The URL can be used to link to this page

091283 CC Reg AgP f ,4 CITY OF REGULAR MONDAY, A.. --- -, '.. l.~ .",,, ~r'."'.)""""'" SHOREWOOD ~ COUNCIL MEETING SEPTEMBER 12, 1983 , ." , ~. COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 7:30 PM .". .,!"..., "'".t ~ ...t-~'" # '" ..., . . ...'"*,;, 4' ~....... AGE N D A CALL TO ORDER: j. A. Pledge of allegiance and Prayer B. Ro 11 Ca 11 : Mayor APPROVAL OF MINUTES: A. Regular Council Meeting - August 22, 1983 [attachment #1] ~. CITIZEN'S FORUM: A. B. ~. REVIEW OF COMMERCIAL BUILDING PERMIT AND SIGN PERMIT: )4. Location: Shorewood Village Center Application: Ryan Construction for Champion Auto Shaw / Stove r ~ Gagne Rascop Haugen 8:00 PM - PUBLIC HEARING - Variance request to expand a nonconforming structure and a setback variance Location: Applicant: 24115 Boulder Bridge Drive Mr. Tom Wartman/Mr John Roedel [attachment #4a-Staff Report] [attachment #4b-Plan. Com. Recommendation] ~. REVIEW OF SIMPLE SUBDIVISION REQUEST: Location: Applicant: Lots 17 & 18, Block 3, Minnetonka Manor Mr. Keith Wilcock I [attachment . . 8:30 PM - PUBLIC HEARING - Variance Request #5a-staff report] to alter a nonconforming use Location: Applicant: 5400 Howards Point Road Howard's Point Marina [attachment #6a-Staff Report] [attachment 6b-Pl. Com. Recommendation] . 4IlGULAR COUNCIL MEETING MONDAY, SEPTEMBER 12, 1983 page two , 7~'00 PM - PUBLIC HEAR1NG -Review of Simple t;f ---- area var1ance Location: 27280 Smithtown Road Applicant: Mr. Mark McCary Subdivision Request and Lot Location; Applicant: 24283 Smithtown Road Mr. Tom Harraka, Northwest Advanced Mobil Phone Service 9~VIEW OF PROPOSED ORDINANCES, Swimming Pool, A. "An Ordinance Amending Ordinance No. 77" - third reading [attachment #8a-Staff Report] [attachment #8b-Pl. C. Recommendation] [attachment #8c-Proposed Ordinance Amendment] [attachment #9a] ~ PLANNING COMMISSION REPORT' A. ~ PARK COMMISSION REPORT, A. ~ ATTORNEY'S REPORT, A. 13. ADMINISTRATIVE REPORT: ,,~ \t\ ~jrFire Lane Dock issue at North end of Eureka Road ~ Discussion af Union Negotiation for year 1984 C. Other items - meeting dates 14. MAYOR'S REPORT: A. :":::, B. 15. COUNCIL'S REPORT: A. 16. APPROVAL FO CLAIMS AND ADJOURNMENT ~ I . ORDINANCE NO. /, 4'"~ AN ORDINANCE AMENDING ORDINANCE NO. T7 IN THE CITY OF SHOREWOOD BEING AN ORDINANCE FDR THE PURPOSE OF PRCMJrING HEAL'IH, SAFEI'Y, ORDER, CONVENImCE, PROSPERITY AND GENERAL WELFARE BY REnUIATING THE USE OF lAND, THE IDeATION AREA, SIZE AND USE AND HEIGHT OF BUILDINGS ON wrs AND THE DENSITY OF pop- UlATION IN THE CITY OF SHOREWOOD, MINNESOTA. The City Council of the City of Shorewood, does ordain: Section 1. Ordinance No. T7, Section 11 , Subdivision 6. Yard and Frontage Limitations Not Applicable, is hereby amended to include the following: "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 swimning pools shall be sixty (60) percent of that which is required for the zoning district in which the pool is located. Rear yard setbacks for lake shore lots shall be as provided in this Section." Section 2. This Ordinance shall be effective fran and after its passage and publication. ADOPI'ED by the City Council of the City of Shorewood this , 1983. day of Robert Rascop, Mayor ATTEST: Sandra L. Kennelly, Clerk . ~ . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADM I N ISTRA TOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 K@.;OHANDlJIVi '1'0: l;~ayor and City Council FIlar.: : Brad. Nielsen DA'I'E : 12 September 1983 R8: Champion Auto Stores - Si[,'11 Permit FILE NO.: 405 (general) Lawrence Sign Co., on behalf of Champion Autb ;:itores, has requested approval of a sign permit for a nevi store proposed. for the ShorevJOoQ shopping center. rhe sign- age consists of a 4'x8' sign board plus individual letters spelling "Champion Auto Stores". 'rhe Zoning Ordinance allovlS one sign, 150 square feet in area, plus tlrJO signs,10 square feet in area for eac~-_business in a Liultiple busi'l~,js facility. 'rl18 a~)pl cant applied fOl' separate permic;:: for the 1iJOrds "C:lampion" and "j~uto .Jtores". Given the fact that they are far under the total allowable sig'11age, I don't blame them for trying to skirt the Ordinance. Nevertheless, as I interpre t the Ordinance, the request requires a variance and should be processed. accordingly. cc; Doug Uhrha.rnmer Gary Larson Champion Auto Stores Lavlrence Sign Co. A Residential Community on Lake Minnetonka's South Shore M ~ - ----- @f2) fUUl g ~ J) , P ~ @:W ~~\ (a J) IC~~ ~ B p (C>L, ~ , a ~ . 2:3~~ 0 -!!! ~~. ~~, ~ ~) I I (Eih 0 .., ~ , ~ !:!~ ..Sl ...... ~~ ~ ~Vl ~'l i ~~ ~. i~ u '.~ ~t }' '" t--- ,.~-5 + ~ ,G;E ---- MINNESOTA AFSCME COUNCIL NO. 14 TWIN CITIES METROPOLITAN AREA S E P 8..-1983 Mr. Doug Uhrhammer 5755 Country Club Road Shorewood, Minnesota 55331 Dear Doug: 770 TRANSFER ROAD ST. PAUL, MN 55114 TELEPHONE: 645-7645 August 31, 1983 In accordance with the present labor agreement between the City of Shorewood and AFSCME Local #224, lam hereby serving notice of the locals desire to enter negotiations with the City. If you will contact me, we can agree on a date for our first negotiating meeting. I thank you in advance for your cooperation in this matter. Rf1S!l v cc: Dan Randa 11 Sincerely, 1?~~mY~~ Roge~ M. Siegal, Assistant Director B.A. Local #224 AFSCME Council #14 AFL-CIO S~7" I' CITY OF REGULAR MONDAY, .- SHOREWOca ' ~. . COUNCIL WETING AUGUST 22,1983 .. . . <~W'. .~~~~C.~~~~B~~~B ROAD SHOREWOOD, MN 7: 30 PM M I NUT E S CALL TO ORDER: The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:32 PM Monday, August 22, 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 Haugen, Shaw, Stover, and Gagne Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer and Clerk Kennelly APPROVAL OF MINUTES: Gagne moved, seconded by Rascop, to approve the Minutes of August 8, 1983, as corrected in the Official Minute Book. Motion carried unanimously. CITIZEN'S FORUM: Gene Clapp, of 6050 Chaska Road, informed the City Council of a drainage ditch problem where the city has been digging. He felt the work that has been done has left it unsightly and could cause an erosion problem if left the way it is. Council directed the Administrator to inspect and have the necessary repairs done. INSURANCE DIVIDEND RECEIVED: Roger Hennessy, City insurance agent, presented a check for $3,437.48 as an insurance dividend from the Home Insurance Company that that insures the City. This represents final dividends for 1980 and 75% of 1981 share. Council thanked Mr. Hennessy for the dividend check. CHAMPION AUTO STORE - Building Permit Council did not have the plans available for review nor was anyone present to represent Champion Auto Stores. Council tabled review until further information is available to them. J 'I . REGUL~COUNCIL MEETING MONDA~ AUGUST 22, 1983 page two SWIMMING POOL REQUEST: Don Zalk from Minnetonka Pool presented a request for Mark and Judy Graham to install a swimming pool at 5565 Howards Point Road. Shaw moved, seconded by Gagne, to approve the request as submitted for the swimming pool. Motion carried unanimously. PARK COMMISSION REPORT: Launisse Cousins reported to the Council on the "Festival of Parks". The festival broke even on their expenses and they discussed changes that might be made for the next festival. Commission wanted to thank the Council and staff for all their hard lQork and cooperation. Council thanked the Commission for their great efforts in creating the first City Park Festival. Cousins would like the plans for Manor Park Ball Field available for the next park meeting. 8:00 - PUBLIC HEARING - RESOLUTION NO. 61-83 Variance Request Robert Brown-20680 Garden Road The Public Hearing for the request of a rear lot line setback variance for Robert Brown was opened at 8:05 PM. Mr. Brown would like 25' variance for the location for a new house to be located at 20680 Garden Road. The property originally had wetlands in the front of his property and this ground is not suitable to handle the construction of a dwelling. Mr. Brown did not fill this property. Mr. Don Amberg of 20770 Garden Road had no objection to this variance. Public portion of the hearing was closed at 8:10 PM. Stover questioned the location of the driveway in relationship to the original wetlands. Haugen moved, seconded by Stover, to direct the attorney to draw a Resolution approving the variance setback as requested. Motion carried unanimously by roll call vote. 5 ayes. ATTORNEY'S REPORT: Tex-Sota Conditional Use Permit RESOLUTION NO. 62-83 Haugen moved, seconded by Gagne, to approve the Resolution adopting the Conditional Use Permit and Variance for Tex-Sota Construction. Motion carried unanimously by roll call vote. 5 ayes. . ~ . REGUL~COUNCIL MEETING MONDAY, AUGUST 22, 1983 page three ENGINEER'S REPORT: Waterline Extension RESOLUTION NO. 63-83 Engineer Norton submitted a bid list for the water extension to 23625 Smithtown. This project will qualify to be paid for principally by CDBG Fund with a transfer of $5,000. from Yr. VII Housing Rehab Fund. Gagne moved, seconded by Haugen, to approve the transfer of funds and to approve the bid of $11,090. from Metro Contracting. Motion carried unanimously by Roll Call vote. 5 ayes. Drainage Problem - Ivy Lane and Rustic Way Engineer Norton discussed drainage problems in the area of Ivy Lane and Rustic Way. He presented ways and costs of correcting these problems. He indicated the cost of these corrections, according to the Comprehensive Storm Water Report, could be $118,500. Council discussed need and how the revenue to pay for this project may be obtained. Haugen motioned to table until added information can be obtained. Motion carried unanimously. ADMINISTRATIVE REPORT: RESOLUTION NO. 64-83 Water Request - 21780 Lilac Lane A signed water agreement was received from Edward Hartman of 21780 Lilac Lane requesting the Council to allow him to connect to the Chanhassen water system in their area. Shorewood has no water system currently available in that area. Shaw moved, seconded by Stover, to approve by Resolution the water connection for 21780 Lilac Lane to the Chanhassen system. Motion carried unanimously by roll call vote. Ivleeting Dates Joint Finance Meeting to be set for September 20, 1983, at 7:30 PM. October Council Meeting will be set for October 4, 1983, at 7:30 PM because of the October 10, 1983 Holiday. Rascop moved, seconded by Haugen, to accept October 4, 1983, as the first Council meeting of the month. Motion carried. 4 ayes 1 nay (Stover) MAYOR'S REPORT: LMCD has received an application from Shorewood Yacht to add 15 additional slips. ... . REGuA COUNCIL MEETING MOND~ AUGUST 22,1983 page four COUNCIL REPORT: West Hennepin Human Services Board Haugen informed the Council that Shorewood Representative to the WHHSB, Robert Malooly, no longer lives in the City. Interert has been expressed by Alice B. Taylor to serve on this committee. Haugen was directed to determine if two positions were available , if so, then the Council will approve Malooly's and Taylor's appointment. Crescent Beach Damage to ropes and raft at Crescent Beach have been submitted to our insurance. Staff will send costs to Tonka Bay for their share of this expense. APPROVAL OF CLAIMS AND ADJOURNMENT: Rascop moved, seconded by Shaw, to approve claims for payment to be followed by adjournment at 9:30 PM. Motion carried unanimously. General Fund [acct #00166] Liquor Fund [acct #00174] Checks 27538-27686 = $83,827.74 Checks 1316- 1365 $47,823.41 Respectfully Submitted, Mayor Sandra L. Kennelly SLK: sn ~ e e GENERAL FUNDS - BILLS PAID SINCE AUGUST 17, 1983 Check # TO WHOM PAID 27538 27539 27540 27541 27542 27543 27544 27545 27546 27547 27548 27 549 27550 27 551 27552 27553 27554 27555 27556 27557 27558 27559 27560 27561 27562 27563 27 564 27 56 5 27566 27567 27568 27569 27 5 70 27571 27572 27573 27574 27575 27576 27577 27578 27579 27580 27581 27582 27583 27584 27585 27 586 American National Bank Gary Larson, P.A. Robert Rascop Jan Haugen Kristi Stover Tad Shaw Robert Gagne Evelyn Beck Roger Day Dennis Johnson Sandra Kennelly Susan Niccum Brad Nielsen Bob Quaas Dan Randall Doug Uhrhammer Kathleen West Don Zdrazil Minnetonka State Bk. State St. Bk. & Tr. Evelyn Beck State Treasurer State of Minnesota A. J. Ogle Co. Inc. Associated Asphalt Inc. Acro Boustead Electric & Mfg. Bergerson-Caswell Amesbury Home Association Chanhassen Lawn & Sports Coffee System City of Deephaven Dawson Blacktopping Earl's Custom Grading City of Excelsior Excelsior Farm & Garden House of McGuire Hance Hdwr. Louisville Landfill Long, Froehling & Assoc. League of Mn. Cities Metro Waste Control Minnegasco Mtka. Community Ser. PURPOSE AMOUNT Water Fund Bonds Legal fees - July 83 Mayor's salary - August Council salary Council salary Council Salary Council salary Salary $ " " " " " " " " " " FWH taxes Travel and meeting expense PERA SS - pro-rata share of cost VOID beer - Festival of Parks VOID VOID Road Materials Off ice Supp lies Motor repair/Radisson lift station labor-equip-material/Amesbury Well #1 painting pumphouse Equipment - Lawn Mowers Coffee VOID Niglio sewer ser/20025 Manor Rd. Material & labor/City Parking lot Grading Parking lot Second quarter water chgs. VOID Grass seed/Badger Parts/Boulder Br. Streets/Shop/park Rubbish Cleanup Copies City Audit Membership dues beginning 9/1/83 Deferred payment for Sept. 83 Service-garage Lime for marking lines-Festival of Parks - Roads/Baler Twine Well maint. 10, 73 9 . 00 4,217.20 150.00 100.00 100.00 100.00 100.00 578.50 560.52 583.10 515.51 341. 61 621.73 603.25 543.34 675.31 348.07 649.40 1,059.40 112.12 41.08 649.56 14.25 -0- 152.50 -0- -0- 4,340.56 320.60 788.25 9,889.00 300.00 7.80 32.00 -0- 23 . 50 1,050.00 160.00 1,047.46 -0- 18.54 9.84 104.69 30.00 19.80 1,752.00 6,485.00 40.51 6.60 e e GENERAL FUND - BILLS PAID SINCE AUGUST 17, 1983 - page two Check # TO WHOM PAID 27587 27 5~8 2789 27590 27 591 27592 27593 27594 27595 27596 27597 27 598 27599 27600 27601 27602 27603 27604 27605 27606 27607 27608 27609 27610 27611 27612 27613 27614 27615 27616 27617 27618 27619 27620 27621 27622 27623 27624 27625 27626 Miller/Davis Co. NSP Orr-Schelen-Mayeron Red Wing's Mobil Sere SLMPSD Tonka Printing Victoria Repair & Mfg. Warner Hdwr. Ziegler Tire Sere Robert E. Montrose Brad Nielsen Brad Nielsen U. S. Postmaster Shorewood Liquor II Pepsi HAG Investments Mary Kennelly Evelyn Beck Roger Day Roberta Dybvik Dennis Johnson Sandra Kennelly Sue Niccum Brad Nielsen Robert Quaas Dan Randall Doug Uhrhammer Kathy West Don Zdraz il Minnetonka State Bk. Roberta Dybvik State Treasurer Commissioner of Revenue Doug Uhrhammer Henn. Co. Finance Div. Metro Waste Control Colonial Ins. Co. State Treasurer PURPOSE Legal forms $ electricity July engineering fees Tire Repair June Court Overtime Festival advertising/Leonardo letter Welding raft/ crescent Beach Brad/shop supplies/city hall/wells tires Release of bonding check/S885 Seamans iviileage & film VOID supp lies 4 rolls 20i stamps Festival of Parks Festival of Parks 1600 tickets for Festival of Parks cleaning/3 hrs. at $7.00 hr. salary " " " " " " " " " " " FWH taxes mileage-Waconia/Wayzata Bank/P.O. Soc See August WH tax Mileage-141 miles Fouth installment of principal Sept. sewer sere VOID Sept premium PERA AMOUNT 117.35 1,206.95 869.10 5.50 225.04 105.55 35.00 93.96 204.98 1,000.00 33.69 -0- 45.40 80.00 19.37 60.00 160.00 21.00 578.50 548.57 402.89 555.11 515.51 319.63 621. 73 621. 57 498.27 675.31 348.06 649.40 1,139.60 15.00 2,456.06 1,281.00 31. 02 1714.81 15,776.31 -0- 114.50 700.40 $ 83,827.74 e e LIQUOR FUND - BILLS PAID SINCE AUGUST 1, 1983 Check # TO WHOM PAID 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 Minnesota Victoria Oil Griggs- Cooper & Co. Griggs Cooper Quality Wine Ed Phillips & Sons Eagle Wine Co. Old Peoria Co. Day Distributing Co. Pogreba Distributing Royal Crown Bev. Co. G & K Services Commissioner of Taxation NSP Northwestern Bell Griggs Cooper & Co Johnson Bros. Twin City Wine Ed Phillips & Sons Ed Phillips & Sons Old Peoria Co. A. J. Ogle Co. Thorpe Distrubuting Minter-Weisman City of Shorewood Griggs Cooper & Co. Ryan Properties, Inc Harry Niemela State treasurer Commissioner of Revenue Russell Marron Don Tharalson Stephen Theis Sue Culver Mary Skraba Pat Pfeffer Mark Wilson Dean Young Minnetonka State Bank M B A Village Sanitation Johnson Bros Liquor Co. Twin City Wine Co. Eagle Wine Co. Quality Wine Old Peoria Co. Northwestern Bell State Treasurer Harry Feightinger PURPOSE AMOUNT Fue 1 Oil Liquor liquor wine wine wine liquor beer & misc. beer & misc. pop laundry services July Sales tax Electricity 474-6869 liquor wine wine wine liquor liquor beer & misc - July beer purchase - July cigarettes & candy liquor Store EBA liquor September rent September rent Soc Sec SWH taxes - August 83 VOID salary " $ 142.08 1,438.97 3,166.08 668.53 549.83 435.03 1,092.54 3,440.17 4,218.29 115.20 36.20 5,770.28 296.32 59.87 2,805.88 247.47 331. 71 435.76 930.73 1,000.88 1,225.95 5,185.40 899.55 278.72 1,886.48 2,540.83 882.50 623.72 348.00 -0- 426.40 153.24 256.12 94.36 96.36 105.06 277 .92 333.38 301. 60 10.85 54.00 -0- 1,469.45 268.97 498.99 633.49 721.76 95.34 334.62 638.53 $ 47,823.41 " " " " " " 8/31 FWH taxes Harry sanitation services VOID wine & liquor wine wine wine liquor telephone service PERA salary ,( .c, v. / MEMORANDUM e e MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 1 SEPTEMBER 1983 RE: ROEDEL, JOHN - VARIANCE TO EXPAND A NONCONFORMING STRUCTURE AND SETBACK VARIANCE FILE NO.: 405 (83.33) BACKGROUND Mr. Tom Wartman has requested a building permit to build a swimming pool and screen porch at 28115 Boulder Bridge Drive (see Site Location map, Exhibit A, attached). Upon review of the site plan it was discovered that the building was not located properly on the lot at the time the original permit was issued - January 1983. Instead of being 50 feet from the rear of the lot, it is only 30 feet (see Exhibit B, attached). Unfortunately, this means that a house that isn't even finished is a nonconforming struc- ture, the expansion of which is prohibited under current zoning. Mr. Wartman has also requested a variance for the swimming pool to be 30 feet from the rear of the lot rather than 50 feet. ANALYSIS/RECOMMENDATION Variance - Expansion of a Nonconforming Structure. Our initial reaction to the problem was that the developer shouldn't have to suffer because of a mistake made on the City's part. The City Attorney has advised however that the plan review done by the City is not a guarantee that the structure conforms to City standards, and that the developer is ob- ligated to know the requirements. The City's oversight is somewhat minimized by the fact that even if the building had been 50 feet from the rear, the screen porch addition would still require a 15 foot variance. A Residential Community on Lake Minnetonka's South Shore ~ e e Planning Commission, Mayor and City Council 1 September 1983 Page Two Given the size of the lot and the size of the house, it would be difficult to demonstrate that denial of the variance for a screen porch would result in physical hardship. Furthermore, since the house has not yet been com- pleted, a screen porch could be added elsewhere by redesign. Considering the circumstances the City may wish to recognize and maintain the existing 30 foot rear yard setback. Variance - Swimming Pool Setback. The only reason this variance is necessary is that the ordinance reducing the rear yard setback for swimming pools has not had a public hearing as of this date. The applicant would like to begin construction before that ordi- nance is published. Assuming that the ordinance amendment will be officially adopted in the near future, it is recommended that the 20 foot variance for the swimming pool be granted at this time. BJN/kw cc: Doug Uhrhammer Jim Norton Gary Larson Tom Wartman Bud Wheeler Kathy West I I I I I~" I 1.1 I i I ~ I \e , c.-..~ //y...--,'/ , . ~.v 'ill ~-~-r-~~-r-_~ ():., ~ I [-"bl~ !~ ~ I Cl t ~ J:: ~ ~ .' "('-, ~ -~ ~ ~ \ V') ~ ~ ,~ ...... ~ '- ~ 4' !:!- ", :- ~~ I I' {O ..\"( '-:-',- I.- ~{-t..\~ If ~ - ~ \ .::; , , , Cl~ 1:: ;:: ~~ \ .~~.. , ........ , i SG , >I. ',- ~, r: ~ -:- r, ~;a ;. , .,f., (:'> a:. .... " t ~, :'.' '.~II ',;..i. " .. l .- , ''''1 ' ~'~f' ., .,3:1 ',,~" f ~" ' c,. ~4 . I ~ ., .;; ~ ' ".... 'J\"" ( j " ". . '" " "J~. .~ ~ ~ ~ (:C:!.. .i' (~ t. 'h // I~, t ... -e..'... . ."'. , .'~._,..., ":/ '.' .-::~, ~ .. " ',' "\" ~ ~ rr. / i ~ . .,' ;~'. I ~ )~'M. ~1'" , , (i.b~~. "- , .), . ~'I.: ".;. '>. . ~....t.-.. ~ '_~' . 'I'" ~. '~ '. . ;~. t.. "~:'-i -. - --..:....., I Cf~ n . Os , r. ., . , o '--'" ~ r t\) ..~ ~ ,:' o.t.....: u \j' 10 r- \;: '.J. (t:J '=" ,; -- > ~ro ,,':r ~ ~; :~ ~ ~,.-.;- j " ~..:~'~ "-,: '.:..- / /\ \.'I.J (\ r .....'1 .... ..,. ~ ~ 1. i - " .~ ~ 7i c' ~ ~ ";1' ~ c,' u V 0 I';:, ~. & o"'~ '--, '..... ......, - ..................i 'oj :: ~l .- z .... r-> ~ ~~ .R.~ .- I- n .\.... "- ~,., '" ,-< .:P I ~. '0' ~. ~ e . ~ c,': 2- filV ~ ......~\ ., .' 1.1' ~O' :;, . ~ ~ ~G) . .,. ~~7 <i~ .' / }</v 1..,'.'....) . ). ~ 'l.' If' n "" .,).) ~ \:' 'S...xhi bi t A SITE LOCA'rION Roc2el - variance to expand a nonconforming structure and setback variance ~ - ---- -. 4 3 a 8 I ~\ \ ~ ~ -' .~ .;0 >> ~ oS ..."" ..). .... o -'11" ~ ~ ~ ~ . 1: -.. "! t" " ~ J:;O' 00' - .... ~ '-I 00.....- ..' /75.. 4 'C)8r ,N~.P ~ . f..1orTh )(00' 1000 I her. by cert.fy ,n., 'h.s is . ,rue ,nd co'rKt reprl'~ental '0" of d ,u' v..~ 01 '''e bounJ'''1$ of the .bove deK"~d land and of thl' local'on of ,iI budd..'gs DEMARS. GABRIEL ,f any ther~n. .nd ,II vls'ble encroachmenl$. ,f .ny. from or Oil sa,d land AN::URV~::~~:N~. A ~/: ~J.. ~.I~.o:~_/-7If=k:. lod'C_ Ply' PROY.8RtY SURVEY :JL . -.i/ Plio' ( \Ii th requlred setbacks) "-'0 I 9o~~ R~ No.... F,It No 34& Bo{)~ . p.;ge PRE /~4-5 SCd'. / ~ 4c(J e e MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Robert Gagne ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474.3236 MEMORANDUM TO: The Mayor and City Council RE: Kathy West September 9, 1983 Variance request - John Roedel - 24115 Boulder Bridge Drive FRCM: DATE: At the 6 September 1983 meeting, the Planning Corrrnission reviewed the request for setback variances to add a deck and a swimming pool. The following recommendations were made: 1. Benson moved, seconded by Leslie, to recorrrnend that the Council deny the request for a variance to expand a nonconforming structure which wOuld allow a porch addition. The Motion carried 5-0-1 Ayes: Leslie, Reese, Boyd, Benson, Watten Nays: none Abstain: Shaw 2. Reese moved, Leslie seconded, to recorrrnend that the Council grani a setback variance to thirty (30) feet of the rear lot line in order to construct a swimming pool. The motion carried 7-0. Ayes: Leslie, Reese, SPellman, Shaw, Boyd, Benson, Watten A Residential Community on Lake Minnetonka's South Shore 1b MEMORANDUM TO: FROM: DATE: RE: ( e .4 MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw ,Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 29 AUGUST 1983 FILE NO: 405 (83.35) WILCOCK, KEITH SIMPLE SUBDIVISION BACKGROUND Mr. Keith Wilcock has requested City approval for a lot division of prop- erty described as Lots 17 and 18, Block 3, Minnetonka Manor (see Site Lo- cation map, Exhibit A, attached). The property was originally platted as two separate lots, then combined at a later date - presumably for tax pur- poses. The area in which the property is located is currently zoned R-2, Single Family Residential. The lots measure approximately 100 feet in width and from 268 to 284 feet in depth. Each contains 24,880 square feet in area or more. ANALYSIS/RECOMMENDATION Both lots meet or exceed the size requirements of the Shorewood Zoning Ordinance. While a designated wetland encroaches approximately 10 feet onto the easterly edge of Lot 17, the lot is still considered quite build- ble and contains over 20,000 square feet in area excluding the wetland. From a planning perspective there is no apparent reason to deny the request. Approval should be contingent upon the following: A Residential Community on Lake Minnetonka's South Shore ,-- ~a.- I . . co ""Re :f1<.opEJZ:\'f l N . ~~1"H , , 1"=400 ALBANS BAY) '"'~ /" A "76 1!!!!,,f,1:.!!~l: (...----____ z .. 5 WAY '0' SOUTH M'NNE ~. MINNESOTA 55343 . '", /'- " .~..... " - V"~ 83323 JOB NUMBER 26 117 23 SECITWP/RN Keith Wilcock CLIENT Lots 17 and 18, Block 3, LEGAL MINNETONKA MANOR DESCRIPTION 8/17/83 8/17 /83 40 PROPOSED ELEVATIONS: DATE SURVEYED DATE DRAFTED SCALE IN FEET PER INCH none FIRST FLOOR TOP OF FOUNDATION GARAGE FLOOR LOWEST FLOOR SANITARY SEWER BENCHMARK ELEVATION BENCHMARK DESCRIPTION j//: , ' , I . / / ~J / r" 0 t ~ 1.: '" ~ ~. STANDARD SYMBOLS "0" Denotes 1/2" ID pipe with plastic plug bearing State Registration No. 9235, set. ''0'' Denotes Iron monument found. "+,, Denotes cross chiseled in concrete surface. "982x5" Denotes existing spot elevation measured at the point marked by "x", in this case, 982.5 feet above mean sea level. 1"982x5"IDenotes proposed spot elevation at the point marked by "x". "~,, Denotes proposed direction of storm water runoff. CERTIFICATION I hereby certify that this plan, survey, report or specification was prepared by me and that I am a duly Registered Land Surveyor and Profes- sional Engineer und~r the Laws of the State of Minnesota. .~ .~ ?':~, ~ .,~' , .. ' -' ',. ~7 ...!"..... ~ Exhibit B PROPOSED DIVISION MEMORANDUM TO: FRClIl : DATE: RE: e e CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 The Mayor and City Council Kathy West September 9, 1983 Simple Subdivision request - Keith Wilcock The Planning Comnission reviewed Mr. Wilcock's request to subdivide property known as lots 17 & 18, Minnetonka Manor. It was moved and seconded, to recommend that the Council grant the subdivision request subject to the four conditions in the Plarmer's Report dated 29 August, 1983.. The motion carried, 7-0, on a voice vote. A Residential Community on Lake Minnetonka's South Shore Sh t . e e MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 1 SEPTEMBER 1983 RE: HOWARD'S POINT MARINA VARIANCE TO ALTER A NONCONFORMING USE FILE NO.: 405 (83.29) BACKGROUND Howard's Point Marina, Inc. has requested that the City allow them to replace their existing underground gasoline storage tanks located on the lake side of of Howard's Point Road with new tanks to be located on the east side of the street (see Exhibit B, attached). Since the current zoning of the property is R-1 and marinas are not allowed in the R-l District, it exists as a legal nonconforming use. Consequently, the use is restricted by Section 10 of the Zoning Ordinance from any expansion, alteration etc. - thus the need for a variance. According to Bob Johnson, the marina manager, they currently have three, 1000 gallon tanks. They want to replace those with a 10,000 gallon tank and a 2000 gallon tank. Their reason for doing so is to reduce the number of trips by the gasoline supply truck, thereby reducing occasional traffic congestion during refueling. As you may recall, in 1980 Howard's Point Marina requested that the zoning of their property be changed from R-l to L.R., Lakeshore Recreational. This would have made the marina conforming in terms of use, even though some of thestruc- tures would have been nonconforming. The request was virtually approved by the Council at that time, as evidenced by the draft resolution attached as Exhibit Cl-3, and the draft Ordinance amendment attached as Exhibit D of this report. The request seems to have been dropped however, presumably because the marina could not or would not accept the conditions of approval - particularly those related to the existing residential uses on the property. A Residential Community on Lake Minnetonka's South Shore 00- e e Planning Commission, Mayor and City Council 1 September 1983 Page Two ISSUES AND ANALYSIS The existing Zoning Ordinance is quite specific relative to nonconforming uses. Section 10, Subd. 1 states: ".... It is the intent of this Ordinance to permit those non- conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Ordinance to be incompatible with permitted uses in the dis- tricts invloved. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded nor extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district..." Subdivision 3 goes on to state: " A. No such nonconforming use shall be enlarged or in- creased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance. B. No such noncomforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Ordinance...." The nonconforming use provisions in the existing Zoning Ordinance are quite standard for zoning ordinances and obviously provide the City with leverage in bringing nonconforming uses and structures into compliance with current standards. In evaluating the request the City must not only consider the marina, but other nonconforming uses in the City as well. In that regard the possibility of setting precedent and weakening the Ordinance should be a major concern of the City. Rather than risk that possibility, the obvious solution is to go back to the issue of rezoning the property to L.R.. This would make the marina an allowable use and moving the tanks could be considered as increasing conform- ity with City standards. RECOMMENDATION In view of the preceding, the variance is not recommended. If relocation of the tanks is indeed an improvement it should only follow a rezoning to bring the use of the property into conformance with the Ordinance. Assuming the conditions of approval would be the same as previously discussed, the resi- dential portions of the marina would have to be subdivided from the rest of the marina property. The new tanks should then be located away from the res- idential lots and in such a way that refueling of the tanks would take place entirely on the site rather than from the street. BJN/kw cc: Doug Uhrhammer Jim Norton Gary Larson Jerry Brecke Kathy West i-" -o~ ,~ , ., e ~. j f-lO"Th ! 1/1=400' " , t. ~.r.... ",'l'!:It'" ~ ,,~ (tte ~ ~--- - -- .. l 'M · ~ I ~ i . I ~..,t~ 11\ QL)t~tD~ ..n .. \ _.w- I ./' -\ ... ... \ :"75) mWI (!) .. to. tr) I ~ ~ ~I I. J .1& Jf....... ~. ... ~ (It.) . ~ ---1 (I) I om) .. , !I ~ Exhibit A < SITE LOCATION Bo~ard.'s Point Karina ------- d' f. h.) , ~ " ~ . '~'.." l') t~) ,-It JJ ~ ;'''f~'' .... Q) .'1 ~ .,... ~ " " ::tl ~ ;:: .~ ~ >.: ~; p ~ ''') '\ .., \)'- .. '., \, ~ t . ~ ~, "- l-1 '- ~ t ,,( , ~~ ~ ' I ~ ~ ... iN I~ \-, It ~ ~ I .. .' .-1 .. I I d -.~ - - II - ~J I :1 /.;-~--t~2. ""'-~~......-;'..-~, ~I " . . _I ...! '\ 1 \ ,i,,) '. ~ \lj " , '<.- , ~...... "'l.'~ ~,. ......... ,''I ..... .... ~~ ~~ '- 'I... . '. \ · . ". · 'l :,~ '~'\.' ; ~ ,. > ...., ....,.... \~ .~. " "" "'... . h . ,... ~'I: ~ ...... '~~_"-..;,.>~ . ~ ~" ..' ....., ";. 'd '- . .'" ~'""",-~. '., ". ...., '., q ~.,.. . -"",.,.",-,. ' -"'--'. . ~. .. ',- '- "9.~>.... ~.~....."'~ .' ...,' . ....~-- ::"" - "'........Y' ~<...... -'. ":::;~C-"_''''''''''::' . . . _:. . ". '\ p- -b'0/ ~_"'-.~. ~t;:.,~.Y \~ '~ "Sxhibit B S IrE PLAN e ~ e "*rl \ ~ ,<:. -t( o 7- I I I :zc y,;:;--- u ..L;,EE.l1tY/ ; .:,,/ 1~#;7d" /1', '''7 ...."1;J // 1'1 't \) \I ~ ~ '. i , I ~ '" ~ . (, . I ~ :) ..... 't, ') ~, :" .~ , ~ .. ... ;.1 -~ /~. ~::?....T/ .$'.. ;......;,;- J..- ~ .~ 'i} ~ " .;',- ~_J. '.t Ii ~ ~ . I .....,~ I \ ! 4ItRESOLUTION NO. IA_ E I A~enea D1SPOS~ ~ Inc. has heretofore filed : of the following described Recreational: 4It Y\ WHEREAS, Howard's Point Marin~ with the City a request lor rezon1ng property from R-l to L. R. Lakeshore That part of the North 24 rods of Government Lot 1, Sect.ion 31, Township 117 North, Range 23 West, lying South of the following described line: Commencing at a point on the East line of said Lot 115 feet South of the Northeast corner of Section 31, thence West to the centerline of Howard's Point Road., thence Southwf:~sterly on the centerline of said ~oad to a point 150 feet South at right angles from the North line of said Sec- tion, thence West to the shore of Lake Minnetonka. n~(lJ I~O ) Jf 11--" \ ').. 1 ".J and WHEREAS, .the matter was referred to the Planning Commis- sion of the City of Shorewood and pursuant to due notice a hearing on said application was duly held before the Planning Commission and said body did have the opportunity to review the proposed rezoning including the application, sketches, reports of the city planner and the city attorney and to consider input from members of the public, and WHEREAS, the Planning Commission has submitted to the Council the findings derived from its consideration of the application and input of the public, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. That rezoning of the above described property is approved subject to the conditions hereinafter specified. 2. That the applicant shall file \ofi th thE? City its wri t- ten concu:':'rence with the following requ:Lrementfj: a. The buildings westerly of Howard'~: Point Road labelled A, B, C as shown upon the plat filed by the applicant,may continue ":0 be used for their present purpose but for no other purposes. Part of the main building may be uSE'd for the res- idential purposes of a caretaker, it being in the best :.nterest of the applicant and the City that a party occupy the premises at all times for its protection and to inhibit theft, vandalism, Of' other damage which might otherwise occur. b. erly side of the sideyard for purposes In view of the location of the fence on the north- the property and need for screening, a variance in setback from 50 feet to 0 feet is hereby granted of applicant's parlting plan. Exhibit C-1 PREVIOUS COUNCIL RESOLUTION - DilllFr COPY - 1980 e e c. No further fencing or screening shall be re- quired on the southerly and easterly boundaries of the prop- erty; the easterly boundary lies partially in and adjacent to wetlands within which no construction is considered ad- visable, the southerly boundary lies adjacent to a property the owner who has expressed her desire that no such fencing or screening be installed along her property line. d. No parking shall be allowed in the area of the premises designated as wetlands pursuar.t to Shorewood Ordi- nance No. 70. e. The applicant shall advise the Council of any inaccuracies in any portion of the descri:ation of the premises. ~...A,':l .:.,:,:' :'~c.,..,..'{ ,,:,-.'. f. Buildings labeled D and Eupon the plan submitted by the applicant shall be: 1) Removed from this application by placing the buildings within a separate parcel of property; the applicant shall petition the Council for an appropriate lot division which shall meet minimum square footage and side and setback requirements. ~ ",. 2) ( -" ~ .,' .>...... The buildings designated ,D'on the plan, which is presently being used as a two family structure shall cease to be used for said purposes. I'~ .. : ,....((~;l..). g. The area of property located within the designated wetlands shall be included for purposes of computing "the acreage requirements of the property for compliance with terms of Sec- tion 22B, L. R. Lakeshore Recreational District. ,', h. Except as noted herein for which variances are granted the Council finds the ~pplicant has met the m~nimum requireme.nts of the Shorewood Zoning Ordinance. i. The dock layout proposed by the applicant is hereby approved, with the exception that docks 35, 36,37, 5L~ and 55 shall be eliminated from the plan; it being understood that a permit to construct and operate the same as herein authorized shall not issue or be effective until other agencies with con- current 2urisdiction over the matter of dock construc~ion and use shall have issued their approval therefore. -2- Exhibit C-2 e e j. Charges made to Sharewood residents for the use of the launching ramp on the property shall be no more than 50~ of those charges made to non-Shorewood residents for the same services. 3. That the applicant shall have a period of one year to accept the conditions herein specified and to comply with other terms of Section 22B of Ordinance No. 77, as well as to obtain approval from other agencies having jurisdiction over the applicant's proposed dock use. 4. That upon the applicant's compliance with the terms of this ~esolution and filing with the city clerk-administrator of proof of necessary approvals from other agencies, the Mayor and Clerk be authorized to execute the attached ordinance and attend to its publication after which said ordinance shall be effective. ADOPTED by the City Council this 1980. Vote taken as follows: Steve Frazier, Mayor Council members: William Keeler Robert Naegele Jan Haugen Tad Shaw Exlliibit C-3 Yes Negative -3- day of e e . [/ , '\ . It" ... ORDINANCE NO. . AN ORDINANCE AMENDING ORDINANCE NO. 77 OF THE CITY OF SHOREWOOD BEING AN ORDINANCE FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE BY REGULATING THE USE OF LAN~), THE LOCATION, AREA, SIZE, USE AND HEIGHT OF BUILDINGS ON LOTS AND THE DENSITY OF ?OPULATION IN THE CITY OF SHOREWOOD, MINNESOTA. The City Council of the City of Shorewood, Minnesota does ordain: Section 1. Ordinance No. 77 is hereby amended as follows: Section 16. Establishment of Zoning Districts and Pro- visions for Official Zoning Map be and hereby is amended by adding thereto the following: "Official zoning map be and. is hereby amended by including within the Lakeshore Recreational District, property described as: That part of the North 24 rods of Govern- ment Lot 1, Section 31, Township 117 North, Range 23 West, lying South o~ the following described linE:: Commencing at a point on the East line of said Lot ll~) feet South of the Northeast corner oJf Sect:.on 31, thence We st to the centerline of HOvlard' s Point Road, thence ~;outilwe s-':erly on the centerline of said road to a point 150 feet South at right angle s from the North :.ine of said Section, thence West to the shore of Lake Minnetonka. Section 2. This ordinance shal~_ be effective from and after its passage and publication. ADOPTED by the Council of the City of Shorewooj this __ day of , 1980. Exhibit D PREVIOUS ORDINANCE AKCNDKENT - 1 980 Steve Frazier Mayor e e CITY OF SHOREWOOD MAYOR Rot"'rt R~scop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM: TO: The Mayor and City Council DATE: Kathy West September 9, 1983 FRCM: RE: Howard's Point Marina - Variance Request The Planning Corrmission reviewed the Jerry Brecke request to re:+ocate and replace/expand gasoline storage tanks at Howard's Point Marina, requiring a variance to alter a nonconforming use. Vern Watten moved, Janet Leslie seconded, to recorrrnend that the request be granted. The motion carried on a roll call vote. Ayes: Nays: Leslie, Reese, Boyd, Watten, Spellman, Benson Abstain: Shaw A Residential Community on Lake Minnetonka's South Shore rob ( ( ( ... ~ r 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: 29 AUGUST 1983 RE: McCARY, MARK - SIMPLE SUBDIVISION & LOT AREA VARIANCE FILE NO.: 405 (83.34) BACKGROUND Mr. Mark McCary, 27280 Smithtown Road, has requested approval to divide his property into three lots (see Site Location map, Exhibit A, attached). The property contains a single family dwelling and is currently zoned R-1, Single Family Residential. Exhibit B illustrates the proposed division. Proposed lot sizes are as follows: Parcel A Parcel B Parcel C 43,086 sq. ft. 42,429 sq. ft. 37,714 sq. ft. Since Parcel C is less than 40,000 square feet a variance of 2286 square feet has been requested. ANALYSIS/RECOMMENDATION The applicant has given three reasons why he feels the variance is justified: - . * Geography of subdivision border maintains the natural integrity of farm house's yard line - where a lawn meets a fence at the beginning of dense woods. * 37,714 is only 2,286 sq. ft. short of requriement (6%). * Most lots in this vicinity are in the 20-25,000 sql ft. range. A Residential Community on Lake Minnetonka's South Shore I- 7a.- (' .pro~rty In G E...'Chi bi t A SITE LOCATION KcCary - simple subd.ivision and. variance .. .. .. . ~or't~ 111;::400' .. \~-t\av\J A-eA . . I I I I I I I I I I I I I I I .. , \ ,< S. <:, ~;..;~.' .~ ,.... .,' ;_:. . ,~., ~.' ,,_ t : .,.'. . .,.,,"c; " ,,.,,. <)..,.,Y . ....: ~ "".. ..: ~ 1., . :.: .'......? : /. .:.~:.. .~:~., ';t :,,'. .,' !,'. ',' . 'C.~: ~', ..~>,.",. .; ,,,\.' . ' .::} , ~ '.:." '.40"~' ,',,::- ,.., . ,.' ..... , "(~,",,.', ' ' ~~~ _._~': ~~"i: \~ :~~ ~~ '. .'1I'OUI'" <6 It'ar '0./' )8 . . ."" '0 ..." .,.~~ 6"" j[.". , " . " . .. . . 8 \. 0 S , ~ .. ,. ^ :. ) .' ..' -. ~ i *ic:to"!f......~.~. .,' ,.' ...,.,. 00 '06'c' . .... 'ri \ ;. .' . ~. ",' :' I \ ~. o \ ..:i ~\ d,' - . ". -. .:. -~ ,. \ '\'1' $.' ".'uli. 1"~" ~.: ... ..'" .. '. . ,~ . 1 , .s, ~ . ,"" '..~h ' . t~ ~.~ _ .....~ ..'" ~.-:.." _!~.4'..- ,'--'-'" 01 r-"~f-:r1""'., ~. " o-~~:'.. c;;z- ~'~~.., 1 ~ j' <t :\ it .' ta ,.,.,.n u.J ,,; a'... . .~\ .. ri- .... . ' ;f.' ~ . ,'t . j, "'."' ~i .o:I,....~,...'.....~- .~' - ,-' ' . ...... . . ..... . . -~,~.!.~~-' "\~. ".' '" \ . . :.... .' ".' . '. . "'i': " ... ".. " ," <;. .-\.; ~' . .tot. 'V'. j"O~' : .:i ,:it :~ -"r t;.. " -' ,i". l ~_\\''- - . ... . . ... .. .. ." .. :- i " ~. 'L-,.' . .) . ..,' :~.:~*'i:j.~~~;". ,.~~.".. .... >......"::'~.... .' ..:, ...,."" , '.' \,' ~ ' . "'''''''d . to. . . ',~,. .,..... ' . . flOO t!Ci.iO;it .' .~.~... ~....~....,:, '" t.' . ..' .,', ; , i.. . '. . ! ...:t '. '-'.. .. ~-' ,'" '. .\:t\" . .( ~; . "to, ~'t- ." ~: ~... . ',. . " ,~f . ',' . t. " i, . ,I.. ~ ;'.',~ .I.... .."; ".' Exhibit E PROPOSED DI . VISION '~~'~'~-, '.' .'& ...,. oil' ,....':' t: .:, ",\ :-- .;.' . ~:. ,V' r.:.....~ (-~-"A.;: . .. '. . ..... i ......f,.;. ,. " ..."J.' ", i' .- "" ... ;\\ "ft, \ I' ---- o '" ,. i"'..... '" ' ~ ~.~ " ! .... 8,. " c' .._l!o ...0: a- . f-. '0 ~ "O.~ ~ ! i ~; .'.'" C ", ..... ",.", ..~ ~~,~~~oa~ '1 ." "':::~""If.~.:~ ,.( "tIt .~ .p. " +' it <;! ~ 1<0 .... :il".:.5"'~-. " ,.2'." ,...()i:S.'r-1..~~ct:: , .. ",...'~ .., . r '..lD.:fJJ ~!.;; >>.... . ~ (I) "', . :~ '5 " ~ <::>> ... 'il.... , 0 ......cl.. ., '. ." '. ......."\. -....; . _ .,.~ .. ." Ii OJ ~ ."1 .' f.a..~:Jrl1I!1,.. '.'. ',' .oI\.~~I-;" rl'I..:5 ., ' '. ' u.3- +' :I ... ~ ~ · a: , ' ~~ .0 ..- ~ ;:- ., +- . :l' ".9-;;;8 !_fi~~'~ , . ::i 11 ,. 1'." ~....~ ..l . "-.G~\;t .:I"~'.;. _.' ........... 'S!+' CXlO~ .~ g 1 ~ ::1 i ~ ~ ~ ~ i. 5".....~;t; :i:52. . J-tsl,"" __g")~J!. "~ ~.-.. "..' IrJl . <t::..... !f "... -.; 3.... " :~' ':i II ~,.. ""~ ~ g: - . ',' . {.i ~ ~ 1 f ;;... ~ s 3 :'~,:.'" ":. f ~.~, ~ ~;- ';; ~ .:, ~~~L:9!:O'; .' . ", \- '.' .:.; . - '" +' , ,.1 . .....___<0.. . . !''','l'' <.: ,.... ',. · ',' .. '. . 0 I' . ".;.1I'ftf>'.'~"1-> . . wiG::. . . ....~ 4' . \ -\ .... . ".;- .'. ~ '.'l ,~,. '. .t ~ . l ..~. "" . ... ..~ ! \," . .> .. .-'. '" '\ .~ " f,. ~ \", \,;\ .', ..'~\ " ,'; < -" . , , ~ ~ "2. '. .... ' " ,~. '", ~ ;. .~.' ,:.: ..,,: ( e . Planning Commission, Mayor and City Council 29 August 1983 Page Two Of the three statements, only the third is considered to be justification for the variance. Although lots to the south and west of the property in question are primarily one-acre lots, the property really relates more to those lots immediately north along Howard's Point Road. The property is separated from the area to the south by Smithtown Road which has been iden- tified in the Comprehensive Plan as a collector street and serves as an "urban barrier". Boulder Bridge Farm is located to the west of the McCary property and more or less exists as a neighborhood to itself. A large wet- land area lies east of the property. The lots that have been developed along Howard's Point Road average approx- imately 23,870 sqaure feet in area. For this reason the Comprehensive Plan indicates that the area is appropriate for 1-2 units per acre. In spite of the variance the applicant's proposed lots average 41,076 square feet in area. In view of the above it is recommended that the lot split and area variance be approved subject to the following: 1. Park dedication fees and sewer equalization charges must be paid prior to recording the division with the County. 2. The division must be recorded with the County within 30 days of Council approval. BJN/kw cc: Doug Uhrhamemr Jim Norton Gary Larson Mark McCary Kathy West .. .. ..--V)~ .~- L..L..J..L..lJ.L I L. o..J,.1U VI.-"'... .............-- PROPOSED DIVISION ,;~.~.~ " I :~,_." -\ '\ .', "..'\" ,'> I , .... ,,- ',': . :.:,::.':. '.' ',' ."'~<.,..." '\" -> "" :','>:'2', ~::"~~'.:::~\>~.~\~~~:,:~:~:~>;'\:;t; :J:~.',\' . ,;,;-~:' ~. '. . ~/; ',:~'. ."..',';,'.."._'~..:.:',.:,'t:,.../,,~.,...:_~..,," ", "0' ,,,,,\... \'f: :.....,!"., -!:') f', _ . - - - ~ ......: ",\ =-- 11:.:.;, V" :~':".. ."', !,:": ~;,.'" :It' i._. ,'. '-01" . . .", ' ~ ;.,. ":.~-' ;:0" :: ~>'..j> .~ ':.". r~'('~ tit e CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FRa4: RE: Kathy West September 9, 1983 McCary Subdivision and Variance Request-27280 Smi thtown Road DATE: At their 6 September 1983 meeting, the Planning Corrmission reviewed the application and recorrmended that the Council grant the request for simple subdivision and lot area variance, subject to the conditions listed in the Planner's Report dated 29 August 1983. The motion was made by Dick Spellman, seconded by Vern Watten, and carried unanimously, 7-0. A Residential Community on Lake Minnetonka's South Shore lh ~.v v' MEMORANDUM TO: FROM: DATE: RE: FILE NO.: BACKGROUND e e CITY OF SHOREWOOD MA YOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Kristi Stover ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 2 SEPTEMBER 1983 NORTHWEST A.M.P.S. - TELEPHONE SWITCH STATION AND TRANSMISSION ANTENNA 405 (83.30) Mr. Tom Harraka, representing Northwest Advanced Mobile Phone Service (A.M.P.S.) has requested that his company be allowed to locate a telephone switch station and transmission antenna in the City of Shorewood. The facility is one of sev- eral to be located in the metro area as part of a nationwide system to provide mobile telephone service. The request includes construction of a 22' x 25', one-story structure, and a "monopole" antenna 150 feet in height, supporting a triangular platform containing transmission equipment. The proposed location of the facility is at the rear of a site currently oc- cupied by Moore's Auto Sales, 24283 Smithtown Road (see Exhibits A through C, attached). Current zoning of the site is C-3, General Commercial. Surrounding land use and zoning are as follows: North Minnetonka Plaza Shopping Center (Tonka Bay), zoned commercial Minnetonka Transmission, zoned C-3 Shorewood Public Works Garage, City Hall parking lot and Badger Park, zoned R-2 Vacant lot, then Village Pump gas station, zoned C-3 East South West Shorewood's current Zoning Ordinance does not address facilities such as the A.M.P.S. facility. Consequently, staff has had the applicant apply for a Zoning Ordinance amendment to address the issue. A Residential Community on Lake Minnetonka's South Shore 2a....- e e Planning Commission, Mayor and City Council 2 September 1983 Page Two ISSUES AND ANALYSIS A. Use. The current Zoning Ordinance contains no reference to facilities such as the one proposed by Northwest A.M.P.S. Therefore, the City must determine whether the proposed use is acceptable within the C-3 District, and if so, whether it should be considered as a permitted use or a conditional use. The applicant maintains that the switch station should be considered an "essential service" and should be grouped with public utility facilities such as power and telephone lines. Shorewood's Zoning Ordinance contains only one reference to essential services. Section 11, Subd. 5 states: "The height limitations stipulated in this ordinance shall not apply to the following: A. Essential Service Structures, Architectual Features, Etc.: Church spires, belfries, cupolas and domes, water towers, transmission towers, flag poles, aerials and elevator pent houses." We checked with two other cities, Anoka and Woodbury, in which A.M.P.S. has applied for similar facilities, to see how those cities were addres- sing the request. The following are brief summaries of how the request was handled. 1. Anoka. The site in Anoka was a 60' x 85' parcel of land surrounded by residential structures. The area is planned and zoned for future industrial use. Their Zoning Ordinance allows television and radio broadcasting antennae with no height limitation by conditional use permit. The request was approved subject to A.M.P.S. guaranteeing that the system would not interfere with other systems and subject to landscaping the property. 2. Woodbury. The facility in Woodbury is proposed for a 45' x 100' site located in a rural agricultural area not planned for develop- ment until the year 2000. They classify the facility as an "essen- tial service". Their definition of essential service is extremely similar to that which is proposed in Shorewood's new Zoning Ordinance: "Essential Services. Overhead or underground electrical, gas steam or water distribution systems and structures or collec- tion, communication, supply or disposal systems and structures used by public utilities or governmental departments or commis- sions or as are required for the protection of the public health, safety or general welfare, conduits, cables, fire alarm boxes, police call boxes, and accessories in connection therewith but not including buildings." e e Planning Commission, Mayor and City Council 2 September 1983 Page Three They require a conditional use permit in order to exceed normal height limitations. Their staff has recommended approval subject to the fol- lowing: a. Brick exterior b. Burglar alarm c. Slope no more than 3 to 1 d. Planting of grass seed From a land use perspective the intensity of the activity proposed is minimal. The building is quite small and substantially hidden from view by the Public Works garage and existing vegetation. Except for periodic maintenance the facility would be unmanned, resulting in negligible traffic on County Road 19. The major concern is undoubtedly the height of the antenna mast. To get some idea as to how high 150 feet is we checked the height of several tall struc- tures. Possibly City officials would want to take a look at the following: standard power poles in residential areas are 35-40' high large power line structures along 1-494 range from 110 feet to 140 feet depending on respective elevations the water tower located in the southeast quadrant of 1-494 and Highway 7 is approximately 200 feet in height Bear in mind that the proposed monopole is much less obtrusive than either of the second two examples. A photograph of the switch station anc monopole is shown as exhibit D of this report. B. Site Plan. If the City determines the facility to be generally acceptable, the next step is to evaluate the proposed site plan, shown as Exhibit C of this report. The addition of the switch station constitutes a second principal use which is permitted under current zoning. Although the applicant had originally intended to purchase the rear of the lot in question, staff strongly recommends against allowing a subdivision of property which would result in a lot with no frontage on a public street. The proposed site plan conforms to the setback requirements of the C-3 District. Although a previous plan showed the building only 10 feet from the rear lot line, the applicant has revised his plan to conform with the 50 foot setback adjacent to an "R" District boundary. RECOMMENDATION If the proposed use is considered acceptable the City should determine whether it should be classified as an essential service or specifically defined sepa- rately. If considered to be an essential service the City may wish to change Section 11, Subd. 5 to allow structures over a certain height by conditional use permit. Possible conditions of such a c.u.p. might include: ~ "oO,ON n 9~1 -:::-. ~J;.., .. ii'll, ~ .01 ~ " 't ~ ,1' itE/ <?d I - Z .L01 ~ '" "" '" I '6 '" , 'OOl I <:) ~O. '" ;;:::: '" ::!.. ~ I ~ [', HI ' "'" '" ..... .-~.'>. ~ ~ N ..... ,~ o X (.) <, I.&J Q ~ o ' a: ~'N' . -. ;-v ,05 Co c! ; -;;: .:~: ;:" ~~...t' llii ,. -C:'__._ ~:.... "-' .... -;:-.~ -. ~.. ~, ~- . -a c N.~ S'()~'" ~ ' " ~:- ~ 0 " " :r: (.) UJ cs' \r , ' r- ... ,"" , . "'.' .Jro..,. ~ 1:"''1:.....1':::, ".-...... '" . " ~ \", - ~ '" "i 'tl ,~ ~ '~ - - ~ i ~ '/~ '. '" : t- ..... "S .: q' , '- \.." coz' .... ""'" ......, ..., f61>';~ .J.. gOil'~7V -: --4-- .il :':j'j(f? A\:IIN noo .... o t;, ~~ ~ "--'" " :-.. "- ~ ~. - ~ "t'~ ~~:.- .' " ~ , " .....:'.... ..........: ,: ....... ....,...... , '....: ;; ~ 0"" ~~o '" I · /'(7% " >J .J,J .. "://l/::~ ' ~ ..:::J Tf';--'. rJ N Exhibit A SITE LOCArIOn , Northwest AKP3 . zonl~g Proposed telephone sWltch station ---i /:: .:;I :'.""; "'.7;1'() . ,{ ~ ~ U) N - Ir,;~- N N r: ff-iX -- -- . ,...... Q "~-' -- \6t> ~. J01 \ \ .~.~ --~-'n."-", ~i.z__.__ [ cs,- '*' --- ~z 1.01 -------------- .~ -......... ~~. ~ ~~~a. ..."',.......~..~. ~ ~.~ CE."1E"\J~Of ' . ,,' . . N - ,-. · - ..., . ~... t.' . .' . ., . ' ..' . . ' - .- . ~ __ ;. ._. SUIl"C':~" .. ;.: ."U",.OU5 : ~ ~Oj).O : I 8 E of .,"'....... I ~ EOG I ." .. " 11 2 r. ..nItoI1 "" .__' ...c;,\J. I'''''''' ., 6.6-- -. -r"'~ "0 .. dl"E5 ~O ..0 ..ft..... ~5 S~~ .>, \ of 1,..01 21 \.. ~ '\. '( \.tlE , to. ... . .. ..# . . ........ crlf / 8\"'\lW'N~ ~ ~"CE5 = ....dJI, 20,'1.5 ~ ," I ; r' r' I !. JoYP'- ,:. ~_: LJ' ,.'.' (,~' ~to ;1": . . '..." . I'" .' ~ 'I ,". I . ,... I .~ I..)~: : -!"',",I' It.... I ....~ i~ .:. " .~ ..~I. ". ... -.I'I.,-~....,. " . .... ~ . ~ ~ .~.' . .,'pt .. . ~., ........, - ~ . ....,,-". " ;.~C:J 0 -<..~v 0 v If: ~v ~ ,fJ N C:J ~ ~~~ / / J' ." I ....J . .... N ~ 9 8 ... 0 fI I ... .'('- iI ... -' ~. II) ... :. ~ . ~... . \~'...,~ . ... :z: ... ~ i ,..-// -' .-- ~ __ _./ j : "2, '2 "r- --...- .---.... · "..., __---- I ~ USt-\ ~ , 85 ,c:JJ ~~0. '. ~.. . ". . ~:..---. --.~. . \ r--- , , I lo.I Z ::; '" ---l .. ." . .. ." ~ ..t>. .... . .. ....... ~. ,-, ',' '.' \ \. ~ ...."E' ..t. 't. '-. \ .- . ",.E .1<',,0<< of x...---:::' , ;:l[~~.. .0" ~' ~r I .,;..".::- t f t " } Exhibit B SITE SURVEY ~o~o ~ s~rn\'\O"'~ ... ~ e \ , I , , l " . , , , , , , L... - - t \.f,'>> \...0 ~o 6" '986 . ""-- 81 TUMINUS - - - Avto !>>..\.c') -- - ~ rv~ " O.:i- ~ "> q <<, 'V " " /~~~ . Not11\ frOf~, J 6w'ltO~ ~t'IOr\ BUILDING SETBACK L1 . Telco "Elec. Trent _Te.loo. Depth 30- , . .~J.#c. [)epth 42- ".' . . ~"'1-4 - Direct Buried ~ 'f .USl VE ESNHf. fOR i6RESS ,. UTILITIES \ ~ \ ~ Exhibit C -' PROPOSED SITE PLAN - I 7' High Chain Link Fence AlI3 Strands e e 'JC " ~ ~.. r , , ~ 1\ 1- I II II Ii ... :exhibit D PHOrOGRAPH - PROPOSED BUILJING AND AlTI'"2:tnJA Figure 9 - Cell Site Building and Mast It e . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM 'ID: The Mayor and City Council FRCM: Kathy West September 9, 1983 DATE: RE: Northwest A.M.P.S. At their September 6, 1983 meeting the Planning Corrnnission held a public hearing to address a request by Northwest A.M.P.S. to amend the Zoning ordinance. After discussion, Dick Spellman moved, Bob Shaw seconded, to recarmend that the Council amend the Zoning Ordinance to permit a telephone switch station and transmission antenna in the C- 3, General Carmercial District, by conditional use permit - subject to the conditions outlined in the City Plarmer's 2 September, 1983, Report. The motion carried, 6-1 on a roll call vote. Ayes: Leslie, Spellman, Shaw, Boyd, Benson, Watten Nay: Reese The Carmission noted that the proposal should be classified (or defined) as a telephone switch station rather than an essential service. , A Residential Community on Lake Minnetonka's South Shore \?b e . ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 77 IN THE 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 land, location, area, size, use, and height of buildings on lots ard the density of population in the City of Shorewood, Minnesota. City Council of the City of Shorewood does ordain: Section 1. Ordinance No. 77, Section 25, Subd. 3, shall be amended by adding the following: "C. Telephone Switching Station and accessory communication antenna, provided that: 1. The site should be landscaped with low maintenance plant materials. 2. The building should be masonry for ease of maintenance. 3. The facility should not interfere with other communications systems. 4. No additional signage is allowed. 5. The facility should comply with require- ments of Section 7 of this Ordinance." 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 , 1983. Robert Rascop, Mayor ATTEST: Sandra L. Kennelly, City Clerk ~~ . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Alexander Leonardo R obert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: The Mayor and City Council DATE: Kathy West September 9, 1983 FRCM: RE: Swirrming Pool Setback Requirements The Planning Commission held a Public Hearing at their September 6, 1983 meeting to review the proposed ordinance which reduces setback requirements for swimming pools. There were no comnents from the public. Bob Shaw moved, seconded by Frank Reese, to recomnend that the Council adopt the proposed ordinance(see attached text). The motion carried, 6-1, on a voice vote. (Ayes: Leslie, Reese, Spellman, Shaw, Boyd, Benson) (Nay: Watt en A Residential Community on Lake Minnetonka's South Shore qtL;