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06-20-17 Planning Comm Agenda CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JUNE 20, 2017 7:00 P.M. A G E N D A CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE MADDY (Jul) ______ SYLVESTER (May) ______ BEAN (Jun) ______ DAVIS (Aug) ______ RIEDEL (Sep) ______ APPROVAL OF AGENDA APPROVAL OF MINUTES June 6, 2017  1. PUBLIC HEARING – VARIANCES AND CONDITIONAL USE PERMITS (Continued from the June 6, 2017 meeting) Applicant: John and Stacia Lynch Location: 25380 Birch Bluff Road 2. MATTERS FROM THE FLOOR 3. OLD BUSINESS / NEW BUSINESS 4. DRAFT NEXT MEETING AGENDA (JULY 18, 2017) 5. REPORTS Liaison to Council  nd Other – Update on projects approved, Minnetonka County Club 2 Addition  6. ADJOURNMENT CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JUNE 6, 2017 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:03 P.M. ROLL CALL Present: Chair Maddy; Commissioners Bean and Sylvester; Planning Director Darling; and Council Liaison Sundberg Absent: Commissioners Davis and Riedel APPROVAL OF AGENDA Bean moved, Sylvester seconded, approving the agenda for June 6, 2017, as presented. Motion passed 3/0. APPROVAL OF MINUTES  May 2, 2017 Bean moved, Sylvester seconded, approving the Planning Commission Meeting Minutes of May 2, 2017, as presented. Motion passed 3/0. Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. 1. PUBLIC HEARING – VARIANCES AND CONDITIONAL USE PERMITS Applicant: John and Stacia Lynch Location: 25380 Birch Bluff Road Chair Maddy opened the Public Hearing at 7:05 P.M. noting the procedures used in a Public Hearing. He stated this evening the Planning Commission is going to consider variances and conditional use permits (C.U.P.s) for John and Stacia Lynch, 25380 Birch Bluff Road. Director Darling explained the Lynch property is located in the R-1C/S, Single-Family Residential/Shoreland District. The applicants are requesting a variance and a C.U.P. to build on a non- conforming lot; a side yard setback variance; and, a C.U.P. for fill in excess of 100 cubic yards to redevelop their lot for a new single-family house. When staff reviewed the request staff determined the applicants needed to revise their grading plans to comply with City requirements. That had not become clear to staff until after the public notice for this hearing had been published and it was too late to give the applicants sufficient time to revise their plans. CITY OF SHOREWOOD PLANNING COMMISSION MEETING June 6, 2017 Page 2 of 5 She recommended the Planning Commission open the Public Testimony portion of the Public Hearing, take public comment, and then continue this hearing to the June 20, 2017, Planning Commission meeting. That would allow staff the time it needs to complete the review of the revisions the applicants submitted. Commissioner Bean noted that generally the Planning Commission only meets the first Tuesday of the month. Director Darling stated it was her understanding that the Commission is scheduled to have two meetings a month, but the second would only be held if there were items for the agenda. There was Commission consensus to meet on June 20 because the first Tuesday in July is the Fourth of July. Commissioner Sylvester asked if the existing house is going to be removed. Director Darling confirmed that. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:09 P.M. In response to a question from someone in the audience, Chair Maddy explained what this hearing was for. Commissioner Bean explained the subject lot is substandard. The R-1C zoning district lot width requirement is 100 feet. The subject lot is only 60 feet wide. The ordinance would allow reconstruction of the house without a width variance if the non-conforming lot met 70 percent of the width requirement which it does not. There are also concerns about how the drainage would flow off of the property. Steve Sherf, 5315 Eureka Road, commented that he had served on the Minnetrista Planning Commission. When he did, Minnetrista was cautious about granting variances because of the precedent they would set. He asked how much of a side yard variance the applicants were asking for. Commissioner Bean responded 6 feet. Chair Maddy explained the lot is 60 feet wide and they propose to build a house that is 36 feet wide. To comply with the combined 30 foot side yard setback requirement the house could only be 30 feet wide. Director Darling explained the applicant is proposing a 10 foot side yard setback on one side of the property and a 14 foot side yard setback on the east side. The combined total of side yard setbacks would be 24 feet; the Ordinance requires a total of 30 feet. The 14 feet proposed on the east side is greater than what exists today. Mr. Sherf asked what the applicants’ hardship is. Director Darling explained they have an existing lot of record with a home on it. The hardship the applicants’ are proposing is that the lot width of 60 feet and the combined side yard setback requirement of 30 feet would make the new home very narrow and inconsistent with the other homes in the neighborhood. Commissioner Bean stated the lot was platted before the Shorewood Ordinance went into effect. It is preexisting condition. Mr. Sherf stated there are another half dozen nonconforming lots along Birch Bluff Road. Chair Maddy and Commissioner Bean thought that was at a minimum. CITY OF SHOREWOOD PLANNING COMMISSION MEETING June 6, 2017 Page 3 of 5 Mr. Sherf noted he was for private real estate rights; he was not trying to oppose this. He expressed concern about over building around the Lake Minnetonka shoreline. The denser it becomes around the Lake the less the Lake can be seen from the roads. He also has concern about setting a precedent for other nonconforming lots. He commented that on the other side of the bay there are a lot of 40-foot-wide lots as well as on the island and throughout the City of Mound. He stated he was not concerned about the drainage; the lot is very low. Robert Buegen, 25370 Birch Bluff Road, noted he is a co-owner of the property with his partner Joanne Ferraro. He stated they do not oppose the conditional use permit or the setback variance. He wants staff to ensure there will be an iron clad drainage plan that would work. He explained the back of his yard already ponds up. It has a very gradual slope. There is a culvert in there. It flows at its own speed which is slow. He wants to be assured that his property would not take on more water because of the proposed fill that would build the applicants’ lot up. He noted he thought the revised drainage plan looks good. He expressed a willingness to work with the applicants to ensure his property does not take on more water. Director Darling recommended continuing the Public Hearing to the June 20 Planning Commission meeting. Public Testimony could be taken again at that time when the full report was available. Chair Maddy continued the Public Testimony portion of the Public Hearing to the June 20 Planning Commission meeting at 7:16 P.M. Bean moved, Sylvester seconded, continuing the Public Hearing for variances and conditional use permits for John and Stacy Lynch, 25380 Birch Bluff Road, to the Planning Commission’s June 20, 2017, meeting. Motion passed 3/0. Chair Maddy continued the Public Hearing at 7:17 P.M. 2. MINOR SUBDIVISION Applicant: Michael Hayes Location: 24835 Yellowstone Trail Director Darling explained Michael Hayes, representing the property owner, proposes to subdivide the property located at 24835 Yellowstone Trail into two lots. This is the third similar application for a minor subdivision on the property. Previous requests were approved in 2005 and 2015. The property was originally platted as two lots (Lots 3 and 4, Block 1) in the Deerfield Addition subdivision. The two lots were combined into a single parcel at some point in the past. The property is zoned R-1C, Single-Family Residential and contains 54,779 square feet of area. The west side of the property is located within the Shoreland Overlay District for Lake Minnewashta. The property does not contain floodplain or wetland. There are mature trees on the site. Both of the proposed lots would comply with the area, depth and width requirements of the R-1C district as well as with the maximum hardcover requirement. The existing house was constructed in 1960. It is located on the west side of the property. The intent is to keep the house which complies with the setback requirements for the R1-C district. The applicant has shown that a house could be constructed on the new lot and comply with the setback requirements. City sewer is available to serve the new lot via a main in Yellowstone Trail. CITY OF SHOREWOOD PLANNING COMMISSION MEETING June 6, 2017 Page 4 of 5 Darling noted that based on the analysis of the case staff recommends approval of the minor division subject to the following conditions. 1. The applicant must provide easement documents for the drainage and utility easements, 10 feet around each lot. (Legal descriptions have been provided.) 2. The applicant must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. Prior to release of the resolution approving the request, the applicant must pay one park dedication fee ($6500) and one local sanitary sewer access charge ($1,200). Credit is allowed for the existing home on the site. 4. Because the division does not result in the removal of any trees from the property, tree preservation and reforestation can be addressed with the building permit application. Commissioner Bean stated that because this subdivision has already been approved twice he thought it would be difficult not to do so again. Commissioner Sylvester concurred. Bean moved, Sylvester seconded, recommending approval of a minor subdivision for Michael Hayes for the property located at 24835 Yellowstone Trail subject to the four conditions listed in the June 6, 2017, staff report. Motion passed 3/0. 3. MATTERS FROM THE FLOOR Someone from the audience asked what is going on with Eureka Road where the gravel section is. Chair Maddy asked Director Darling to comment on that. Darling stated she is not familiar with that. Maddy suggested giving the person Public Works Director Brown’s contact information. Julie Sherf, 5315 Eureka Road, explained she walks Eureka Road every day. Over the last year, particularly with the construction going on, the amount of traffic on the road has been increasing. The posted speed is 25 miles per hour (mph) and she thought the average speed of drivers was 30 – 35 mph. When it rains, like it did in May, the roadway surface ends up underwater; it washes out. Staff put cinders on the mud. The cinders bounce up when driven on and hit vehicles. Ms. Sherf stated she has heard that the City of Tonka Bay has been discussing the possibility of closing the access on Birch Bluff Road / Pleasant Avenue. If that were to happen all of that traffic would go onto Eureka Road. She asked if Shorewood is prepared to handle that either by upgrading Eureka Road or having an alternate plan. Chair Maddy stated the Planning Commission only deals with items like zoning and setbacks. That is something Council would deal with. Council Liaison Sundberg assured Ms. Sherf that Council is very concerned about that issue. She noted she is not aware of what the current status is of that possibility. She concurred that Shorewood needs to have a contingency plan in place if that happens. Director Darling stated a traffic study was or is going to be ordered. CITY OF SHOREWOOD PLANNING COMMISSION MEETING June 6, 2017 Page 5 of 5 Mr. Sherf stated she has seen police patrol cars parked near Crescent Beach but she does not know what the purpose was. Council Liaison Sundberg stated if Ms. Sherf knows people who live in Tonka Bay in that area she should encourage them to express their concern to the Tonka Bay Council. 4. OLD BUSINESS / NEW BUSINESS 5. DRAFT NEXT MEETING AGENDA Director Darling stated there is the continuation of tonight’s Public Hearing to consider variances and conditional use permits for John and Stacia Lynch, 25380 Birch Bluff Road slated for the June 20, 2017, Planning Commission meeting. 6. REPORTS • Liaison to Council Council Liaison Sundberg stated on Monday June 12, 2017, Riley Purgatory Bluff Creek Watershed District (RPBCWD) representatives will be at Council’s work session to talk about its work in Shorewood. RPBCWD has a new geological survey that forecasts rainfall and it is not looking good for some of the properties in Shorewood near Silver Lake. She thought it may be beneficial for Planning Commissioners to attend that. She then stated that the Partners in Energy group is making progress on its recommendations. She noted she would let the Commission know when that group will be at a Council work session. • SLUC • Other Commissioner Bean asked when the July Planning Commission will be. Director Darling stated it will be on July 18. 7. ADJOURNMENT Sylvester moved, Bean seconded, adjourning the Planning Commission Meeting of June 6, 2017, at 7:31 P.M. Motion passed 3/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder I� . 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'r } r Existing Survey N O r4 N Sk 3 0 n`I aV � oac�iaaa a � Off' 17 ((I N OJ N% pj Ol tph<t tD M � t .L W Z O Q ~ U n Q 0,4 Q Q W OQQQ6� O xOO -�C�QI F- d W Q i , f I t I 1 t. 'r } r Existing Survey ADVANCE SURVEYING t& ENGINEERING CO. 5300 S. Flwy. No, 101 Minnetonka, MN 55345 Phone (952) 474 7964 Fax(952)2250502 WWW.ADVSUR.COM SURVEY FOR: STACM LYNCH /�' SURVEYED.- July, 2015 DRAFTED: July 21, 2015 ol ` 9�'' 1tLVISED: June 22, 20I6 to add topography. r,�4 �" �yttEfs �i' �47a t>F ADDRESS: 25380 Birch Bluff Rd, Shorewood Mn 11 i `1 LEGAL DESCRIPTION: ter""" — ow The East 60 feet of the West 160 feet of Lot 1, Grantville, Hennepin Coutrry, Minnesota. . �'�` — _ x'9912 996,1 SCOPE OF WORK & LIMI'T'ATIONS: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records ar consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey', Rave been shown. 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the comers of the property. 4. Showing and tabulating hard cover area and the area of the lot for your review and for the review of such governmental agencies that may have jurisdiction over hard cover requirements. 5. Showing elevations on the site at selected locations to give some indication of the topography of the site. T11e elevations .hown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. STANDARD SYMBOLS &: CONVENTIONS: " 0 " Denotes found iron monument, un ess Rherwise noted. CERTIFICATION: 1 hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Signature: gk&in.cE6, A. 21 o' ;-m TYped Name: Thomas M. Bloom Reg- No.. 42379 Date: June 22 2016 RECEIVED JUN - 7 2017 CITY OF SHOREWOOD 1` PROPOSED HARDCOVER 1683 SF HOUSE GARAGE POOL &APRON ENTRY /STOOP ENTRY WALKWAY DRIVEWAY TOTAL HARDCOVER AREA OF LOTTO O.H.W. COVERAGE It O O r•r' tD b C 892 SF 480 SF 78 SF 150 SF 1550 SF 4833 SF 19,460 SF 24.8% 06, GRAPHIC SCALE 20 0 10 20 40 { 1K FEET ) l.Q6 X, t' f 441 XT 1 f i i f 1 431 1t��t YJ7'„y 1- od fl 1 4] x 9a�x ID t,�' OtiMELLNG My14 ] y ., I 43 ,F 77. 9]7 b 97u { - �� 7 st 9345 [X45RNG 1 % ON£LUNG "Al t� x934 a �) 9341 1 % 9998 f r- � r T"'.' Nl7Y L.. 1 JCS, U x a.xs0r 710 Z I I x 4:IL9 I. &- / f 1 r 7 - rf x 9716 796 I 93.6 22 x48.9 j x 930 X 9317 t Y 41 •� 11 9959 4 'l 93TA x � "'CCL4, i x 971.7 xl9ea 1 l 1 clnvEar -. 4�l x975, ` 9rJ7P 946,0 \` X'93i25 99!•T`yt 90,0 9 ] n , \ t• �' 944 �.. •9 4 x 99 1 x 4]sa .�Ir�c�f Blrr�>1 �fj�Y. i {llr ➢.0.:1 HENQHMARK: TOP or MANHOLE 940.5 X 7=G PAAC iVO 160,511 _7__? rVil A ell Ajr aw SEEM IP IAO q, Proposed Building Plans 4 II I 010 om P7 FAWjr4 (001a) 1 ;,0 5F Vj- — -Re4vff D c'�PArAr cvpm)r,( pga)b (-O. 0. tIA r--",Pr- vi o o p El '162 4Locuy Foy V-VLII_6,q C i �/�ooy�� Ili r IQ !�>3A, ...... 'IZIA . .t4, -oct,16 -IIA ;v • i� fY �.!• •. � � NYr..��� -.' iif.:,�l'i it a� A. ,. :I e� c . . Aulk stir VF 4 SEW; _7 NOW m Of i kii: ll�l k 1 ' ;. � � '� � �, � �; �� I � ,. _� ,�� II j!. ;, ;(� . � �� \ . .�� � �F�; ..�.. '� -- - -.. - -, -�- - RECEIVED MAY 3 0 2017 CITY OF SHOREWOOD Robert J. Beugen 941 Hillwind Road NE # 10OG Fridley, MN 55432 (763) 571 -7730 Facsimile (763) 571 -7741 robertbeugen @gmail.com - May 30, 2017 City of Shoreview Planning Commission 5755 Country Club Road Shorewood, MN 55331 Attn: Marie Darling RE: John and Stacia Lynch 25380 Birch Bluff Road Dear Ms. Darling: I am writing in response to the public hearing notice which I received late last week. Joanne Ferraro and I are joint owners of the property adjacent to the Lynch property on the Northeasterly side. Generally speaking we do not oppose the setback requests. We are however extremely concerned that the applicants do not make material changes to the existing contours or build improvements that would impact water drainage so as to increase water flow onto our property. Accordingly we respectfully request that the applicants provide the City of Shorewood (and us) with the following information. 1. We would request full. sized scalable prints showing the proposed drainage plan. This plan should show existing drainage and proposed future elevations and future drainage. Correspondence Received 2. We would request details of the proposed retaining wall including the exact dimensions of the wall, exact location of the wall, the type of material in which the wall will be constructed, and a drainage plan for the wall itself. 3. We would also request detailed plans for diversion of rain water from the roof of the proposed new home including gutters, down spouts and containment of rain water. 4. Applicants have informed us that they intend to construct a swimming pool in the front yard. If a pool is constructed our questions is where will the water go when the pool needs to be drained. 5. We would request a written disclosure of plans for overhead utility lines that presently cross our back yard. 6. Further we would request a written proposal of plans for tree removal along or near our joint property line. 7. We would request a written plan showing the front or Northwest corner of our house and our deck with the contour lines which show the present elevations and proposed changes, if any, to those elevations. While we do not wish to hinder Mr. and Mrs. Lynch in their efforts we are certainly concerned that their construction activities do not diminish, in any way, the present status of our property. It will take several days for Mr. and Mrs. Lynch to gather the information which we have requested and certainly several days for us to evaluate it. Accordingly we would request a reasonable continuance of the hearing date presently scheduled for June 6, 2017 at 7pm. Thank you for your assistance. Very ruly Yours, Robert I Beugen C RJB: sfc