on a 20,000 square foot lot. Anything more than that requires a minimum tract of 2~ acres. The trade-off being suggested resolves the City's problem while still allowing the applicant three units. From a land use perspective, a two-family dwelling fits quite well in the area. As noted in the Comprehensive Plan and the recent Schmidt rezoning immediately across Lake Linden Drive, the area should be con- sidered for transitional land uses between the commercial area south and east to lower density residential neighborhoods to the north and west. One additional item requested by the applicant is that the existing garage be- hind the house be allowed to remain. In order to do so the new lot line would have to be 25 feet south of the garage (the rear yard setback for the R-4 District). RECOMMENDATION Based upon the preceding analysis, Mr. Johnson's request is considered reasonable as well as being an opportunity to correct a potentially hazardous street. As such it is recommended that the rezoning to R-4 be approved and the subdivision allowed subject to the following: 1. The applicant should deed the required right-of-way to the City as per the City Engineer's plan. 2. The southerly lot should be at least 20,000 square feet in area. 3. If the garage is to remain, the lot line between the two lots should be located 25 feet south of it. 4. The City should require that access to the southerly lot be provided as near to the southeast corner of the lot as possible. BJN:kw cc: Doug Uhrhammer Jim Norton Gary Larson Harold Johnson .. '" 7 <9 ,~ :St;I-r~ " .~ f.,/O I ~) ~'. ' ~ J 10 , · '.:t',: "- \\. " " P' . r, .. I: . , ~. ". - " i~ ~) 11 . 14 ,". . //1.0\. ,-,) ,~ ~ . ::4 -'~ - .. -'lJ,'~'" .,- -JAi-~4 -..;' ,. "'5 ~.. ~' ~\~ :~ '., ::d . ~ I\C ',~) ..... .... \11 Q) ~ " . , '. '0 '-a l", ~ 170 , \, 169 f1.) ',- tNor~ t ,tt. z.oo "' ~ ,:~..: - - - - \X' ~UQ' 4.- ~ ~.. .. .~ 172 .:~- '0 .... ...; tll) 173 - .. . ~ ~ ~ . . . .~ "....., "'J ,,' j~J. \' - .- ,---~ (56) ", ... ~. o~ .. ... . -. 9A-~I .... ~ -. n\'-J\I su~ . " 'J ... ~} 63 , " ~10 ')~';~ '- -,,'~e- ~ .. 1:; .,. .. I '"'... . . r .1' '. *.. .," "t5~~~ I-"tl ~. I I ,~) I ' I " I :. ". I 3 \. '0(0 l '" . b .,~. .", ::'t'''\~ ~' '84 ' ;'r. t. . . :.' .1>,.... .~~.....- ~ ~"....~ , :A " \ 10 -'. ."..r i I " .... . ~;:~Cfii Exhibit A SITE LOCATION Johnson Rezoning and Simple Subdivision .... ,. . . \ \ ", , \ \ ~ , , , , , .I , ;' \ '\ \. \ ~' '" , ,/ /' Jl~'''- tJ~ ~o~, /: -~, \' [."f,,,,,_ ~"jt \--W ~, ~" " -- ','" ,..... "'-<.0-- -~ r;,.o - fUn/..... / s~ Fr t:!'c)Q _II ( 1 ,; ~ 0, ~A fo.4~. PcP---' t.J Pro ,.,.,...cL O\,,\~\O~ \ Exhibit B PROPOSED DIVISION tN . , , "~, . ~ . l-..~c, Exhibit C SITE AND AREA 'rOPOGRAPHY .,. 'e, ~ I I \ r I \ \ I ) \ , , , .'" (. , . ORR.SCHELEN. MAYERON & ASSOCIATES, INC. . Consulting Engineers Land Surveyors III February 28, 1983 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Doug Uhrhammer City Administrator Re: Lake Linden Drive "Re-Alignment" Dear Mr. Uhrhammer: Attached is a plan and cross-section of the proposed Lake Linden Drive Re-Alignment. With a 210 curve, the proposed roadway location will assume a flatter curve with the proper sight distance for a 30 mile per hour speed limit. The cross-section shows a proposed street width of 24 feet. This is to match the current street width of 22 feet. In the future, however, the classification of this street should be reviewed. If it's going to provide a collector status function, it should be designed as a collector street throughout its entire length. Approximately 8,000 square feet of additional right-of-way is required to accomplish the proposed re-alignment as shown. While the actual work on the street may not be done immediately, the right-of-way should be acquired when the adjacent property is sub-divided. If you have any questions, please contact me. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~ P. f/~ James P. Norton, P.E. JPN:nlb' Enclosure .... . 60' ( VARIES) r EXISTING .. PROPOSED STREET l + ~ 12' + 12' 4 I , 1/4'1FT. (MIN.) .., SHOREWOOO . NOTE: I. Il = PROPERTY L IHE SHEET 2 IS DRAWN AT A 2. DIFFERENT SCAlE THAN SHEET I 3. R/W = RIGHT OF WAY SECTION A - A SCALE: \ I": 20' .. lay: """""" , T " , ORR. SCHELEN . MAYERON at ASSOCIATES. INC. "21 UI' "U.(~I. WI . IUIll lJ1 .1""U~OIIS. .IIIIIISOU ~~IJ' 'Ill JJl _ 01111'_ 01' ..01 ~ULTA.T' ,IIIC , MINNESOTA rEAST R/W SLOPE EASEMENT LN: 30' + .~ URBAN SECTtCW TIR:>UGH CUT AREA (NO OtTOi) Drowi... Title CROSS SECTION LAKE LINDEN DRIVE · RE -ALIGNMENT.- C Offt. lite. 1744 $"... .... 2 t - 6 5 140'% o N . ( SCHM lOT REZONING ) _I T ! ~~ D-- N--t:::> SCALE ~I".!SO' - --.,... - y -- r~ ~( < '" +- ~ f\\ ..0..... ~ .0' . .. a;Q LINDEN DRIVE ~n:.=-E-AlIGNMENT · '-A.A.) Oro... By; Dete: Com.. No. M.R. M. 2/23/83 1744 MARIL YNWOOD 4 I OUTLOT o - o . .'1 ----;,- , . :'..1 s..... No I ~ e e CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 17, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. . M I NUT E S CALL TO ORDER Chairman Benson called the May 17th Planning Commission meeting to order at 7:35 P.M. ROLL CALL Present: Commissioners Bob Shaw, Bruce Benson, Frank Reese, Janet Leslie (late), Richard Spellman, Mary Boyd: Council Liaison Tad Shaw: Planner Brad Nielsen; Secretary Kathy West. Absent: Commissioner Vern Watten, business commitment APPROVAL OF THE MINUTES April 19, 1983: Boyd moved, Spellman seconded, to approve the minutes as written. The motion carried unanimously, 5-0. (Leslie arrived) May 3, 1983: A typographical error was noted in paragraph three, page one, under SIMPLE SUBDIVISION - DeMALIGNON. Shaw moved, Benson seconded, to approve the minutes as corrected. The motion carried unanimously, 6-0. PUBLIC HEARING - JOHNSEN REZONING REQUEST, SIMPLE SUBDIVISION - 6055 LAKE LINDEN DR. Chairman Benson called the public hearing to order at 7:44 p.m. by reading the legal notice as published May 4, 1983. Harold Johnsen was present. Planner Nielsen ex- plained the request to rezone and split property located at 6055 Lake Linden Drive (see Planner's report, attachment #1; Engineer's Report, Attachment #2). It was noted that Johnsen had first requested to split the 51,000 square foot parcel into three lots, one with the existing house and two small lots to the south, requiring a variance. In reviewing the request the City Staff suggested that additional road right-of-way be acquired along Lake Linden Drive to straighten the road. As a re- sult of this Mr. Johnsen decided to split the parcel into two lots, one with the existing house and the second with 21,000 square feet. Johnsen could have requested R-3 zoning to allow construction of a double, but because of the r.o.w. acquisition, the Staff noted that the size of the south lot would have been too small for a double and suggested R-4 zoning. Nielsen noted that there was some flexibility as to the location of the dividing line. Under the proposed zoning the required setback from the existing garage would be 25 feet. It was noted that the proposed rezoning was considered appropriate from a land use perspective given the surrounding land uses. Mr. Johnsen questioned the 3:1 slope easement along the r.o.w. as outlined in the Engineer's report. He expressed concern that the existing tree buffer would be removed. It was noted that the slope was necessary for proper sight lines but Mr. Johnsen would be allowed to replant on the easement. A question as to whether it would be possible to save some of the trees was raised. Commissioner Shaw questioned the access/egress point for the south lot. It was sug- gested that this be via the cross street and not directly onto Lake Linden Drive. Johnsen aaded that a driveway already exists. . - e e PLANNING COMMISSION MINUTES MAY 17, 1983 PAG~ TWO . Commissioner Reese questioned whether the setback restrictions on the south lot would allow building. It was noted that the R-4 requirements were less restrictive in terms of setbacks. Reese also suggested that some of the trees along the road might be saved by constructing retaining walls. There being no further comments from the public, the hearing was closed at 7:35 p.m. Reese moved, Leslie seconded, to recommend to the Council approval of the rezoning as requested. The motion carried unanimously, 6-0. Reese moved, Spellman seconded, to recommend to the Council approval of the simple subdivision with the following suggestions: 1) That the division occur as close to 25 feet south of the garage as possible in order to make the south lot as large as possible. 2) That future work on Lake Linden Drive take into consideration the use of some type of retaining walls to minimize the loss of trees on the lots in question. 3) That the additional right-of-way be platted at this time for future road improvements. The motion carried unanimously, 6-0. PUBLIC HEARING - REZONE TO P.U.R.D. (Boulder Bridge) Chairman Benson called the public hearing to order at 7:57 p.m. by reading the legal notice as published May 4, 1983. Staff explained that the property, located at approximately 28000 Smithtown Road, had been rezoned and the project approved previously by resolution rather than ordinance. The hearing was scheduled in order to amend the Shorewood Zoning Ordinance and map. There being no comment from the public, the hearing was closed at 8:00 p.m. moved, Benson seconded, to recommend that the Council adopt the rezoning by nance. The motion carried unanimously, 6-0. Shaw ordi- PUBLIC HEARING - BOULDER BRIDGE OUTLOT E - PRELIMINARY PLAT, REQUEST FOR VARIANCE Chairman Benson called the public hearing to order by reading the legal notice as published May 4, 1983. Tom Wartman was present to explain the proposal. He noted that the original plans for Outlot E, showing a loop road, had been changed after studying the topography. The road now has a horseshoe configuration. The number of lots remain the same, 19, all meeting the minimum square footage requirements. He added that the alter- ations fit the contours better, there will be less asphal~, but some grading will still be necessary. The proposal includes plans to move the existing pond 40 to 50 feet back from Howard's Point Road. This would allow a greater buffer and the trail system, Outlot C, would go around the complete area to follow the perimeter of Outlot E. . ( Wartman said they were attempting to stay with the same drainage patterns as shown in their initial watershed studies. He outlined runoff and drainage from the site noting that th majority of the water is directed to the pond area, as well as draining across the Outlot and eventually into the wetland which acts as a settling pond and then overflows into Lake Minnetonka. . e -~ . ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 53, AN ORDINANCE REGULATING THE USE OF VEHICLES AND OF HIGHWAYS WITHIN THE CITY OF SHOREWOOD INCORPORATING PROVISIONS OF THE STATE HIGHWAY TRAFFIC REGULATION ACT BY REFERENCE AND IMPOSING A PENALTY FOR VIOLATION THEREOF. The City Council of the City of Shorewood ordains: Section 1: 6B, Fishing That Ordinance No. 53 be amended by adding Section on Bridges. "Section 6B. Use of Bridges. No person shall use any part of or be or stand on any public or private street or highway, bridge or railroad bridge for the purpose of fishing, diving, jumping, and swimming therefrom." Section 2: This Ordinance shall be effective from and after its passage and publication. Adopted by the City Council of the City of Shorewood this _____ day of July, 1983. Robert Rascop, Mayor ATTEST: City Clerk ~~ l' e e 1/.1- " City of Shorewood .. Resolution No. WHEREAS, the City of Shorewood has allocated Community Development Block Grant funds for Public Facilities Assessment grants, and WHEREAS, it is required to establish ~aximuM income eligibility and maximum grant amount. NOW THEREFORE, BE IT RESOLVED by the Shorewood City Council that the City of Shorewood establish the maximum adjusted gross annual income at current Section 8 Income Limits and the maximum grant amount at the total of the amount assessed a~ainst eligible properties. Adopted by the City of Shorewood this day of , 1983. /I~ ~ I e e ,. . City of Shorewood Resolution No. HHEREAS, the City of Shorewood has allocated Community Development Block Grant funds for Utilities Connection grants, and l'JHEREAS, it is required to establish maximum income eligibility and maximum grant amount. NO\'! THEREFORE, BE IT RESOLVED by the Shorewood Ci ty Council that the City of Shorewood establish the maximum adjusted aross annual income at current Section 8 Income Limits and the maximum grant amount at the total of the amount required to connect eligible properties to the public system. Adopted by the City of Shorewood this day of , 1983. tlh b .. ~ . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stoller ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: THE MAYOR AND CITY COUNCIL FROM: KATHY WEST DATE: JULY 22, 1983 RE: SETBACKS FOR SWIMMING POOLS FILE NO.: 405 (general) At their July 19th meeting the Planning Commission recommended that the Council adopt the proposed text amendment to Ordinance #77, eliminating any reference to tennis courts (see suggested wording below). The motion, made by Reese, seconded by Benson, carried unanimously, 4-0 (Benson, Watten, Reese, Leslie). Suggested changes: "E. Allowable Rear Yard Encroachments. In addition to the provisions set forth in A. through D. of this Subdivision, the minimum rear yard setback for swimming pools aRQ-~eRR~S-e9Y~~S shall be sixty (60) percent of that which is required for the zoning district in which the pool 9~ ~eRR~S-e9Y~~ is located. Rear yard setbacks for lakeshore lots shall be as provided in this Section." e e CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 19, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. . M I NUT E S CALL TO ORDER Chairman Benson called the July 19th Planning Commission meeting to order at 7:42 p.m. ROLL CALL Present: Commissioners Bruce Benson, Vern Watten, Janet Leslie, Frank Reese; Council Liaison Tad Shaw; Planner Brad Nielsen; Secretary Kathy West Absent: Commissioners Richard Spellman, Bob Shaw and Mary Boyd. APPROVAL OF THE MINUTES Approval of the minutes was postponed until the next meeting. REQUEST FOR VARIANCE TO EXPAND A NONCONFORMING STRUCTURE - KOCH, 25835 WILD ROSE LN. Mr. & Mrs. Donald D. Koch were present to answer any questions regarding their request. Planner Nielsen explained that they had applied for a building permit to repair a crumbling garage foundation and to add 12 feet to the existing struc- ture (see Planner's report, Attachment #1) enabling them to park two cars end to end. A variance was required for the construction. It was noted that both the side yard setbacks were inadequate, six feet to the east and eight feet to the west, making the structure nonconforming. The proposed addi- tion is to the south or front of the house and will not increase the nonconformity. Mr. Koch noted that the addition will be 71 feet from the road right-of-way. He felt this is the only feasible way to expand. Leslie moved, Benson seconded, to recommend that the Council grant the request for a variance to expand a nonconforming structure located at 25835 Wild Rose Lane. The motion carried unanimously, 4-0. DISCUSSION: SETBACK REQUIREMENTS FOR SWIMMING POOLS The Planning Commission reviewed a draft amendment to Ordinance #77 suggesting minimum setback requirements for swimming pools (see Attachment #1, Planner's report). The Commission discussed rear yard setback distances required by other cities. A relationship betTNeen lot sizes and setback requirements was seen as important. It was suggested that requirements for tennis courts be addressed as a separate item given the fence height and lighting generally associated with tennis courts. Fencing and lighting are regulated, respectively, by Ordinance #107 and the proposed zoning ordinance. . Reese moved, Benson seconded, to recommend that the Council adopt the proposed text amendment to Ordinance #77, eliminating any reference to tennis courts. The motion carrie~ unanimously, 4-0. It CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 17, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Chairman Benson called the May 17th Planning Commission meeting to order at 7:35 P.M. ROLL CALL Present: Commissioners Bob Shaw, Bruce Benson, Frank Reese, Janet Les I ie (late), Richard Spellman, Mary Boyd; Council Liaison Tad Shaw: Planner Brad Nielsen; Secretary Kathy West. Absent: Commissioner Vern Watten, business commitment APPROVAL OF THE MINUTES April 19, 1983: Boyd moved, Spellman seconded, to approve the minutes as written. The motion carried unanimously, 5-0. (Leslie arrived) May 3, 1983: A typographical error was noted in paragraph three, page one, under SIMPLE SUBDIVISION - DeMALIGNON. Shaw moved, Benson seconded, to approve the minutes as corrected. The motion carried unanimously, 6-0. PUBLIC HEARING - JOHNSEN REZONING REQUEST, SIMPLE SUBDIVISION - 6055 LAKE LINDEN DR. Chairman Benson called the public hearing to order at 7:44 p.m. by reading the legal notice as published May 4, 1983. Harold Johnsen was present. Planner Nielsen ex- plained the request to rezone and split property located at 6055 Lake Linden Drive (see Planner's report, attachment #1; Engineer's Report, Attachment #2). It was noted that Johnsen had first requested to split the 51,000 square foot parcel into three lots, one with the existing house and two small lots to the south, requiring a variance. In reviewing the request the City Staff suggested that additional road right-of-way be acquired along Lake Linden Drive to straighten the road. As a re- sult of this Mr. Johnsen decided to split the parcel into two lots, one with the existing house and the second with 21,000 square feet. Johnsen could have requested R-3 zoning to allow construction of a double, but because of the r.o.w. acquisition, the Staff noted that the size of the south lot would have been too small for a double and suggested R-4 zoning. Nielsen noted that there was some flexibility as to the location of the dividing line. Under the proposed zoning the required setback from the existing garage would be 25 feet. It was noted that the proposed rezoning was considered appropriate from a land use perspective given the surrounding land uses. Mr. Johnsen questioned the 3:1 slope easement along the r.o.w. as outlined in the Engineer's report. He expressed concern that the existing tree buffer would be removed. It was noted that the slope was necessary for proper sight lines but Mr. Johnsen would be allowed to replant on the easement. A question as to whether it would be possible to save some of the trees was raised. Commissioner Shaw questioned the access/egress point for the south lot. It was sug- gested that this be via the cross street and not directly onto Lake Linden Drive. Johnsen added that a driveway already exists. . ~ PLANNING COMMISSION MINUTES MAY 17, 1983 PAG~ TWO Commissioner Reese questioned whether the setback restrictions on the south lot would allow building. It was noted that the R-4 requirements were less restrictive in terms of setbacks. Reese also suggested that some of the trees along the road might be saved by constructing retaining walls. There being no further comments from the public, the hearing was closed at 7:35 p.m. Reese moved, Leslie seconded, to recommend to the Council approval of the rezoning as requested. The motion carried unanimously, 6-0. Reese moved, Spellman seconded, to recommend to the Council approval of the simple subdivision with the following suggestions: 1) That the division occur as close to 25 feet south of the garage as possible in order to make the south lot as large as possible. 2) That future work on Lake Linden Drive take into consideration the use of some type of retaining walls to minimize the loss of trees on the lots in question. 3) That the additional right-of-way be platted at this time for future road improvements. The motion carried unanimously, 6-0. ( PUBLIC HEARING - REZONE TO P.U.R.D. (Boulder Bridge) Chairman Benson called the public hearing to order at 7:57 p.m. by reading the legal notice as published May 4, 1983. Staff explained that the property, located at approximately 28000 Smithtown Road, had been rezoned and the project approved previously by resolution rather than ordinance. The hearing was scheduled in order to amend the Shorewood Zoning Ordinance and map. There being no comment from the public, the hearing was closed at 8:00 p.m. Shaw moved, Benson seconded, to recommend that the Council adopt the rezoning by ordi- nance. The motion carried unanimously, 6-0. PUBLIC HEARING - BOULDER BRIDGE OUTLOT E - PRELIMINARY PLAT, REQUEST FOR VARIANCE Chairman Benson called the public hearing to order by reading the legal notice as published May 4, 1983. Tom Wartman was present to explain the ,proposal. He noted that the original plans for Outlot E, showing a loop road, had been changed after studying the topography. The road now has a horseshoe configuration. The number of lots remain the same, 19, all meeting the minimum square footage requirements. He added that the alter- ations fit the contours better, there will be less asphalt, but some grading will still be necessary. The proposal includes plans to move the existing pond 40 to 50 feet back from Howard's Point Road. This would allow a greater buffer and the trail system, Outlot C, would go around the complete area to follow the perimeter of Outlot E. . ( Wartman said they were attempting to stay with the same drainage patterns as shown in their initial watershed studies. He outlined runoff and drainage from the site noting that th majority of the water is directed to the pond area, as well as draining across the Outlot and eventually into the wetland which acts as a settling pond and then overflows into Lake Minnetonka. . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen , Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: KATHY WEST DATE: AUGUST 8, 1983 RE: SHOREWOOD FESTIVAL OF PARKS - TEMPORARY ADVERTISING SIGN The Park Commission requests permission to place a temporary sign to adver- tise the upcoming Shorewood Festival of Parks at the Shorewood Village Center. The sign is dou~le-sided, measuring 51 inches in height by 8 feet 4 inches in length, and is supported by a small trailer. The Center's Property Manager, John Kelly (Ryan Construction), has given the City verbal approval to display the sign from August 9th through August 15th. He will be sending written confirmation for our files. Possible locations discussed were near the Fotomat Store or Warner's Hardware. cc: Brad Nielsen Park Commission Doug Uhrhammer John Kelly A Residential Community on Lake Minnetonka's South Shore ee~ fiumoer ~ ~ame t'enn:Lli if ... st. .~ ~( o o o o Date Paid f :;)~dY)- ~~l~ Penni t Fee Plan ChecK Fee State Surcharge Metro S.A.C. SUBTOTAL Sewer Penni t # Water penni t II TOTAL Penni t for: New Construction Remodel or Add Well Penni t ;f Fire Repair (For Office use only) WARNING CITY OF SHORE\WOD --- BUILDING PEru.:IT APPLICATION .--- - Before digging call local utilities TELEPHONE. ELECTRIC. GAS Ele. 1r-~U!R~n BY LA'.^' ~~y_~t'!L<r"~e.!: liam. ~'l Add.ress - -1- I ~~:qn r~ VVlLhn 8\v(~. Contractor: Name 'Sb (\ y-.P wuod; Address 01 55 C~- ~L- LL1W\VY\,\~~IOYl nu..,J""o\l-':::;u. I:'vv $ $ $ $ $ $ $ $ $ $ $ $ , $ Datellwo '6 ) 11'03 U!~a:) . elephone.g35 -lq'iQ Telephone ~ - :2J~-::y.. r> if known: 1. Legal ::>escription of Propert Shove VJ~( 64 ~ ll/- d3 - 3:5 -00:)7 Plot Plan: Attach plot plan of lot showing location of any proposed or existing buildings on s~~e with respect to boundary lines. Show on plan present or proposed location of water supply facilities and water and sewer supply piping. Plot plans are to be certified by a surveyor. Disposal of surface water must be shot-me Soil Bearing Test may be required at foundation level by a minimum of two borings by a Professional Civil Engineer. Names and Addresses of Sub-Contractors or Installers of: 1. Construction 2 . Sanitary Se';Jer Connection: 3. \'lell and i-Jater Supply System: Construction Infonnation: 1. 3stimated value of work for which pennit is requested, not including value of lot. ~ 2. Type of work to be done: (Frame dwelling, remodel, other.) ~GL~ L\/v\~v* a.dv@v 1, Si - 3. Attach c~y of wo\-king ~&.wings for whic construction pennit 4. Attach domestic water supply specifications if improvement includes well. ~~~1tLlV\ ~f+ Signature of Appllcant / ~' I ~ , , \' ~ } ~ f ~ I Q I ~ i ~ I '" ,5' ,t '. " lorl \ I \ \ \ \ I, \. \ \ ~- .... 3 o,o~ 0' s4 ~r' \ \- \ \ \ ~l ~ " -.a l'C\ ------ " \. \ LoT 2 2./,000 +,r' J j ~/)' U will (!; }J , 1 I ~ ~ " ~ " "