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11-07-17 Planning Comm AgendaCITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, NOVEMBER 7, 2017 8:00 P.M. AGENDA CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE 1 2 3 11 5 APPROVAL OF AGENDA APPROVAL OF MINUTES October 3, 2017 PUBLIC HEARINGS A) BEAN (Dec) Absent DAVIS (Nov) RIEDEL (Oct) MADDY (Jan) SYLVESTER (Feb) 8:00 P.M. PUBLIC HEARING — P.U.D. AMENDMENT REGARDING SIGNAGE Applicant: Shorewood Landing Senior Living Location: 6000 Chaska Road B) 8:10 P.M. PUBLIC HEARING — NORQUAL ADDITION - PRELIMINARY PLAT AND LOT WIDTH VARIANCE Applicant: Michael Schroeder (rep. Jack and Gretchen Norqual) Location: 27964 and 27968 Smithtown Road C) 8:20 P.M. PUBLIC HEARING — SIDE YARD SETBACK VARIANCE Applicant: William and Melanie Keegan Location: 25830 Birch Bluff Road D) 8:20 P.M. PUBLIC HEARING —FRONT YARD SETBACK VARIANCE Applicant: Channing and Jessica Scott Location: 5915 Galpin Lake Road OTHER BUSINESS MATTERS FROM THE FLOOR 6. REPORTS Councilmember Johnson's Report Update on projects approved Draft next meeting agenda 7. ADJOURNMENT CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 3, 2017 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:02 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Maddy; Commissioners Bean, Davis, and Riedel; Planning Director Darling; and, Council Liaison Johnson Absent: Commissioner Sylvester 1. APPROVAL OF AGENDA Bean moved, Davis seconded, approving the agenda for October 3, 2017, as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES • August 1, 2017 Davis moved, Riedel seconded, approving the Planning Commission Meeting Minutes of August 1, 2017, as presented. Motion passed 4/0. 3. PUBLIC HEARING A. 7:00 P.M. — CONSIDER ZONING CODE TEXT AMENDMENTS REGARDING SECTION 1201.05, ADMINISTRATION OF VARIANCE AND APPEALS; SECTION 1201.02, DEFINITIONS; AND SECTION 201.07 PLANNING COMMISSION POWER AND DUTIES Chair Maddy opened the Public Hearing at 7:04 P.M. Director Darling noted staff is proposing amendments to the Zoning Code which pertain to appeals and variances. She explained the current Code has combined those two types of applications into one set of regulations. Staff drafted the amendments to separate the two applications and processes. She reviewed the definitions for the two types of applications. An appeal is a request to the Planning Commission and City Council to review and overturn an administrative interpretation of the zoning ordinances or an employee's decision or a denial of a permit. Essentially, an appellant would be maintaining that an employee made an error when they interpreted the ordinance, enforced a regulation, or some similar issue. The current Ordinance requires that a public hearing be held for an appeal and that all property owners within 500 feet of the CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2017 Page 2 of 4 appellant's property be notified. Staff has proposed that all appeals come before the Planning Commission at a public meeting rather than at a public hearing. What the appellant is asking for is clarification of the rules or relief from what they believe is a staff error. A mailed notice would not be as direct as it is with, for example, variances and conditional use permits (C.U.P.$). Because the request for an appeal may be applicable city -wide rather than for just one specific property the owners of adjacent properties would not be notified. If an appeal is successful the appellant is returned to the correct process or activity and notification is decided by the applicable process. A variance is a request to allow a deviation in the application of the Zoning Ordinance as it applies to a property because of some practical difficulty that exists on a specific property. Essentially, it allows the applicant the ability to do something that the zoning regulations say is not permissible because of some outstanding circumstance. The current Ordinance requires that a public hearing be held and that all property owners within 500 feet of the applicant's property be notified. Staff has proposed that variances come before the Planning Commission at a public meeting rather than a public hearing and to continue to notify all property owners within 500 feet of the applicant's property. Staff has also proposed amendments to the criteria for reviewing a variance and some alteration to the procedures. The most notable proposed change is to remove the requirement to hold a public hearing from the review of either application. When the requirement to hold a public hearing was initially included in the City's Ordinances it was an effective means to communicate public action; people used it to find out what the government was reviewing, what it was hearing and how it was changing the rules. Today, more residents electronically subscribe to newspapers or they do not subscribe at all. Few residents read the public notice sections in newspapers. Staff is more likely to receive calls or questions about items posted for Council's review on the City's website or from agendas for public meetings emailed to interested residents. Staff thinks the effectiveness of public notice is negligible. Commissioner Bean asked if public testimony would be taken during a public meeting. Director Darling stated that could be done but it is not a requirement. Bean stated he never thought that taking public testimony would be optional. He then stated he agrees that an appeal does not necessitate notifying other property owners. But, he has some question about not holding a public hearing for variance applications. In response to a question from Commissioner Riedel, Director Darling explained the notice of a public hearing has to be published in the City's Official Newspaper which is the Sun Sailor. The City may also publish it in the Lakeshore Weekly News. The cost to publish one hearing notice is $100. Riedel then stated those published public hearing notices reach only a small percentage of residents. With regard to Section 1201.05 Administration, Variances and Appeals, after discussion the following changes were recommended to what staff proposed. • Subd.2.a.(3) — It was changed to read "Filed within 14 days of the date the administrator's decision was mailed ". • Subd.2.d. — "... appellant or a representative thereof shall appear ..." was changed to "... appellant or a representative thereof may appear...". • Subd.2.e. — It was changed to read "... passage by a simple majority vote of a quorum of the City Council." • Subd.3.a.(2) — Change "Practical difficulties mean that the property owner proposes to:" to "Practical difficulties mean:" and change Subd.3.a.(2)(a) to read "Use of the property in a reasonable manner is not permitted by this Chapter." Staff will review the wording of this. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2017 Page 3 of 4 Subd.3.b.(4) — "... applicant or a representative thereof shall appear ..." was changed to "... applicant or a representative thereof may appear...". Subd.3.b.(6)(a) — It was changed to read "... passage by a simple majority vote of a quorum of the City Council." Subd.3.b.(6)(c) — It was changed to read made by not less than a simple majority vote of a quorum of the City Council." Council Liaison Johnson stated Director Darling's staff report for this item states "The Planning Commission doesn't have to allow residents to speak during a public meeting, but Shorewood's practice includes allowing any attendee to voice their concerns." He asked if changing the consideration of variances and appeals to be during public meetings he asked if that would allow the opportunity for future Councils and /or Planning Commissions to shut down the opportunity for taking public testimony. Commissioner Riedel asked if there is a way to avoid publishing the notice of a public hearing in the City's Official Newspaper. Director Darling stated no. Commissioner Bean asked if it would be possible to stipulate that public testimony shall be taken during any public meeting. Council Liaison Johnson noted he was going to suggest that same thing. There was Planning Committee consensus to have the City's Ordinance stipulate that public testimony must be taken during any public meeting for consideration of a variance. Council Liaison Johnson suggested adding one sentence to Subd.3.b.(3) Public Meeting which states "Public testimony will be heard." Director Darling suggested adding "and take public testimony" to the end of Subd.3.b.(4). There was Planning Commission consensus to add to the end of Subd.3.b.(4) "The Planning Commission shall take public testimony ". Seeing no one present to comment on the case, Chair Maddy opened and closed the Public Testimony portion of the Public Hearing at 7:59P.M. Bean moved, Davis seconded, recommending approval of the proposed ordinance amending the Zoning Code as it pertains to variances and appeals subject to making the changes recommended above. Motion passed 4/0. Chair Maddy closed the Public Hearing at 8:00 P.M. 4. OTHER BUSINESS A. Discuss Meeting Date for November Director Darling stated the next regular Planning Commission meeting is scheduled for November 7 at 7:00 P.M. while noting that is an election day. The options are to start the meeting at 8:00 P.M. after the polls close or to reschedule it for November 21. Commissioner Bean noted November 21 is the week of Thanksgiving and noted that he would not be in attendance on November 7. There was Planning Commission consensus to change the start time of the November 7 to 8:00 P.M. If it appears there could potentially be a long line of voters waiting to vote for the School Board election then the meeting will be moved to November 21. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2017 Page 4 of 4 B. Determine Liaison Schedule for October through December Liaisons to Council were selected as follows: October 2017 Commissioner Riedel November 2017 Commissioner Davis December 2017 Commissioner Bean January 2018 Chair Maddy February 2018 Commissioner Sylvester 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6. REPORTS Liaison to Council Report by Councilmember Johnson Council Liaison Johnson reported on matters considered and actions taken during Council's September 25, 2017 meeting (as detailed in the minutes for that meeting). He had a strong focus on the conditional use permit (C.U.P.) application for a drive -thru service window for a proposed coffee shop. Director Darling elaborated on that. There was ensuing discussion about the proposed coffee shop and traffic in general in that area. Update on Projects Approved Director Darling stated that Council had adopted a resolution granting a conditional use permit and a lot width variance to build on a substandard lot to Mark and Karleen Leslie, 28241 Boulder Circle, during its August 28 meeting. Draft Next Meeting Agenda Director Darling stated there are an amendment to a planned unit development, a lot line rearrangement, and a variance slated for the November 7, 2017, Planning Commission meeting. 7. ADJOURNMENT Davis moved, Bean seconded, Adjourning the Planning Commission Meeting of October 3, 2017, at 8:17 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder MEMORANDUM SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952- 960 -7900 Fax: 952- 474 -0128 6 www.ci.shorewood.mn.us • cityhall @ci.shorewood.mn.us TO: Planning Commission FROM: Marie Darling MEETING DATE: November 7, 2017 RE: KTJ 285, LLC. —PUD amendment for two additional wall signs LOCATION: Shorewood Landing, 6000 Chaska Road ZONING: PUD REVIEW DEADLINE: February 1, 2017 FILE NO.: 405 (17.25) REQUEST The applicant proposes to add two wall signs to the south side of the building to avoid confusion by directing visitors and residents to Shorewood Landings and eliminate unnecessary turning on Chaska Road. (See the attached plans) The applicant has received permits and installed the following two signs as allowed by the original PUD: • A freestanding sign near the northeasterly entrance on Chaska Road (illuminated by ground- mounted lights) • A wall sign on the north side of the building Aerial photo of the development not yet available f Y' r ,1!�<�I(�I.!�4.,� .�a , r h4 r , 6 , Because the property is a PUD, requests for modifications to the original approval are considered amendments to the PUD rather than variances. Notice of this application was published in both the City's official newspapers and mailed to all property owners within 500 feet of the property at least 10 days prior to the Planning Commissions public hearing. Page 2 BACKGROUND Context: In 2015, the City Council approved amendments to the sign regulations for the R -C zoning district to allow properties in that district the ability to have two signs, where most residential properties are allowed one freestanding sign with a maximum area of either 20 or 32 square feet depending on the type of sign. Properties in residential zones outside the PUD or R -C district are not allowed to have wall signs. In 2016, the City Council approved the development agreement for Shorewood Landings and the project is nearing completion. The building includes 105 apartments for senior citizens, including independent, assisted living and memory care apartments. The property was originally in the R -C district and signage is allowed based on the requirements of that district unless amended through the PUD process. ANALYSIS To review the application, staff used the following criteria: Effectiveness of the proposed signage as wayfinding devices Impact to the neighborhood EFFECTIVENESS The applicant indicated that they propose to add two wall signs to eliminate confusion for visitors and unnecessary turnarounds. Staff reviewed the signage to determine the effectiveness of the signage proposed. Existing signage: The freestanding sign is the most effective sign on the property for wayfinding. It is located on top of the berm separating the Chaska Road right -of -way and the parking lot. It is visible to both east and westbound traffic on Chaska Road. The North wall signage is not visible to either east or west bound traffic until the vehicle is adjacent to the sign due to the speeds permitted on Highway 7, the angle of the fayade the sign is attached to, the height of the sign on the building and the amount of existing trees on the north side of the building. Proposed signage: The sign proposed over the main door (sign 3 on the attached plans) would not be visible to east or westbound traffic until vehicles are directly abutting the middle of the site. The sign at the not corner of the building (sign 4 on the attached plan) would be visible to eastbound traffic once vehicles are nearing the south end of the property. Because of the lower traffic speeds on Chaska Road, the sign 4 on the building could function to direct people into the property. However, sign 3 does not help vehicles find the property until they are very close to the building. In considering the request, staff concludes that having two signs on the same side of the building is not effective for directing traffic to the site. Page 3 IMPACT Both of the proposed signs would face the residential properties on the southeast side of Chaska Road. The design and color of the signs blends in with the design of the building. No illumination of the additional wall signs is proposed. Consequently, staff conclude that the signage would have little or no impact on the adjacent residents. RECOMMENDATION Staff recommends approval of the sign proposed in the northeast corner, although the decision is based on standards that are open to interpretation. After reviewing the materials and listening to public testimony, the Planning Commission could reasonably conclude differently. Staff further recommends a condition prohibiting illumination for any additional wall signage that faces the residential properties along Chaska Road. ATTACHMENTS: Location Map Applicants Plans S3P1 nnniaglPlanning Fikcs Applicatio.a\2017 CURRENT CASES1Sho—od landings POD amendment SigmTC memo November 7, 2017.do P _S I BUILDNG MONUMET ION - REFER TO CINVIL xx FOR PLACEMENT 5, Al Al .. ... .. ... . 6 X, GENERATOR STING LOCATION -REFER TO E xi SIGN If CIVIL FOR PLACEMENT UNDERGROUND PARKING ENTRANCE EXISTING SIGN 8 P� 7— .3w 4.1 11 o x X 4", Z, f cl) 19 PROPOSED SIGN IRANSIMN POIN DESIGN-BUILD L RETAINING WALL - REFER TO CIVIL FOR ELEVATIONS L*Z 4 PA' 0 ct) A4� no - - - - - - - - - - - - - - CL 41 $I PARKING LOT A Al SEE CIVIL FOR ADA -,..,PARKING SIGNAGE RECEIVED V6 1 01 Alp NN SEP 2 6 2017 I. ROPOSED 3-STORY BUILDI 105 UNITS (25 MEMORY CARE & 80 ASSISTED PATI 0 T) INDEPENDENT LIVING UNIT X 'Ilk CITY OF SHOREWOOD COVERED Ilk .1 1�,- PATIn 1\ PROPOSED SIGN TRANSFORMER REFER To CIVIL', EQ E FLAT CURB ;7 Q ( AREA B EAST ELEVATION: FLAT CUT OUT LETTERS QTY. 1 1 184" (15.33') Scale: 3/32 " =1' -0" if-v±EShorn.wood LO 't'S E N 9 O R LGVUN& 2 (DETAIL: FLAT CUT OUT L 1 38.64 S.F. (47 S.F. MAX.) u u LWU ph: 651.481.9036 fx:651.481.0613 I 17 1209 West County Road C, Suite 100 ' Arden Hills, MN 55112 ""Me Is on our51do" www.fourthdimensioncnc.com Approved by: CUSTOMER PROJECT JOB NUMBER Shorewood Landing �_ Interior & Exterior Signage 0000 d �0 ng -1/4 "THICK FLAT CUT ALUM. LETTERS PTD. ONE COLOR TO MATCH SW 9101 TRES NATURAL W /SATIN FINISH. FLUSH MOUNTED W/ STUDS & SILICONE ADHESIVE. SAME FOR ADDRESS NUMBERS Scale: 3/8 " =1' -0" Any and all artwork provided on this page Is the property of Fourth Dimension CNC and is protected by all applicable copyright laws and can only be used by permission from Date: Fouth Dimension CNC. SUBMITTAL 1 REVISION/ DATE SCALE SALES / PM 09.12.2017 8 -23 -17 See Title Bar Jim Davis /Corrine RECEIVED SEP 2 6 2017 CITY OF SHOREWOOD N 2191/4" (15.3 Building Sign #4 Oppidan to have PUD amended Scale: 1/16 "m1' -0„ _ o M Shore.-wood � d�ng Z1/4"THICK �O r �O M Ol UV� FLAT CUT ALUM. LETTERS PTD. ONE COLOR TO MATCH r-��-S E N � SW 9101 TRES NATURAL W/ SATIN FINISH. FLUSH MOUNTED W/ STUDS & SILICONE ADHESIVE. SAME FOR ADDRESS NUMBERS K 2 54.81 S.F (67 S.F MAX.) ph: 651.481.9036 fx:651.481.0613 1209 West County Road C, Suite 100 Arden Hills, MN 55112 -rime Is on awroleo www.fourthdimensioncnc.com Approved by: Scale: 1/4 " =1' -0„ Any and all artwork provided on this page is the property of Fourth Dimension CNC and is protected by all applicable copyright laws and can only be used by permission from Date: Fouth Dimension CNC. L STOMER PROJECT JOB NUMBER SUBMITTAL 1 REVISION /DATE SCALE LSALES / PM orewoo d handing Interior & Exterior Signage 0000 09.12.201 i 8®23 -1 See Title Bar Davis / Corrine RECEIVED SEP 2 6 2017 CITY OF SHOREWOOD CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952- 960 -7900 Fax: 952- 474 -0128 • www.d.shorewood.mn.us • cityhaH@cLshorewood.mn.us cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Marie Darling, Planning Director DATE: November 7, 2017 RE: Norqual Addition, Preliminary Plat and Variance LOCATION: 27964 and 27968 Smithtown Road REVIEW DEADLINE: January 31, 2018 ZONING: R -lA /S FILE NO.: 405 (17.28) REQUEST Schroeder Management, LLC. (on behalf of property owners Jack and Gretchen Norqual) requests a preliminary plat to adjust the lot line between the two properties and a variance to lot width for the southerly parcel (27968 Smithtown Road). The subdivision is proposed to modify the property lines to provide an individual driveway and a new water main connection for 27968 Smithtown Road. The applicant would also adjust the lot line in the northeast corner of the southerly parcel to move some land from the smaller parcel to the larger parcel. The existing homes would remain on the properties although the property owners would sell 27968 Smithtown Road. The existing house at 27964 Smithtown Rd would be on Lot 1 of the new subdivision, and the existing house at 27968 would be on Lot 2. The property owners have also requested a final plat and a vacation of easements, which are reviewed by the City Council. They would also be required to request a zoning permit for the new driveway and a sewer /water permit for the new water connection. Tree preservation and grading/drainage impacts would be reviewed with the zoning permit. Memorandum Re: Norqual Addition Page 2 Notice of this application was published in both the City's official newspapers and mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. BACKGROUND Context: The subject property is currently developed with a single- family home on each lot. Under the plan, the existing homes would remain. The adjacent properties are all developed with single family homes. The existing homes were constructed in 1959 (27968) and 2005 (27964). The property at 27964 Smithtown Road was created as part of the Bay Park Addition approved in 1983 and the property at 27964 Smithtown Road is unplatted. The properties contains mature trees, abut Lake Minnetonka and the shoreline is within the 100 -year floodplain. ANALYSIS A. Preliminary Plat. Lot Width/Area: Section 1202.05 Subd. 2. c. of the subdivision regulations requires that all lots have adequate frontage on a city approved street to accommodate a driveway and required driveway setbacks. Additionally, section 120 1. 10 of the zoning regulations has specific area and width requirements for newly created lots. The current and proposed lot areas and widths are shown below: ADDRESS EXISTING PROPOSED REQUIRED IN R -1A Lot Area Lot Width* Lot Area Lot Width* Lot Area Lot Width* Lot 1 5 acres ±295 feet 4.5 acres 245 feet 92 acres 120 feet Lot 2 .92 acres 0 1.45 acres 50 feet *As measured at the front setback Because the lot for 27968 Smithtown Road does not meet the requirements for lot width, a variance is required and discussed below. Easements: Section 1202.05 Subd. 6 requires 10 -foot drainage and utility easements around the periphery of each lot and additional easements over the top of any utility lines. The applicant has provided both the peripheral easements on the plat and has an existing 15- foot easement over the sewer line that runs through the property. This is consistent with city code requirements. Access/Lot Frontage: Section 1202.05 Subd. 2. C. requires that every lot must have adequate frontage on a city approved street to accommodate a driveway and required driveway setbacks, as required in the S'.0anningManning FiWApplicntionsl2017 CURRENT CASESWorqual Addition PP FP VAR VACTC Nfcmo.dac Memorandum Re: Norqual Addition Page 3 Shorewood Zoning Ordinance. The proposal would provide an adequate area to construct a driveway, but would not meet the R -IA requirement for 120 feet of lot width. B. Lot Width Variance for Lot 2. The zoning regulations allow for variances upon showing that practical difficulties exist and that the request is consistent with the intent of the regulations. Section 1201.05 Subd. 2. b. of the Shorewood Zoning Code sets forth criteria for the consideration of variance requests. Staff reviewed the request according to these criteria, as follows: Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the property for residential purposes and the variance is proposed to provide a driveway access to Smithtown Road for the non - conforming lot. Providing any frontage access to the property would reduce the existing non - conformity. 2. Practical difficulties: Practical difficulties include three factors, all three of which must be met: a) reasonableness; b) circumstances unique to the property and not caused by the landowner; and c) maintenance of the essential character of the area. a. Reasonable: On their own initiative, the property owners have requested the ability to provide an individual private driveway to Smithtown Road. b. Self- Created: The applicant did not create the practical difficulties in this case. They purchased the home and lot in its existing condition. The lot is legally non - conforming and accessed by private easements. The city could not compel the property owner to correct this situation if the property owner elected to keep the lot lines the way they currently exist. C. Essential Character: No additional lots of record are proposed to be created. The existing two homes would remain. The essential character of the area would remain unchanged except for a new driveway to be constructed from the home on Lot 2 to Smithtown Road. Special privilege. The property owners are clearing up a non - conforming situation. By code, all properties should have access to adjacent public streets. 4. Impact to adjacent properties. The property owners are not proposing anything that would impair an adequate supply of light and air to an adjacent property, increase the risk of fire or endanger public safety, unreasonably diminish or impair values in the neighborhood. Staff finds the requested variance is the minimum necessary to alleviate the practical difficulties. S:TlanningTIanning FileslApplications\2017 CURRENT CASESWorqual Addidon PP FP VAR VACVC McmoAx Memorandum Re: Norqual Addition Page 4 RECOMMENDATION Staff recommends approval of the preliminary plat and variance to lot width for Lot 2 for Schroeder Management, Inc. subject to the conditions that the applicant obtain the necessary permits prior to installation of the new driveway and water service. ATTACHMENTS Applicant's narrative Location map Survey of properties before the subdivision Proposed plat S9Planning\Planning FileelApplipGons12017 CURRENT CASESNorgml Addition PP FP VAR VACIPC Memo.doc 9/29/17 To: City of Shorewood 5755 Country Club Rd Shorewood, MN 55331 From: Jack & Gretchen Norqual 27968 Smithtown Road Shorewood, MN 55331 Jack & Gretchen Norqual the owners of real property located at 27968 Smithtown Road PID 31- 117 -23 -34 -0009 and 27964 Smithtown Road PID 31- 117 -23 -34 -0026 in Shorewood MN request permission of the city to make the following Property Line adjustment's between above mentioned properties per the attached PLAT drawing "Norqual Addition" provided by Otto Associates Engineers & Land Surveyors, Inc. Including a variance for required minimum lot width at front yard setback as well as a vacation of easements not necessary after new lot configuration per attached Easement Vacation Exhibit. The purpose of this property line adjustment is to Provide the land locked property at 27968 Smithtown Road with Its own permanent access to Smithtown Road and provide a rout to bring in City Water to the residence. Lake Minnetonka 5Ubje P_rope X � Woodside Road\ lKathleen Ct Boulder_ BrynrnawrLPI . ae� �dg A co , Maple Virginia _Cove Ridge o La �- A. 1 cQ! Carver Coun Mai C IN 4c 250 500 1,000 Feet o c� J .�I Tv 1 Certificate of Survey - Before LEGEND FF= 989.36 denotes Finished Floor Dawllon denotes Hydrant jX denotes Light Pole - - - - -- denotes Drainage and Utility Easement per the plot BAY PARK ADDIRON — - - — denotes Proposed Drainage and UbTity Easement f �' I, BAY PARK ADDIRQ`!• III / / 5655 LAKE MINNETONKA 0,d '—y High 80fn Llewfion - 929.4 Highest Recorded Kiefer E7ewt/ n - 9JB52 Nate, Elewflon on 7 -JI -17 - 929.03 9ygy8• -, 0/ ,ysir��ayh QUO /Did/ l 9 of J v l !.ravel S / � I / 1 / `y'" J�••F \Lands <ophg�� I �Ik SE of I / �-0 rrOUSe'a?95J L o Conaete P.N. PARCEL- B Area = 0.91- ACRES to Oh EXISTING PRDPERTY DESCRIP77A4 N4oiS9E ` - - / 4272 Y- - E ' / - - - - - - - - - - - - - - - o -- _----- __ -.PI437e1 -I. ^9 ``Refohhg WM ?.9' SB976'34 -W 284.1 Meer I \ '•3" south o /Lhe��91400 -W 28116 < 8732'S0'Meos� s! ' �� eene'oo' Hot st T Math Lhe of the South 24836 feet of 6aw.vn I Lot 4, Secfkan 31 PARCEL A: Lot 2, Block 1, BAY PARK ADDITION, Hennepin County, Minnesota, according to the record plot thereof PARCEL B. That port of Government Lot 4, Section 31, Township 117, Range 25, Hennepin County, Minnesota, described as follows: Commencing of the intersection of the centerline of Smithtown Rood and the North line of the South 246.36 feet of Section; thence West olong sold North line 344.83 feet; thence deflecting right 88 degrees 08 minutes, o distance of 45.00 feet; thence South 89 degrees 14 minutes West, o distonce of 285.16 feet to the actual point of beginning; thence North 40 degrees 52 minutes 52 seconds East, a distance of 4317 feet; thence North 40 degrees 56 minutes 28 seconds West, a distance of 94.48 feet; thence North 80 degrees 59 minutes West, o distance of 80.07 feel; thence South 33 degrees 55 minutes West, a distance of 91.15 feet; thence South 42 degrees 07 minutes 53 seconds West to the shore of the take; thence Southeasterly along sold shore to Its Intersection with a line bearing South 43 degrees 04 minutes West from the point of beginning; thence North 43 degrees 04 minutes East to the point of beginning. 4 Ci 4- / /T r'l / V /., / V I.5'. ' I � I !66 iI _ F— /he 1.6 Eost ' or M.E. Cann Lof 2 m I a� Q Q ! S I 4 � . i � • e I Q I� I I . Z the Sou o/ the Nafh Li,. -____ f the South t 4, reef of Co 1 Lot 4, and the I ceet or smifhto.n Rood 311.Bo HoI5893552'W 344.68 Lfeos Fence lim a5 sf- -- SE. Cana of Lot 2, !Hock 1, S9a1KY0o-W 344.83 Haf of as comas Let ? BAY PARK ADDIRQV I 66 I Eh Z S `Li U tiN ry ry `o'pgp W gl SE. Comer o/ Co,ernmmt tot 4, - secfhn 31, 7oenahp 117, South Lhe of Covnnmenf _ R= 2,A Hennepin Lot 4, Snffan JI \ `I County, Mh_ato — q� 4� � H C C � V U J va v d °c c �° c° 2 aaha v • o e ° a o vU _ .m ohf.N 3 mm�l� 3 y N m Q U j O h v ,c W m O N W r U j� i � e— O" 0* U 3 U' O N 1 ti o E \ 3 maam n ° U w O y O O 3 C L A N O � C �j o 08 N O j0� y 0��17 N �m �C m //) It I A %% L/L - -- -L_ U - - - - - - - - - - - - - - - - - - \ t> 1 2 / SJ92978 -W���_ t t -.�� * * -5.9i 5893971'E 58354 \ f f R f 78'55 0 RR Splke h Morlh Faca / North Lk or Lot 2, Block ` / 06 Efe -93398 /I // r PARCEL A r. \� \ , ,4L / \\ \ , / /// g Ed A E \ , // H Hea5 •� / -/ % IN i o �' �• eos 9 / `�0 \ \��` I I E Eoa, Lb. of Lot 2, Bloc4_ I / / 5655 LAKE MINNETONKA 0,d '—y High 80fn Llewfion - 929.4 Highest Recorded Kiefer E7ewt/ n - 9JB52 Nate, Elewflon on 7 -JI -17 - 929.03 9ygy8• -, 0/ ,ysir��ayh QUO /Did/ l 9 of J v l !.ravel S / � I / 1 / `y'" J�••F \Lands <ophg�� I �Ik SE of I / �-0 rrOUSe'a?95J L o Conaete P.N. PARCEL- B Area = 0.91- ACRES to Oh EXISTING PRDPERTY DESCRIP77A4 N4oiS9E ` - - / 4272 Y- - E ' / - - - - - - - - - - - - - - - o -- _----- __ -.PI437e1 -I. ^9 ``Refohhg WM ?.9' SB976'34 -W 284.1 Meer I \ '•3" south o /Lhe��91400 -W 28116 < 8732'S0'Meos� s! ' �� eene'oo' Hot st T Math Lhe of the South 24836 feet of 6aw.vn I Lot 4, Secfkan 31 PARCEL A: Lot 2, Block 1, BAY PARK ADDITION, Hennepin County, Minnesota, according to the record plot thereof PARCEL B. That port of Government Lot 4, Section 31, Township 117, Range 25, Hennepin County, Minnesota, described as follows: Commencing of the intersection of the centerline of Smithtown Rood and the North line of the South 246.36 feet of Section; thence West olong sold North line 344.83 feet; thence deflecting right 88 degrees 08 minutes, o distance of 45.00 feet; thence South 89 degrees 14 minutes West, o distonce of 285.16 feet to the actual point of beginning; thence North 40 degrees 52 minutes 52 seconds East, a distance of 4317 feet; thence North 40 degrees 56 minutes 28 seconds West, a distance of 94.48 feet; thence North 80 degrees 59 minutes West, o distance of 80.07 feel; thence South 33 degrees 55 minutes West, a distance of 91.15 feet; thence South 42 degrees 07 minutes 53 seconds West to the shore of the take; thence Southeasterly along sold shore to Its Intersection with a line bearing South 43 degrees 04 minutes West from the point of beginning; thence North 43 degrees 04 minutes East to the point of beginning. 4 Ci 4- / /T r'l / V /., / V I.5'. ' I � I !66 iI _ F— /he 1.6 Eost ' or M.E. Cann Lof 2 m I a� Q Q ! S I 4 � . i � • e I Q I� I I . Z the Sou o/ the Nafh Li,. -____ f the South t 4, reef of Co 1 Lot 4, and the I ceet or smifhto.n Rood 311.Bo HoI5893552'W 344.68 Lfeos Fence lim a5 sf- -- SE. Cana of Lot 2, !Hock 1, S9a1KY0o-W 344.83 Haf of as comas Let ? BAY PARK ADDIRQV I 66 I Eh Z S `Li U tiN ry ry `o'pgp W gl SE. Comer o/ Co,ernmmt tot 4, - secfhn 31, 7oenahp 117, South Lhe of Covnnmenf _ R= 2,A Hennepin Lot 4, Snffan JI \ `I County, Mh_ato — q� 4� � H C C � V U J va v d °c c �° c° 2 aaha v • o e ° a o vU _ .m ohf.N 3 mm�l� 3 y N m Q U j O h v ,c W m O N W r U j� i � e— O" 0* U 3 U' O N 1 ti o E \ 3 maam n ° U w O y O O 3 C L A N O � C �j o 08 N O j0� y 0��17 N �m �C m q� 4� � H C C � V U J va v d °c c �° c° 2 aaha v • o e ° a o vU _ .m ohf.N 3 mm�l� 3 y N m Q U j O h v ,c W m O N W r U j� i � e— O" 0* U 3 U' O N 1 ti o E \ 3 maam n ° U w O y O O 3 C L A N O � C �j o 08 N O j0� y 0��17 N �m �C m DRAINAGE AND UROTY EASEMENTS ARE SHOYN THUS' I I I I !o I I--- to I r. --- -J - - -J L- - -� - - -- BEING 10 FE T IN WDIN, UNLESS OTHER1415E 1N07CATEO, AND AD,KKN/NG RIGHT -A'' -WAY ONES AND BVNO 10 fEET IN WDTN, UNLESS 07HERMSE INDICATED, AND AOJIXNRIG LOT LINE.'; AS SHOW ON THE PLAT, Bearing Note: The South line of Government Lot 4 Section 31, Township 117 Range 23, Wright County, Minnesota, Is assumed to bear 56959 "W. • denotes 112 Inch Open Pipe found — unless otherwise noted. O denotes 112 Inch by 14 inch Iron pipe set and marked by License number 40062. ® denotes found Judicial Land Marker NORQUAL ADDITION KNOW ALL PERSONS BY THESE PRESENTS: That Jack A. Norquol and Gretchen Narqual, husband STATE OF ------------ and wife, fee owners of the following described property situated !n the County of Hennepin, ------------- COUNTY OF _ ___ _____________ Slate of Minnesota, to wil: __ _ ___ Lot 2, Block 1, BAY PARK ADDITION, Hennepin County, Minnesota. fits Instrument was acknowledged before me this _______ day of ---------------- 10_ - -- by Jack A. Narqual and Gretchen Narqual, husband and wife. AND That port of Government Lot 4, Section 31, Township 117, Range 23, Hennepin County, ----------------------------------------- (Notary Signature) Minnesota, described as follows: / I / 4 Commencing of the Southeast corner of sold Lot 4; Whence o beating of ------------------------------------------- (Notary Printed Nome) oath tin North, assuming the South line of sold Government Lot 4 bears West, o distance of mentnLot di 246.36 feet; thence on a bearing of West, a distance of 276.97 feet to a Judicial Landmark; thence North Of degrees 51 minutes 00 seconds West, a distance of 45 feet Notary Public, - -_ - - -- County, - - - - -- " "— ' —' - -- to a Judicial Landmark; thence South 89 degrees 14 minutes 00 seconds West, o My commission expires distonce of 285.16 feet to o Judiclol Landmark, being the actual point of beginning; —__ —__ — __ "'— "'-- -'-- thence North 40 degrees 52 minutes 52 seconds East, o distance of 43.17 feet to 0 Na 6122 Cap Judicial Landmark; thence North 40 degrees 56 minutes 28 seconds West, o distance of 94.48 feet to a Judicial Landmark; thence North 80 degrees 59 minutes 00 seconds 1, Paul E. Otto, do hereby certify that this plot was prepared by me or under my direct West, o distance of 80.07 feet to o Judicaa/ Landmark; thence South 33 degrees 55 supervision; that I am o duly Licensed Land Surveyor In the Stole of Minnesota; that this plot Is o correct representation the boundary that minutes 00 seconds West, o distance of 91.15 feet to o Judicial Landmark; thence South of survey, all mathematical data and labels are correctly designated on this plot; that 0 monuments depicted on this plot ham been, or will be 42 degrees 07 minutes 53 seconds West, a distance of 155.41 feet to a Judiclol Landmark; thence continue South 42 degrees 07 minutes 53 seconds West to the correctly set within one year, that all water boundaries and wet lands, as defined in Minnesota shoreline of Loke Minnetonka, thence Southeasterly along sold shoreline to the Statutes, Section 505.01, Subd. J, as of the date of this certlficole are shown and labeled on Intersection with o line beoring South 43 degrees 04 minutes 00 seconds West from sold this plot; and all public ways ore shown and labeled on this plot, actual point of beginning; thence North 43 degrees 04 minules 00 seconds East to the actual point of beginning. Doted this ---------- day of ----------- -------------- 20 - -__. Have caused the some to be surveyed and plotted as NOROUAL ADDIRON and do hereby dedicate to the public for public use the public ways and the drainage and utility easements as created --------------'"---"""'------------- Paul E 0110, Licensed Land Surveyor by this plot. Minnesota License Number 40062 In witness whereof sold Jack A. Norquo/ and Gretchen Norqual, husband and wife, have hereunto set their hands this - - - - -- day of --- -------- - -- - -, 20 - -__ -- ---------------------- ------ ------- - --- Jack A. Norqual Gretchen Norqual I -------------------- - - - - -- ____�_ /lT A 1 i VV i L. L/ i / —t I 'j Frond Irm Cop ; / Na 945J G n SJ9 29 }8'W,•,_. 24 87 S8939'11T 58.154 / --------- - -�Naf r1-Lhe o/COt �Bfoek --------`---------- — — — / I / 4 I / 1, BAY PARK ADDIDOV Na 6122 Cap I /1 ' / Vaatad fNahape and / urarry Eo4ement per I w ) iS / S 21a,'W 91.25 Yev :Y__ 62�SeA I -367M• 91. Is plot dy _ 4S to /l / I / '/ = y11.45 1i�_ .p.}�. b!° \ \ \ �---------------------- _.- "----- 7 V - - - - -- H90T7000'W I 5633251T LA•��0� / - 1267 V H40J1'S92' \� 42.72 Yeas Sfi9 %O'N'W JSi9J I - „HOl'62'80'1Y 7AB7 4A90 163 // / / // / •_ 7li03252T 4117 HOB -------- --------------------------- - - - - ------------- - - - --. — -, - - -- -- I! N45 S0 /32'DOT l\ �'i2d 74 fact T I \ -' S903a'Ln'W 7)9.75 — -- — — —� —I � \ `ib / �'♦ / / Yeae. �' S89r400w2n16plot / I \ I �.----------- - - - - -I --- - -I _ X164 .� -Sunvy Lhe / /� / / / N0271'lB9Y _/ 4555 N0132 1W _ L — — — — --------------------- NO2' 1'81T i S1.4d 1 - - - - -! ' 7'O r�\ LAKE Fraaen__ -: Ehadhe MINNETONKA 2 OrEh y High {16rar Accordhg to the YN. D.N.R. Etevcllm . 929.4 Feet (N.G V.D. 1929) Highaet Reraded War E7ewflon Aecordh9 to the W.. D.N.R. Futon= 93852 Feel (NG.V.D. 1929) µbier flewt/on on 7 -JI -17 - 92AOJ Fool (N.Rva 1929) e row” Hof - , -- I SYOWW'W 311.80 Plot sum 52'W 544.68 Mooe. North Lhe o1 the Soalh 59ovobo'W 5448.! Hot / 246.J6 leaf of Ca,a 1- SE, Came• of Lot 2. Lof 4, Secllon J1 SAY PARK , W �) 4g I ;Pc�sl �/ L �\ I C .4 �> �k v • I66 I I SE C—ar of Covanment Lot 4, Sectbn Jl, Toanshlp 117, South Lhe o/ C oo Jr-) Rwga 2x Henrteph Lot 4, Soollectlm I � County, Yanuofa STATE OF MINNESOTA COUNTY OF MIGHT This instrument was acknowledged before me on this — of ---------------------- 20 ------- by Paul E Otto. (Notary Signolura) --- ---- - -- --- (Notary Printed Nome) Notary Public, ----------- _ -- County, Minnesoto My commission expires ---- _---------------- CITY COUNCIL, CITY OF SHORrww, MINNESOTA This plat of NOROUAL ADDITION was approved and accepted by the City Council of Shorewood, Minnesota, at o regular meeting thereof held this ------- day of ------------- 20_ - - -. If opollcoble, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer hove been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendollons, as provided by Minn. Statutes, Section 505.03, Subd. 2. City CouncB of Shorewood, Minnesota By---- -- -------- -- ---- -- - - -- Mayor By ---- -- --- ---- ------ ----- Clerk RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota I hereby certify that taxes payable In 20 - - -- and prior yeors have been paid for land described on this plat, doted this ______day of ---------- _ ----- 20____. Mork V. Chapin, County Auditor by __ __________ ____ ____ ______ Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to MN. STAT. Sec. 3838.565 (1969), this plot has been approved this ------ day of --------------- 20 - - -- Chris F. Mavis, County Surveyor by _ _________ ______ ___ _______ _ _ ____ COUNTY RECORDER, Hennepin County, Minnesota I hereby certify that the wlthln plot of NOROUAL ADD/770N was recorded in this office this ____ day of ---------------- 20 - - -, of ------ o'clock Martin McCormick, County Recorder by -------------------- - - - - -- Deputy 550® ftiineets 8 Land Surveyors, Inc. MEMORANDUM CITY OF SHOREWOOD 5755 Country Club Road * Shorewood, Minnesota 55331 •952 -960 -7900 Fax: 952 -474 -0128 • www.ci.shorewood.mn.us • cityha11 it ci.shorewood.mn.us TO: Planning Commission FROM: Marie Darling DATE: November 7, 2017 RE: Keegan, William and Melanie — Setback Variance LOCATION: 25830 Birch Bluff Road REVIEW DEADLINE: January 26, 2018 ZONING: FILE NUMBER: REQUEST R -1 C/S 405 (17.27) The property owners, William and Melanie Keegan, request a variance to place an air conditioner within the 10 -foot side -yard setback where section 1201.03 subd. 3 c. (10) of the zoning regulations indicate that air conditioning equipment may not be located less than 10 feet from the side property line. Notice of this application was published in both the City's official newspapers and mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. BACKGROUND Context: The applicants received variances in 2016 for redevelopment of a nonconforming lot (60 feet wide), side -yard setback, and impervious surface coverage. The home is nearly finished and the building official noticed that the side of the home was being prepped for the air conditioner and alerted the homeowner about the required setback. All the adjacent properties are developed with single - family homes. a Page 2 Noise: The applicant has submitted the specifications for the air conditioner that they have chosen and it is within the acceptable range for residential air conditioners. The applicants' propose the 186B Evolution Single -Stage Air Conditioner. According to the manufacturer's specifications, it runs at about 68 decibels. Depending on the size and efficiency of the air conditioners, the normal range for new air conditioners is 55 to 80 decibels. For comparison, conversational speech is about 60 decibels and vacuums and hairdryers operate between 70 -85 decibels. VARIANCE ANALYSIS The zoning regulations allow for variances upon showing that practical difficulties exist and that the request is consistent with the intent of the regulations. Section 1201.05 Subd. 2. b. of the Shorewood Zoning Code sets forth criteria for the consideration of variance requests. Staff reviewed the request according to these criteria, as follows: Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the property for residential purposes and the variance would allow the applicant to cluster their air conditioning equipment near their neighbors' air conditioner and generator. 2. Practical difficulties: Practical difficulties include three factors, all three of which must be met: a) reasonableness; b) circumstances unique to the property and not caused by the landowner; and c) maintenance of the essential character of the area. a. Reasonable: Clustering the equipment together in one area benefits both property owners as neither has to view or hear the other neighbors' air conditioning equipment as they would if located in the front yard or lakeside of the property. b. Self- Created: The narrowness of the lot was not caused by the homeowners. After the approval of the previous variances, their house is now 10 feet from the property line where the previous house was four feet. C. Essential Character: With the exception of the property owner to the west, the air conditioner would be unseen by any of the other property owners in the area and the essential character of the area would be preserved. Additionally, the property to the west is screened by an evergreen hedgerow that runs between the two properties near the property line. 3. Special privilege. The circumstances are unique to the property in that the narrowness of the existing lot contributes to the difficulty in finding a conforming location for the air conditioner on the side of the home. Although the air conditioner could be located on the lake side of the home, that location would be more visible than the applicants' requested location. 4. Impact to adjacent properties. The property owners are not proposing anything that would impair an adequate supply of light and air to an adjacent property, increase the risk of fire or endanger public safety, unreasonably diminish or impair values in the neighborhood. 5. Staff finds the requested variance is the minimum necessary to alleviate the practical difficulties. S:\Planning\Planning Fiics\Applicafions\2017 CURRFN-r CASES\Kmgan Varianx\Kmgan izriaxe m—Ax Page 3 RECOMMENDATION Staff recommend approval of the variance to allow the air conditioning equipment to encroach up to a maximum of four feet into the 10 foot side -yard setback for William and Melanie Keegan at 25830 Birch Bluff Road. ATTACHMENTS Correspondence received Location map Applicants' narrative Applicants' exhibits, photos and graphics S:\Plaming\PlanningFiles\Applicalions\2017 CURRENT CASES1Keegan Varia— \Keagan variance memoAm September 26, 2017 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Proposed Variance for AC Condenser Unit in Side Yard Setback for 25830 Birch Bluff Road Dear City Council and Planning Commission Members: This intent of this letter is to inform you that we are supportive of the proposed AC condenser unit in the side yard setback and the required variance for the Keegan residence located at 25830 Birch Bluff Road, Shorewood, MN. We have met with the Keegan's and we understand that the condenser unit will be placed adjacent to their home, near the window well, as far away from the property line as possible but that it will be within the 10 -foot side yard setback since their home is 10 feet from the property line as shown on the attached plan. Sincerely, Name(s) JIz ( V--s q caw-puzaklz) Address: 6 J 1 rrk IU.dW 2—orl (. t�-X rP 1 C I MCI 66331 Signature: Cc: Marie Darling, Planning Director Attachment: Plan showing AC condenser unit location on property RECEIVED SEP 26 2017 CITY OF SHOREWOOD WILLIAM H. HENNEY 25920 Birch Bluff Road Shorewood, MN 55331 (612) 759 -1599 October 27, 2017 City of Shorewood c/o Planning Department 5755 Country Club Road Shorewood, MN 55331 Re: 25830 Birch Bluff Road, Shorewood PID 29- 117 -23 -44 -0008 Dear Sir/Madam: RECEIVED OCT 31 2017 CITY OF SHOREWOOD My wife Brenda and I reside at 25920 Birch Bluff Road. We support the Keegan's request for a setback variance for their A/C condenser. Sincerely, William H. Henney WdAlwhh -2017 /City of Shorewood Lake Minnetonka r�\,,/' Ridge f i r� � I � or Creek �La Subject prop,90 I V I I I I cud �CD view Orchard n F7�,, Cir, Sm ithtowr ,Cir N A 0 250 500 1,000 Feet Ne -Is —in e Dr o Sunnyvale a, � La Tgl_ c� Rose La a o' Y o� Q) - c�7 ,• o Amle Glen ca Star Cir ca; � �� September 26, 2017 City Council and Planning Commission Members City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Proposed Variance for AC Condenser Unit in Side Yard Setback for 25830 Birch Bluff Road Dear City of Shorewood Council and Planning Commission Members: This intent of this letter and the attached Zoning and Subdivision Application is to request a variance to Section 1201.03, Subd. 2, d, (6) of the City of Shorewood Zoning Regulations (City Code) which would allow for an air conditioning (AC) condenser unit to be located within the side yard setback at the Keegan residence at 25830 Birch Bluff Road, Shorewood, MN. The proposed location for the AC condenser unit in close proximity to the neighbors' two AC units and generator as shown on the attached survey of the property dated March 6, 2017. In addition, I have included a letter of support from the adjacent neighbor as well as specifications on the proposed AC condenser unit showing that we have selected a high efficiency low noise level unit. The primary reason for the request is the unique and very narrow configuration of this property, being only 60' in width but 330' in length. This is a new home construction project which was granted a variance in 2016 from the total side yard setback requirement of 30 feet. This variance was granted due to the narrow configuration of the lot and in exchange for a reduction in hardcover from 34.4% to 30% and increasing the side yard setback from 4' to 10', which now meets the minimum requirements of the City Code. During this initial variance request, we were unaware of a specific code on air conditioning units and thus did not include this level of detail in the request. It was planned all along that our AC unit would be on the side of the home since that is where the neighbors have their AC units as well as a very large generator. The thought being that we would keep the noise generating appliances all in the same area so as to minimize the disturbance to ambient noise conditions elsewhere. The specific criteria listed in the City Code for variances are listed below followed by our responses. Is the proposed variance a reasonable use of the property? - The lot meets the minimum side yard setbacks of the City Code, but due to the unique configuration of the lot being only 60' in width but 330' in length, there are limited development options available for a lot this narrow and subsequently limited options for the location of the AC condenser unit; - The proposed variance would allow for a high efficiency, low noise level, AC unit to be located on the side of the home across from the neighbor's two AC units and generator. Locating the AC unit near the neighbors units and generator minimizes the impact to ambient noise conditions elsewhere on the two properties; - Both the west an east side yard setbacks are 10 feet which would require a variance for the AC unit for placement on either side of the home. The south, or street side, of the home is all garage doors and thus would not accommodate the AC condenser unit. The north side, or lake side, of the home is where our family, and the neighbor's family, spend their time enjoying the outdoors and sitting on our open porches overlooking the lake. If the AC condenser unit was placed on the lake side of the home it would increase the noise levels to both our home and our neighbors home as we are enjoying the lake environment; - It is reasonable, and consistent with other homes in the neighborhood, to have central air conditioning in their homes which require an exterior AC condenser unit; - The location of the home on the lot, positioned near the lake end of the lot, is desirable and common for homes in the Shoreline District to enjoy the full view and access of the lake. It's location on the lot meets the bluff and lake setback requirements in the City Code and is also consistent with the neighboring home setbacks. Are there circumstances unique to the property to justify the variance? The property is unique from other properties on the block due to how narrow and deep the lot is (60'x 330'). The lot width is only sixty feet (60') wide, a third of which is required for setbacks, leaving only 40 feet of width to build the home. The narrowness of the property causes unique building challenges which are the driving force behind the variance request to allow for the AC unit being located within the side yard setback; The location of the neighbors AC units as well as their generator make this a unique situation in that the neighbors prefer that the AC unit be located in this area as well so as to have all of the noise generating units are in the same area. There are limited windows in that area on both homes, no outdoor living spaces, and the location is such that it provides the least noise and visual impact to the properties and surrounding neighborhood; - While the intent of the ordinance is to limit disturbance of the neighboring properties, its strict application on this property would actually increase the disturbance to the neighboring property by placing the AC Condenser unit in the rear yard where the neighbors enjoy the outdoor lake environment. Have the circumstances requiring the variance been caused by the property owner(s)? The narrow width of the lot was not caused by any of the property owners. The current side yard setback of the home was actually increased during our recent building application process from the existing side yard setback of four feet (4') to the current side yard setback of ten feet (10') which meets the minimum requirements in the City Code. The location of the neighbors AC units and generator was an existing condition that was not caused by the owners of the Keegan residence and the current proposal is to attempt to best accommodate the existing conditions of the neighboring property. Is the proposed use consistent with the zoning code and comprehensive plan? The construction project is consistent with the current City zoning ordinances for General Development (GD) in the Shoreland District and comprehensive plan for the area to be developed as residential property. The construction project increased the existing side yard setbacks (from 4' to 10') and decreased the hard cover on the property from 34.4% to 30 %. However, unless a variance is granted for the proposed placement of the AC condenser unit, that component of the home construction would not be consistent with Section 1201.03, Subd. 2, d, (6) of the City Code. Does the variance alter the essential character of the area? The proposed location for the AC condenser unit would not alter the character of the surrounding area but rather would be more consistent with the surrounding property uses by locating it in an area with other AC units and a generator. The neighbors support the location of the AC condenser unit and prefer it over locating it in the front or back yard where noise will be generated in a new area where it is not currently being generated. Does the existing ordinance create a practical difficulty in achieving the manner of use? The existing ordinance creates a practical difficulty in that it would require the AC condenser unit to be placed in the front or rear yard areas which would increase the ambient noise levels in those areas. While the intent of the ordinance is to limit disturbance of the neighboring properties, its strict application would actually increase the disturbance to the neighboring property by placing the AC Condenser unit in the rear yard where the neighbors enjoy the outdoor lake environment. These aspects are unique to this property which will not create a precedent for other properties in the future unless they are similarly narrow and deep with the adjoining property having similar infrastructure in close proximity to the property line as well. In summary, the granting of a variance for the AC condenser location will minimize any visual or noise impacts to the neighboring property, is supported by the neighboring property, and is a unique situation that will not set a precedent for other properties in Shorewood. The proposal is to attempt to best accommodate the existing conditions of the neighboring property and narrow lot configuration of the Keegan residence. A letter of support from the neighboring property is attached for your reference. We appreciate your time and consideration of this variance request and are available to provide any additional information or answer any questions you may have regarding the project. Sincerely, William and M anie Keegan 25830 Birch Bluff Road Shorewood, MN 55331 612 - 845 -5075 Cc: Marie Darling, Planning Director Attachments - Zoning /Subdivision Application Form & Fee; - Neighbor letter of support; - 500' Property Buffer Map; - Mailing list and Mailing labels of property owners within 500 feet; - Proposed AC unit Product Specification Data Brochure; - Property Survey dated March 6, 2017 showing proposed AC location & neighbors AC units; 9/28/2017 HVACpartners 186B Evolution@ Single-Stage Air Conditioner Boilers ---------- Residential Controls Ductless Systems Furnaces Geothermal Heat Pumps IAQ Packaged Outdoor Units Split Systems Commercial Split Systems Air Conditioners Heat Pumps Fan Coils Evaporator Coils 2-Pipe Variable Refrigerant F1... https://catalog.hvacpartners.com/products/186B 186B Evolution(kn' Single-Stage i r* %.onditioner High Performance and Higher Value Our most basic Evolution@ central air conditioner, this modelstill.delivers outs- home comfort with up to 16 SEER cooling. Our single-stage Evolution cooling s( high efficiency comfort, enhanced Summer humidity control and quiet operatio ... ..... .. Features Pro'duct Data Do( Product Data t Search --- 186BNA018000 - - - ------- ---- 186BNA024000 1/3 9/28/2017 HVACpartners :: 186B Evolution® Single -Stage Air Conditioner 186BNA030000 186BNA036000 186BNA042000 Physical Length: 35.00 in Width: 35.00 in Height: 40.25 in Weight: 253 lb Equipment Type: Air Conditioner Refrigerant: R -410A Metering Device: TXV Air Flow: Verticle Compressor: Scroll Condenser Motor Type: PSC Condenser Motor HP: 1/5 Condenser Motor RPM: 800 Inverter: No Rows; 1 Stage: 2 Liquid Line Fitting: Sweat Liquid Line Size: 3/8 in Suction Line Fitting: Sweat in Suction Line Size: 7/8 in Maximum Piping Length: 250 ft. Minimum Ambient Temperature: -20° F Sound Level: 68 dBA Low Pressure; Yes High Pressure: Yes Electrical Cycle: 60 Phase: 1 Voltage: 208 -230 Maximum Fuse Size: 40 amp Minimum Circuit: 23.4 amp Rated Load: 17.9 amp Locked Rotor: 112 amp Full Load; 1 amp Performance Cooling Capacity: 39500 -42000 CFM: 3810 EER:11.5 -13.5 SEER: 13.5-16 Maximum SEER: 16 Tonnage: 3.5 Energy Star Rated: No LEED Certified: No ETL Certified: No ETL Listed: No UL Listed: Yes UL Recognized: Yes https : /Icatalog.hvacpartners.com /products /186B 2/3 Alit, Applicant's Proposed Location Neighbor's Existing Air Conditioner and Generator RECEWED SEP 2 8 2017 CITY OF SHOREWOOD Neighbor's Existing Air Conditioner and Generator RE VED SEP 2 8 2011 CITY OF S jOREWOOD LEGAL DESCRIMON: The West 22 feet of Lot 11 and that part of Lot 12 lying East of a line parallel with and 94 feet East as measured at right angles from the West line of Lot 13, Birch Bluff upper Minnetonka, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: I. Showing the length and direction of boundary lines of the legal description listed above. 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 or 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 to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 5. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 6. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. 7. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 8. While we show the building setback lines per the City of Shorewood web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site. STANDARD SYMBOLS & CONVENTIONS: "0" Denotes iron survey marker, set, unless otherwise noted. EXISTING HARDCOVER REVISION DESCRIPTION 3 -7 -17 PROPOSED HARDCOVER 3 -13 -17 LOWERED PROPOSED HOUSE 2' PER CLIENT House 2,534 Sq. Ft. House 2,638 Sq. Ft. Wood Deck East House 360 Sq. Ft. Wood Steps 316 Sq. Ft. Wood Deck Back House 43 Sq. Ft. Wood Dock 318 Sq. Ft. Wood Steps 316 Sq. Ft. Bituminous Driveway 2,611 Sq. Ft. Wood Dock 318 Sq. Ft. Shed 125 Sq. Ft. Bituminous Driveway 2,716 Sq. Ft. Boulder Rot. Walls 150 Sq. Ft. Shed 125 Sq. Ft. Conc. Walk SE of House 91 Sq. Ft. Stone Walk 70 Sq. Ft. Walk and Stoop East Hse.456 Sq. Ft. TOTAL PROPOSED HARDCOVER 6,249 Sq. Ft. Gone N. Side House 91 Sq. Ft. AREA OF LOT TO OHW 20,945 Sq. Ft. Concrete Garage Apron 67 Sq. Ft. Ret. Walls 101 Sq. Ft. PERCENTAGE OF HARDCOVER TO LOT 29.8% TOTAL EXISTING HARDCOVER 7,197 Sq. Ft. AREA OF LOT TO OHW 20,945 Sq. Ft. PERCENTAGE OF HARDCOVER TO LOT 34.4% LE'GENIJ ,=S7D1'G COl1'7i17%R _ _ _ _ 925- _ > 9785 E'I70'1ING SPOT EL6f'A7TON PROPOSED CO/ "[M — PROPOSED EM74ffON /SPOT ELG74TION t7V= YlP OF #"' A RKY ,&OTTOdf OF /1ALLJ DRdM..fGE ,4"0F - FLO1T .SILT FENCE /STRAA LOGS — PROPOSED BODLDEIl JY" F6 U. 5 TIA19 TREE NOTE:• NO SIGMFIC4NT TREES , tRR 7Yl BE P/157W"" DURING 6VYV br0TION DATE REVISION DESCRIPTION 3 -7 -17 GRADING & ADDED RETAINING WALL 3 -13 -17 LOWERED PROPOSED HOUSE 2' PER CLIENT 3 -14 -17 ADDED NEIGHBOR'S COVERED DECK 4-6 -17 PER CITY COMMENTS 925 GRADING & EROSION CONTROL NOTES: Sediment control devices shall be regularly inspected and after major rainfall events and shall be cleaned and repaired as necessary BEFORE DBMOLI170N AND GRADING BEGIN to provide downstream protection. Install silt fence/bio roll around the perimeter of the construction area. re Sediment control measures must remain in place until final stabilization has been established and then shah be removed. Sediment Streets and other public ways shall be inspected daily and if litter or soils has been deposited it shall promptly be moved controls may be removed to accommodate short term construction activity but must be replaced before the next min. If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the site in the rock entrance areas. A temporary rock construction entrance shall be established at each access point to the site and a 6 inch layer of I to 2 inch rock Moisture shall be applied to disturbed areas to control dust as needed. extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric. The entrance shall be maintained during construction by top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or Portable toilet facilities shall be placed on site for use by workers and shall be property maintained. alleys. Potential enhances that are not so protected shall be closed by fencing to prevent unprotected exit from the site. If it becomes necessary to pump the excavation during construction, pump discharge shall be into the stockpile areas so that the DURING CONSTRUCTION: When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of sediment laden runoff and if double silt fence around these areas can filter the water before it leaves the site. the pit" or other disturbed areas are to remain in place for more than 14 days, they shall be seeded with Minnesota Department of Temporary erosion control shall be installed no later than 14 days after the site is fast disturbed and shall consist of broadcast Transportation Seed Mixnrre 22 -111 at 100lb/acm followed by covering with spray mulch. seeding with Minnesota Department of Transportation Seed Mixture 22 -111 at 160 IWacre followed by covering with spiny mulch. A dumpster shall be placed on the site for prompt disposal of construction debris. These dumpsten, shall be serviced regularly to SITE WORK COMPLETION: prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordance with When final grading has been completed but before placement of seed or sod an "as built' survey shall be done per City of Minnesota Pollution Control Agency requirements. Shorewood requirements to insure that grading was properly done. A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed of in accordance with When say remedial grading has been completed, sod or seeding shall be completed including any erosion control blankets for steep MPCA requirements. areas Concrete truck washout shall be in the plastic lined ditch and dispose of washings as solid waste. When turf is established, silt fence and inlet protection and other emsion control devices shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean. — --------- '- ------------- - - - - -- parer-- 1 INSTALL SILT r. ?58 P r�� to PROPOSED -, Barb Yrea I J N 007958" E I/ I I . —_9on za__ -��e iZ .- k II y' — --------- '- ------------- - - - - -- parer-- bd I � a 1v 925.5 _SF PERMIT C'w R AUDDiTIGNAL REQUIREMENTS o DRAWING ORIENTATION & SCALE CLIENT NAME/ JOB ADDRESS 0 20' 40' BILL ICBM" Existing 1 INSTALL SILT r. ?58 P r�� , PROPOSED -, Barb Yrea RETAIN /NO WALL ` J N 007958" E e SF — SF' OW.. SANTARY sdxx SERVAX ' bd I � a 1v 925.5 _SF PERMIT C'w R AUDDiTIGNAL REQUIREMENTS o DRAWING ORIENTATION & SCALE CLIENT NAME/ JOB ADDRESS 0 20' 40' BILL ICBM" Existing �Si � ° �°�' .k r`-• " sere- o / S S N _ F� o INSTALL mr r�I- INSTALL E PER N07ESUC7/AV \N ` LNIRAN( PL77 NOBS FENGL/B/O RIXL 1 P REraR 1 — — — — — — — — — — — — 25830 BMCHBLUFFROAD SHOREWOOD, MN Advance Sumeying B Engineering, Co. 17917 Highway 7 Minnetonka, Minnesota 55345 Phone (952) 474 -7964 Web: www.advsutcom S / — l"I"'OW YELL s �Q \ PROPOSEDDWFLLENG PBLSTFLOOR 985.00 TOP FOIINDA770N 982 77 r a _ _ LOW FLOOR 974 15 } GARAGE FLOOR 17161 65.75 »• � Ate, 0 if U-PI, 1.84- •��7rt i g i;o ",•E " r. ?58 P r�� PROPOSED -, INSTALL SILT -� RETAIN /NO WALL ` FENCE/VO RO L ` N 007958" E aoei . —_9on za__ -��e iZ .- �Si � ° �°�' .k r`-• " sere- o / S S N _ F� o INSTALL mr r�I- INSTALL E PER N07ESUC7/AV \N ` LNIRAN( PL77 NOBS FENGL/B/O RIXL 1 P REraR 1 — — — — — — — — — — — — 25830 BMCHBLUFFROAD SHOREWOOD, MN Advance Sumeying B Engineering, Co. 17917 Highway 7 Minnetonka, Minnesota 55345 Phone (952) 474 -7964 Web: www.advsutcom S / — l"I"'OW YELL s �Q \ PROPOSEDDWFLLENG PBLSTFLOOR 985.00 TOP FOIINDA770N 982 77 r a _ _ LOW FLOOR 974 15 } GARAGE FLOOR 17161 65.75 »• � Ate, 0 if U-PI, 1.84- •��7rt i g i;o ",•E " r. ?58 P r�� U AB&! :D - -' CAP 09577NG BEZL -1 LL PER LOCAL & STATE 5PELYnCA rLAVS k y' — — — — — — — — — — — F ra\ b 1 HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY Offer SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL CIVIL ENGINEER UNDER THE LAWS OF THE STAIE OF TA X527-16 S. Rlnke 52716 LICENSE NO. MARCH 6, 2017 DATE J V 41 In �J CAJ �� ;u�lnllltill��Illl... I rlj7Ml�e1 ;l I. i, i Il,llil'It I ell I y� ITS I y+ttl h1 „f _ J 4,134 7 }nru I'I IL4 I rg f_I/ rrrr if DATE SURVEYED: MAY 29, 2015 SURVEYED BY ADVANCED SURVEYING. & FNG., C.O. DATE DRAFTED: MARCH 6, 2017 SHEETTITLE PROPOSED SURVEY DRAWING NUMBER # 170088 e71R L Pf 50 SHEET NO. S1 SHEET 1 OF 1 CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952 -960 -7900 Fax: 952 -474 -0128 • www.ci.shorewood.mn.us • cityhall&i.shorewood.mmus TO: Planning Commission, Mayor and City Council FROM: Patti Helgesen and Marie Darling MEETING DATE: November 7, 2017 RE: Scott, Channing and Jessica — Setback Variance LOCATION: 5915 Galpin Lake Road REVIEW DEADLINE: February 1, 2018 ZONING DISTRICT: R -1C /S FILE NO.: 405 (17.26) REQUEST Channing and Jessica Scott have requested a variance to build a second story addition on their home and attached garage. The existing attached garage encroaches 10 feet into the required 35 foot front -yard setback area. The applicants originally proposed to re- orient their garage doors to become side - loading, but that part of the application became problematic due to the amount of fill and complications with a public sewer easement on the north side of the home. Consequently, the applicants elected not to move forward with that portion of the request. At this time, the project would have no change to the existing impervious surface coverage. Staff noted the change on the attached survey. Notice of this application was published in both the City's official newspapers and mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. Page 2 BACKGROUND Context: The existing home is a rambler -style walkout built in 1977 (see photos). The property is adjacent to Galpin Lake and within the Shoreland District. City records indicate that the site plan for the proposed house location was not done by a surveyor and the house was staked out in error (see 1977 site plan). The site plan shows a 35 -foot front setback but it was actually built at 25.1 feet. Furthermore, due to the topography of the lot, the property file records indicate that there was 2000 cubic yards of fill added to the site as part of the construction process. Applicable Code Sections: Section 1201.03 Subd. 1 of the zoning regulations contains provisions that address nonconforming structures. Specifically, section 1201.03 Subd. 1. i. states: "Lawful nonconforming, single - family residential units may be expanded, provided ... that the expansion does not increase the nonconformity and complies with height and setback requirements of the district in which it is located." Consequently, in order to expand the home over the existing non - conforming garage, a variance to the minimum front setback in the R -1 C/S district (35 feet) is required. The remainder of the second story addition may move forward with a request for a building permit. ANALYSIS In their request letter, the applicant's state that the proposed area over the existing garage is a potential living space for aging parents. The applicants' plans (attached) include the proposed second story addition over the entire footprint of the home. Their goals with this addition are two -fold: • Improve the aesthetics of their home from the street • Add additional floor area for bedrooms, including a "parent's suite" so that their parents may move in with them as more care is needed The zoning regulations allow for variances upon showing that practical difficulties exist and that the request is consistent with the intent of the regulations. Section 1201.05 Subd. 2. b. of the zoning regulations sets forth criteria for the consideration of variance requests. Staff reviewed the request according to these criteria, as follows: Intent of comprehensive plan and zoning regulations. The property is guided and zoned for residential purposes and the property owner would continue to use the property for residential purposes. 2. Practical difficulties: Practical difficulties include three factors, all three of which must be met: a) reasonableness; b) circumstances unique to the property and not caused by the landowner; and c) maintenance of the essential character of the area. a. Reasonable use of land: Staff weighed the case of the applicant's ability to make reasonable use of the property without the variance with their goals for the addition. The applicants have designed the home to improve the appearance of the walkout Page 3 rambler and their desire to bring the garage into visual harmony with the rest of the building plan includes carrying over the sweeping roof lines throughout the proposed second floor, including the living space above the garage. b. Self- Created: The current property owners did not create the practical difficulty for this property. The error resulted from the original construction in 1977. C. Essential Character: If the variance is granted to add a second story over the existing garage, it would have minimal impact to adjacent properties, nor alter the essentially character of the locality. There is no neighbor to the north of the subject property and the home on the property to the south is set back about 70 feet from the front property line. Additionally, the homes along the road have a wide variety of fiont setbacks (varying from 31 feet to over 300 feet) and architectural styles. Consequently, the additional height and massing closer to the street would not be as noticeable as in an area where all the homes are at a similar setback. 3. Special privilege. The circumstances are unique to the property in that the nonconforming setback is already established. 4. Impact to adjacent properties. The property owners are not proposing anything that would impair an adequate supply of light and air to an adjacent property, increase the risk of fire or endanger public safety or unreasonably diminish or impair values in the neighborhood. 5. Staff finds the Planning Commission could find requested variance is the minimum necessary to alleviate the practical difficulties. The design with the sweeping roof lines sacrifices some potential living space in the area above the garage and throughout the second story to maintain the proposed design character and that reduction minimizes their request. RECOMMENDATION Because staff finds that the applicants request has met some of the conditions of the variance better than others, staff recommends the Planning Commission review the request against variance criteria and forward a recommendation to the City Council. ATTACHMENTS: Location map Property Survey Photographs of Existing House Applicants' Narrative Building Plans 1977 Site Plan N 0 250 500 1,000 EXCELSIOR Feet Af A Subje Galpin Lake ct Pa k t Property a� 0 CD L U N tty r � � S n v zSu ° _ e L CHANHASSEN /CARVER CO BORDER as COP 4D 40 to of ffuirvo- Ir for -Chan Scott -5915 Galpin Lake Road Shorewood,_ MN 55331 I '**1"" "N 89 °05'33" EI \ \`\ WA 21 I W 0 a �1d1 \ \11 \� \ \�\\\ 0 \ 25 I \ 1 \ 1 1 \ \ \ \ \ \` ` \ \\ .2 'q�' IL 'Ilg'rCJC.O �fi /gi1(y"-- LL \ \70Q"� \\ ���g3E o _ I- OLL 1_I ♦r - ! ''� ) \ `--' -j" \ \ V�GF EVST /NOP DRIVEWAY" -�- 9732.5%, . I/ X -gA'5 I 4 g1h 19 1� ? m �t m I ,1 O M �L--- ul+ 1 19� I x� 1L - - �► - --� - -- 39.6 - 12.1 - (� 111 0l� _ ( /.r r - - 1 W s x s 1 ENT-R V W 1 .o C4 C14 110 113' -it? i 36.2 o I _ pavO sidewalk 0 I 72.Z sidewal � 1 _ � W ! \ 0 . 7'x 1„ E��. \ 593 i N �, o �- - ''� 1 DESCRIPTION OF PROPERTY: Lot 1, Block 1, WEYKER ADDITION, - Hennepin County, Minnesota. Subject to easements of record. - PROJ. NO. :1269 -00 BOOK 6, PAGE 62 REVISED: 10102117 - PROPOSED DRIVEWAY, - IMPERVIOUS REVISED: 09105117 - FRONT ENTRY -1 hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Minnesota. - 22703 11/01/14 - Steven V. Ische License No. Date Traverse PC r , I 7 r ! 1 \.4 , SEM S,Ly LIN LOT/1 ' ! I -IMPERVIOUS: CALCULATIONS: Lot Size: -(To OHM 24,390 s.f. Existing House & Garage: ` %• Proposed Entry Addition: - 23.8 GARAGE 454 s.f. Existing Paver Walkway. - N - \FFE - 973.7 ( arl Proposed Driveway: 1525 s.f. Remaining Side Driveway. 339 s.f. 3.7 e1o$ W; I 1 \ 11h I 1 a! T r~ Gas Line T WALL - II e-d' -�'• •� �' - 1 cV tY�O �I 1 -I - !l _Y��h - 1_ Ra 0 a�'4 s t1j 3 5• r 1 r 1 ON 19 1� ? m �t m I ,1 O M �L--- ul+ 1 19� I x� 1L - - �► - --� - -- 39.6 - 12.1 - (� 111 0l� _ ( /.r r - - 1 W s x s 1 ENT-R V W 1 .o C4 C14 110 113' -it? i 36.2 o I _ pavO sidewalk 0 I 72.Z sidewal � 1 _ � W ! \ 0 . 7'x 1„ E��. \ 593 i N �, o �- - ''� 1 DESCRIPTION OF PROPERTY: Lot 1, Block 1, WEYKER ADDITION, - Hennepin County, Minnesota. Subject to easements of record. - PROJ. NO. :1269 -00 BOOK 6, PAGE 62 REVISED: 10102117 - PROPOSED DRIVEWAY, - IMPERVIOUS REVISED: 09105117 - FRONT ENTRY -1 hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Minnesota. - 22703 11/01/14 - Steven V. Ische License No. Date Traverse PC r , I 7 r ! 1 \.4 , SEM S,Ly LIN LOT/1 ' ! I -IMPERVIOUS: CALCULATIONS: Lot Size: -(To OHM 24,390 s.f. Existing House & Garage: 2645 s.f. Proposed Entry Addition: 103 s.f. Existing Decks : - - 454 s.f. Existing Paver Walkway. - 362 s.f. Existing Concrete Sidewalks: 216 s.f. Proposed Driveway: 1525 s.f. Remaining Side Driveway. 339 s.f. Total Impervious Area: 5644 s.f Impervious % : - 23.14% - LEGEND- -0- Power Pole = -X Spot Elevation 0 Found Iron Pipe — Power Pole Deciduous Tree —FO FO— Fiber Optic —T T -- Telephone Line �V �G Pine Tree —G G— Gas Line PROPOSED RETAINING WALL - MIER LAND SURVEYING, LLC 952 -443 -3010 Existing House - Front Existing House - Rear Existing House — North Side Existing House — South Side This proposal letter is to request and substantiate the grant of a Variance for a residence at 5915 Galpin Lake Rd. in Shorewood, MN. The Variance requested is relatively minor, and as shown below clearly meets all of the parameters set forth in section 1201.05 of the city regulation to support a finding in favor of the Variance. Further, if granted, this Variance will not violate, or circumvent any of the parameters set forth in section 1201.05. Slope of the Garage Roof The petitioner requests a Variance allowing a change to the slope of our garage roof which partially lies within the current City setback regulation. The reasons for changing the slope of the roof are primarily to bring the property into visual harmony with the rest of our building plan (as can be seen on the included plans), allowing the roof to better blend in visually, and to create a potential living space for aging parents with major health conditions. • The proposed roof shall be constructed of the same siding, roofing and windows as will be used throughout our house plan • The proposed roof shall be finished in the identical style as the rest of the house • The proposed roof slope will allow for the addition of window boxes, and seasonal plantings • The proposed change in slope is desired, intended, and shall be built specifically to be unobtrusive and "low key ", blending in with the neighborhood. Support of Favorable Findings City ordinance 1201.05 sets forth the conditions under which Variances such as those proposed in this letter would be found acceptable to the Planning Commission. The petitioner is confident that the proposed Variances fall within these guidelines, notably; A) There are special circumstances and conditions regarding our property at 5915 Galpin Lake Rd. that would deprive the petitioner of a reasonable and minimum use of our land. Our house was built to conform to earlier setback regulations, before the current setbacks were in place. We have no plans to encroach further into any setback territory; we intend to stay completely within the current footprint of the garage as it has existed for 40 years. B) The granting of a variance will not be detrimental to the public health or welfare or injurious to other people in the vicinity. The proposed Variance does no harm to either public or private interests, and is not injurious to any property or interest. In fact, granting the proposed Variance will serve only to create a more pleasing visual harmony, by virtue of the careful architectural design to make the roof lines blend visually. C) The granting of such Variance will not be materially detrimental to the public welfare, or the rights and uses of other property owners. The proposed Variance does no harm to either public or private interests, and is not injurious to any property or interest. In fact, granting the proposed Variance will RECEIVED NOV — 2 2017 APPLICANTS' NARRATIVE CITY OF SHOREWOOD serve only to create a more pleasing visual harmony, by virtue of the careful architectural design to make the roof lines of the garage blend in with the rest of our home plans. D) The granting of the Variance will not constitute a grant of special privileges. The homes on Galpin Lake Rd. have many widely varied setbacks, and some of the older homes are actually closer to the road setback line than 5915 Galpin Lake Rd. The main point that we were trying to make is that the houses on our road have a very wide variety of setbacks. Some are well over 150' back from the road, and others are much closer. So if the Variance were granted our house would not stick out from a row of houses that are uniformly set back from the road. In addition, the road has a few curves, and hills within our neighborhood, and we are the last house on the north end. The road itself, the house styles, and the house setbacks are all very irregular, and there is no one style or setback that we would be obviously sticking out from. As previously stated there is no desire to expand upon the footprint of the current garage. E) The granting of such Variance will be in harmony with the general purpose and intent of regulation 1201.05. The proposed garage change is designed, laid -out, and shall be constructed in a manner that achieves harmony with the neighborhood, fosters peaceful relations with neighbors, and blends in visually in a low -key, unobtrusive manner with the surroundings. As such, it is clearly in harmony with the overall intents and purposes of the City regulations. Additionally, the proposed change to the garage roofline that this Variance is being requested for does not encroach or infringe on any neighboring residential properties, nor would it impose any hardship on any neighbors, nor would it serve to create a situation where any neighbor's quality of life, property value, or peaceful co- existence would be negatively affected. Quite the contrary, the proposed Variance would allow the petitioner to visually improve the overall look of the garage and enhance the feel of the area, and preemptively provide the space to allow aging parents with declining major health issues an option should it be quickly and unexpectedly needed in the near future. The proposed Variance request is the minimum variance necessary to alleviate the practical difficulties. Plans, photographs, and a property survey in support of the requested Variance are attached hereto Respectfully submitted, Channing and Jessica Scott RECEIVED NOV - 2 2017 CITY OF SHOREWOOD WINDOW SCHEDULE WDW- F MARVIN INTEGRITY WINDOWS APPROX. QUANTITY ROUGH OPENING Oq ITDH 3660 -3W R.O. 10' -0 111' X 5' -0 1/4' 1 OFRONT ENTRY BY MILLWORK PROVIDER R,O. 5' -4 I 12' X 6' -10 112' 1 OITDH 3264 -2W R.O. 5' -4 112' X 5' -4 1/4' 2 Op ITDHP 3648 W/ IALM 3616 R.O. 3' -0 112' X 5' -4 1/4' 2 OE ITDHP 6248 W/ FIXED TRAN 6216 R.O. 5' -2 112' X 5' -4 1/4' 1 OITDH 4260 -2W R.O, -1' -0 1/2' X 5' -0 1/4' 5 OITDH 3660 -2W R.O. 6' -0 112' X 5' -0 114' 3 OITDH 3056 -2W R.O. 5' -0 1/2' X 4' -8 1/4' 2 Oj ITDH 3260 R.O- 2' -8 112' X 5' -0 114' 2 OITDH 3660 R.O. 3' -0 112' X 5' -0 1/4' 3 OIAWN 3616 R.O. 3' -0 112' X 1' -4 1/4' 3 OREPLACE IN EXIST OPG R.O. FIELD VERIFY SIZE I ITDH 2240 -2W EX, BA OREPLACE IN EXI5T OPG R.O. FIELD VERIFY SIZE I u ITDH 3048 OREPLACE IN EXIST OPG R.O. FIELD VERIFY SIZE I ITDH 3060 -2W GENERAL NOTES: U TYPICAL HEADER 2 -9 112' LVL HDR UNLESS NOTED OTHERWISE 2) WINDOW NUMBERS SHOWN ARE FROM 'MARVIN INTEGRITY' WINDOWS CATALOG VERIFY MFG. COLOR AND OPTIONS W/ OWNER. 3) PROVIDE SOLID BLOCKING o FLOOR SYSTEM TO DISTRIBUTE POST LOAD5 DOWN TO STRUCTURE BELOW 4) TYP WDW HEADER HGT. FIRST FLOOR 0 6' -10 112' SECOND FLOOR 0 6' -10 112' EX, DECK EX m E*, P E V �O o ® FRI ° EX. KITCHEN/ 11 II EX, LAUNDRY EX MUDROOM I I EX CAB 1 I TO REM04 I 1 I CABMET _---- ___ - }-� 1 OEX WDW GIRDER TR155 20' ENG FLOOR TRU55E5 24. O.G.° EX. GARAGE j' TTPE ' %' Gyp BD (WALLS E CEILN5) r -_ --- ----- ---- -- -- - -'0 -6 - - -__ - -- GIRDER TR1155- - - -- -- 118 XT OVERUEAp DOOR O I I s ( ENG. SUPER ATTIC TRJ55E$ I X 24. O.G.' 1 I I I NEW 2.16• LVL 1 HOR ®T'•6' ABOVE SLAB I NEW OVERHEAD DOOR IN EXI5TING LOCATION 3' -2' IB'•0' 3' -2' 1 EX, DECK I II II � - ,ju H w GUEST ROOM/ EX- PORCH 1 1°� EX. pTN 1 EX, Lam' Q NEW GTP D CLG B ROOM I m E*, P E V �O o ® FRI ° EX. KITCHEN/ 11 II EX, LAUNDRY EX MUDROOM I I EX CAB 1 I TO REM04 I 1 I CABMET _---- ___ - }-� 1 OEX WDW GIRDER TR155 20' ENG FLOOR TRU55E5 24. O.G.° EX. GARAGE j' TTPE ' %' Gyp BD (WALLS E CEILN5) r -_ --- ----- ---- -- -- - -'0 -6 - - -__ - -- GIRDER TR1155- - - -- -- 118 XT OVERUEAp DOOR O I I s ( ENG. SUPER ATTIC TRJ55E$ I X 24. O.G.' 1 I I I NEW 2.16• LVL 1 HOR ®T'•6' ABOVE SLAB I NEW OVERHEAD DOOR IN EXI5TING LOCATION 3' -2' IB'•0' 3' -2' 1 EX, DECK I II II � - H W/ HOOKS NE '•0' 3' -E NEWFRONT STOOP NEW T CONC O FR05T FOWDATION W/ 20'XB'FOOTMGS FOR STOOP E FIREPLACE PROD, FIRST FLOOR PLAN 2 1/4' = 1' -0' TOTAL FIRST FLOOR SQUARE FOOTAGE = 2115 SQ FT, (EXCLUDING GARAGE AREA) REMOVE EXISTNG ROOFFRAMMG 1 CEILUG OVER NEW GREAT ROOM NEW GREAT ROOM NEW GTP BD CLG NEW 645 FIREPLACE m r�o 2.5 i' L O O 4 J' FILL O 4 )' MJLL O^ w A � 1 9 O W Q w C7 a O a 0 Q 0 r^ ti 0 ISSUE A1AY 1, 2017 REVISIONS AUGUST 10, 2017 OCTOBER 31, 2017 FLOOR PLAN First Floor (existing) GUEST ROOM/ OFFICE o rc I w OI I ml �II oIL EX, BA E) , BATH O u _ XI O O r I I I I I I H W/ HOOKS NE '•0' 3' -E NEWFRONT STOOP NEW T CONC O FR05T FOWDATION W/ 20'XB'FOOTMGS FOR STOOP E FIREPLACE PROD, FIRST FLOOR PLAN 2 1/4' = 1' -0' TOTAL FIRST FLOOR SQUARE FOOTAGE = 2115 SQ FT, (EXCLUDING GARAGE AREA) REMOVE EXISTNG ROOFFRAMMG 1 CEILUG OVER NEW GREAT ROOM NEW GREAT ROOM NEW GTP BD CLG NEW 645 FIREPLACE m r�o 2.5 i' L O O 4 J' FILL O 4 )' MJLL O^ w A � 1 9 O W Q w C7 a O a 0 Q 0 r^ ti 0 ISSUE A1AY 1, 2017 REVISIONS AUGUST 10, 2017 OCTOBER 31, 2017 FLOOR PLAN First Floor (existing) WINDOW SCHEDULE WDW.'MARVIN INTEGRITY WINDOWS APPROX. QUANTITY 9' -]• 5' -5' ROUGH OPENING 3'•B' OITDH 3660 -3W R.O. 10' -0 112'X 5' -0 1/4' 1 OFRONT ENTRY BY R.O. 5' -4 1/2' X 6' -10 1/2' 1 MILLWORK PROVIDER 4' -6' OITDH 3264 -2W R.O. 5' -4 1/2' X 5' -4 114' 2 Op ITDHP 3645 W/ IAU.N 3616 R.O, 3' -0 112' X 5' -4 1/4' 2 OITDHP 6248 W/ FIXED TRAN (5216 R.O. 5' -2 1/2' X 5' -4 114' 1 OITDH 4260 -2W R.O. 1' -0 112'X 5' -0 1/4' 5 OITDH 3660 -2W R.O. 6' -0 112' X 5' -0 114' 3 OITDH 3056 -2W R.O. 5' -0 1/2'X 4'-01/4' 2 OITDH 3260 R.O. 2' -S 112' X 5' -0 1/4' 2 OITDH 3660 R.O. 3' -0 112' X 5' -0 1/4' 3 OIAWN 3616 R.O. 3' -0 112' X 1' -4 1/4' 3 OREPLACE IN EXIST OPG R.O. FIELD VERIFY SIZE I = I LVL MDR ITDH 2240 -2W 7.9 LvL HDR 74 OREPLACE IN EXIST OPG R.O. FIELD VERIFY SIZE I ITDH 3045 -- Sua�R OREPLACE IN EXIST OPG R.O. FIELD VERIFY SIZE I ITDH 3060 -2W I GENERAL NOTES - 1) TYPICAL HEADER 2 -9 112' LVL HDR UNLESS NOTED OTHERWISE 2) WINDOW NUMBERS SHOWN ARE FROM 'MARVIN INTEGRITY' WINDOWS CATALOG VERIFY MFG. COLOR AND OPTIONS W/ OLMER. 3) PROVIDE SOLID BLOCKING 0 FLOOR SYSTEM TO DISTRIBUTE POST LOADS DOUR) TO STRUCTURE BELOW 4) TYP WDW HEADER HGT, FIRST FLOOR 9 6' -10 1/2' SECOND FLOOR 0 6' -10 112' Q SECOND FLOOR PLAN 3 1/4' = 1' -0' TOTAL FIRST FLOOR SQUARE FOOTAGE = 2115 50 FT. (BONUS ROOM AREA = 436 SQ. FT.) w 1 W 9O r4 W O P. 0 aA O a0 � �0 �^ v1 � ISSUE MAY 1, 2017 REVISIONS AUGUST 10, 2017 OCTOBER31, 2017 FLOOR PLAN Second Floor (proposed) 5'•0' 10' -10' 5' -6' 9' -]• 5' -5' 13'•4' 3'•B' IS' -10' 5' -3' 6' -2' 4' -B' 4'•B' 4' -6' 6' -B' 6' -B' l'•3' B'•'1• 0 - - - - - - -- -� �- - -_ - - -- -= - -� - - -- = I LVL MDR F TUB uu 7.9 LvL HDR 74 2.9 J' LVL MR 2.9;' LK MDR -- Sua�R - II I I _ - I 13'• 0,X14' -4• EL41W 2 = - _ - -- BEDROOM 02 w 0 IS'- 0'Xk' -4' - I6'- 6'X14'•4' EXIBT -- - WIDOD FL = - BEDROOM '4 = BEDROOM -3 (VER, FL - BATH 3 - LLOOD FL SIZE! _ CER. TIL METAL STUD 20'•0'XIB' -4' OG FURRING MASTER rc BEDROOM WOOD FL _ $ 14 INEN 26 - 26 O = I I 74 D N I I I I = 2B CD. r SLOPED am. -I I- SLOPED CLG - -- - - - -- I I - 1 5'•6' CLG. FGT. - 5'•6' CLG. NGT. — - - -- SITTING AREA ----- - - -_ -- ' STACK R1RNA E I I = ❑ FD. I _ = - WOOD FL - i I za 74 MASTER I C G I I � ' O _ 2 -51' LvL HDR - II CLO• 'I I - -_- —, u = A5TER - - - -- — - -- I - LO. 12 - O O 4 - = I 2- MASTER o BATH - -'_ ___° _ - -4 - - I - I 5.•B. 4. CERb ijILE O - I 44 1:44 CE I I ' o M-m•x I PARENT-5 - -_ 74" I = I r SUITE I �� !� - I LJ ----- - - -- L 2.2X10 MDR I - - -- _- T — -WOOD FL- r 7n A U J I I I = E-- 24 A TI TRUSSES I - __ I I I I I I I I I I I I I I I I I I I 2.5 J' L I MDR 2'.11• 2' -4' 2' -4' 4' -3' 5'•3' S' -2• b' -0' S' -2' 3' -6' 16'•0' 9' -3 V]' 1' -S` 4'-0' 24' -4' 28'•9 W- 2340' Q SECOND FLOOR PLAN 3 1/4' = 1' -0' TOTAL FIRST FLOOR SQUARE FOOTAGE = 2115 50 FT. (BONUS ROOM AREA = 436 SQ. FT.) w 1 W 9O r4 W O P. 0 aA O a0 � �0 �^ v1 � ISSUE MAY 1, 2017 REVISIONS AUGUST 10, 2017 OCTOBER31, 2017 FLOOR PLAN Second Floor (proposed) 4 1/4' = P -m' I � STEPS I I 1 FRONT ELEVATION 114' = 1' -0' V W V1 Q H 0 w c7 a A O P O o �3 � �0 ISSUE MAY 1, 2017 REVISIONS AUGUST 10, 2017 OCTOBER 31, 2017 BUILDING ELEVATIONS Front and South Side Q RE ILA m r_:LEv /_I 5 1/4' = I' -m' 5 1/4' = 1' -0' H 0 w w Q 0 W U z w A �O V � ISSUE MAY 1, 2017 REVISIONS AUGUST 10, 2017 OCTOBER 31, 2017 H O Q 0 0 0 x t UILl"1NG ELEVATIONS Rear and North Side 5UIL®INC;; SECTION 6 1/4' = P -0' �D t2 // \\ I' AIR BAFFLE // (HW) b-. FASCIA m DORMERS \\ HARDIE FASCIA 4 SOFFITS W/CCNT. VENTS 510W--5 NG AREA BEDROOM "3 \�\ U TYP. W4LL CONSTRUCTbN - SIDING -tA6OX S EATHPY --BUILDING BD. -h6 STUD WALL •BATT WWL R -19 MW EXIST. ROOF TO BE REMQvED \\ -4 HIL POLY VAPOR BARRIER 3/4' Pl.YWO SUSFL00g 20' ENG. FLOOR TRUSSES ' e 192. O.G, EXIST. CLG JSTS 4 GYP BD TO REMAIN — EX, L�IT- ROOM D E3UILDING SECTION fm 6 1/4' = 1' -0' W A Q 0 �CIO 0 w aO o w 3 �C-5 �o �kn on ISSUE MAY 1. 2017 REVISIONS AUGUST 10, 2017 OCTOBER 31, 2017 JOB #161501 SHEET # 6 OF Y { W^� v. 0 o 1977 SITE PLAN " TO BE COMPLETED BY VILLAGE INSPECTOR; . _ YES. NQ 1. Does construction meet ordinance set -back re uirem q. ents 2. Does lot meet ordinance building site requirements? 3. Does proposed construction comply with building code? 4. Have all required plans been submitted? and specifications for Water 5. Does well specifications meet minimum. requirements? P. Are varzances'requi.red. 7. Does :sail bearing test, if needed, indicate soil approved for construction. -is of foun.'datiori? 8,. Cheek for Sanitary Sewer Service elevation? V 9. Energy Conservation Data H supplied?. at'. P (Heat Loss Comments: Recommendation -is :made. for issuance of permit for Remodeling We . Date: , Bu i l di ng I`nspECaor of: Shorewood 20630 Manor .Road' Shorewood, htfd 5,533 1