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06-05-18 Planning Commission AgendaCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 5, 2018 CALL TO ORDER 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES April 17, 2018 3. PUBLIC HEARINGS COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. ROLL CALL / (LIAISON) SCHEDULE MADDY (Jun) GORHAM (Jul) EGGENBERGER (May) DAVIS (Mar) RIEDEL (Apr) A) 7:00 P.M. PUBLIC HEARING — C.U.P TO REMOVE SOILS IN EXCESS OF 400 CU. YDS. Applicant: Schroeder Management (rep. Jack and Gretchen Norqual) Location: 27960 Smithtown Road B) 7:10 P.M. PUBLIC HEARING —ZONING CODE TEXT AMENDMENT TO C -1 USES Applicant: Jonathan Higgins 4. OTHER BUSINESS A) VARIANCE TO BUILD ON A SUBSTANDARD LOT Applicant: Conrad Lee Nill Location: 5885 Eureka Road B) SETBACK VARIANCE Applicant: Tschida Construction (rep. Brent Shiely) Location: 4495 Enchanted Lane 5. MATTERS FROM THE FLOOR 6. REPORTS Council Meeting Report SLUC Summary Draft next meeting agenda 7. ADJOURNMENT CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 17, 2018 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:01 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Maddy; Commissioners Davis, Eggenberger, Gorham, and Riedel; Planning Director Darling; and Council Liaison Sundberg Absent: None 1. APPROVAL OF AGENDA Davis moved, Riedel seconded, approving the agenda for April 17, 2018 Planning Commission meeting, as presented. Motion passed 510. 2. APPROVAL OF MINUTES March 6, 2018 Eggenberger moved, Riedel seconded, approving the Planning Commission Meeting Minutes of March 6, 2018, as presented. Motion passed 510. 3. PUBLIC HEARINGS 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. A. PUBLIC HEARING — C.U.P. for Accessory Space over 1,200 sq. ft. Applicant: Michael Schroeder (Rep. Jack and Gretchen Norqual) Location: 27960 Smithtown Road Chair Maddy opened the Public Hearing at 7:03 P.M. and noted the procedures used in a Public Hearing. Director Darling explained that Schroeder Management has requested, on behalf of Jack and Gretchen Norqual, to construct a new single - family home on the property located at 27960 Smithtown Road. She noted that the adjacent properties have single family homes and noted that the property owners also own three other lots in the vicinity. A home on the property was demolished in 2009 and a small house and garage was constructed on the site. The small house was built with the understanding that it would be converted into a garage or storage building when the new home was constructed. There is also a small storage building on the site that was constructed in 1930, that is proposed to remain. The proposed home would include an attached garage space and the total accessory space including the new attached garage, CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 2 of 7 the detached garage, and the 1930 shed space, is over 1,200 sq. ft. She noted that in the information sent out for the April 3, 2018 meeting, did not include a small accessory space, which accounts for a 182 sq. ft. difference in the total from the initial staff report. She reviewed the standards for consideration of an application of this nature. Staff has found that the application complies with the standards and is recommending approval of the request. Michael Schroeder, Representing Jack and Gretchen Norqual Mr. Schroeder stated that they had worked to ensure that all the buildings on the site worked together and complied with the City standards. Commissioner Riedel expressed concern that the code stated that only three accessory spaces were allowed. Director Darling stated the use for the small accessory space is for a garden room attached to the lower level of the house. Chair Maddy noted that that difference seems to be the opening to the outdoors, because if it opened to the indoor area, it would be considered a closet. Mr. Schroeder noted that the most recent plans have actually taken that garden room as an accessory space out of the plan. Commissioner Riedel noted that alleviates his concerns then, since there are only three accessory spaces. He read aloud from the code and noted that it states that it is limited to three accessory spaces and does not delineate between attached or detached. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:17 P.M. There being no public comment, Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:17 P.M. Commissioner Riedel stated that both this application and the next application on the agenda have a large area of accessory space. He stated both are vastly above the allowed 1,200 sq. ft. He stated that the City seems to be seeing more of this and has, thus far, approved every C.U.P that has come before them allowing larger accessory spaces. He stated that it appears that a precedent is being set and suggested that the Planning Commission take some time to determine whether the 1,200 sq. ft. limit should be increased or the other conditions examined more closely to see if they are still relevant. Planning Director Darling noted that this issue was already on the list of discussion items for the Planning Commission. Riedel moved, Davis seconded, recommending approval of the C.U.P. for Accessory Space over 1,200 sq. ft. for Jack and Gretchen Norqual, and the property located at 27960 Smithtown Road, on the condition that there are only three accessory areas. Motion passed 510. Director Darling noted that this application will be considered by Council on April 23, 2018. B. PUBLIC HEARING — C.U.P for Accessory Space over 1,200 sq. ft.; C.U.P. for Fill in Excess of 100 Cu.Yds; and a Setback Variance Applicant: TEA2 Architects (Rep. Jodie and Paul Siegle) Location: 5550 Marsh Pointe Drive CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 3 of 7 Chair Maddy opened the Public Hearing at 7:21 P.M. and noted the procedures used in a Public Hearing. Director Darling explained that, on behalf of Jodie and Paul Siegle, TEA2 has requested to construct a new single- family home at 5550 Marsh Pointe Drive. She noted that the previous homeowner had demolished the existing home back in 2014 and the land has remained vacant since that time. The applicant is requesting two C.U.P.s and a variance: a C.U.P. for exceeding the permitted amount of accessory space with a 2,820 sq. ft. structure; a C.U.P. to exceed the allowed 100 Cu. Yds. of material, to import 395 Cu. Yds. of fill; a variance for the home to be built 45 feet from a side yard setback abutting a public street, for the construction of a porch, steps, and an eave overhang. Director Darling reviewed the design plans. Director Darling noted that if approved, staff recommends that large trucks and construction traffic utilize Smithtown Road and that once construction is completed, the existing driveway on Smithtown Road be removed and turf be installed. She noted that the applicants have met some of the variance standards better than others, but staff realizes that the standards are open to interpretation. Staff is recommending approval of both of the C.U.P. applications, but not the variance. Commissioner Riedel stated that he had noticed some cattails and asked if there was any wetland designation in this area. Director Darling noted that to the north there is wetland and wetland buffer areas around the perimeter. Commissioner Eggenberger asked why the City was concerned with the driveway on Smithtown Road. Director Darling stated that staff was recommending it be taken out because it is not a practical use of the property any longer and reducing access points on a higher order street is always a benefit to the traveling public. Commissioner Eggenberger stated that his other comment is in relation to the letter that was put on their desks by Rob and Beth Reiskytl. He asked how the Marsh Pointe HOA agreement meshed with City requirements. Planning Director Darling noted that the properties to the north were developed as a subdivision under a Planned Unit Development (PUD) called Marsh Pointe and are all held to the standards of the PUD, which are enforced by the covenants that were recorded against the property and maintained by the HOA. HOAs can have standards above and beyond what the City allows. This particular property is an adjacent property and not part of the PUD or the HOA documents. She would like to enter the letter from Rob and Beth Reiskytl, 5730 Marsh Pointe Drive into the minutes, for the record. Chair Maddy asked how many zoning restrictions were relaxed for the adjacent PUD. Planning Director Darling stated that the front setback was relaxed and the wetland buffer /setback was increased on certain lots abutting the wetland. Tom Van De Weghe. TEA2 Architects, representing Jodie and Paul Siegle Mr. Van De Weghe concurred with staff that they have met all the requirements for the C.U.P.s. He stated that his clients purchased this property with the intent to put in a home that would blend in with the area, but the site has some unique properties, such as the grade change from south to north. He stated that he feels the 50 ft. setback is much more restrictive than any other property in the area. He quoted from the zoning regulations, section 1201.03, subdivision 3 -D, that allows for setbacks to be changed to allow for CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 4 of 7 homes to fit within their neighborhoods. He stated that he doesn't feel this property can be compared equally to the surrounding properties. He reiterated that the property owners, Jodie and Paul Siegle had a desire to add a new home that blends in and this design does the best job possible of "filling in the missing tooth" in this neighborhood. He explained that the 4 feet of encroachment that they are asking for is for an open porch that is allowed in many other municipalities as part of their code. He noted that Planning Director Darling had mentioned that this issue was self - created. He stated that he agreed that it could be viewed as self - created, but it was due to the unique condition of the property. He reviewed other possible alignments of the home and buildings and the problems they created and stated that they felt the current design was the best one for the unique issues relating to this lot. Commissioner Riedel noted that this was a rectangular lot with construction on a conforming lot. It seems to him that the starting point would be the setbacks and the design would be driven by the setbacks that are in place. He asked what had happened in the design phase and whether TEA2 thought that City code approved of the open porch area or if it was designed intentionally knowing that there would be a variance application required. Mr. Van De Weghe stated that this is a very complicated site. They looked at a combination of the values of the client, the amenities of the site, the ability to view the greenspace and the wetland area, and the not so great view to the east, as well as the busy corner to the south. It was decided to have a small encroachment and ask for a variance. He stated it was somewhat of a design decision, but, also based on the fact that this house is already 15 -20 feet further away from the street than the rest in the neighborhood. He stated that their design plans were also in response to get the house to feel more like the existing homes in the neighborhood. Commissioner Riedel pointed out that to the north is wetland and to the east is the school, so to him, "fitting into the neighborhood" is not a clear -cut statement. Mr. Van De Weghe stated that if you drive around the entire neighborhood, along Marsh Pointe Drive all the way to where it connects with Smithtown Road, every house is closer to the street by 15 -20 feet. He stated that even along Smithtown Road, every house is closer to the street than this house will be. Commissioner Riedel stated that he thinks this is subjective. Mr. Van De Weghe asked why this property was being treated differently. They have only one neighbor that is contiguous with which they can compare themselves to and they are not being allowed to make the comparison. He reminded the Commission that they are only asking for four feet for an open porch. Commissioner Riedel asked if the design of the house could work without the porch. Mr. Van De Weghe stated that he didn't think so because a porch adds great human character and scale. Chair Maddy asked if eaves are exempt from setback requirements. Director Darling stated that eaves are allowed to encroach two feet into a required setback. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:48P.M. Nick Richardson, 5670 Marsh Pointe Drive, stated that he was here representing the HOA for Marsh Pointe. He stated that he wanted to reinforce the letter from the Reiskytls and state that they were super pumped to have the Siegles in the neighborhood. They are excited to finally have a home built on that corner. The only concern that he was asked to bring forward on behalf of the HOA, was the size of the detached garage or accessory building because it is twice the size of the regular sized space of 1,200 sq. ft. Their primary CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 5 of 7 concern is the precedent that it may set in the area. He stated that their HOA does consider the two front lots part of their community and its overall aesthetic, even if they are not officially part of the HOA. Chair Maddy asked if the HOA had discussed this development specifically and if there was any input on the 5 -foot setback variance issue. Mr. Richardson stated that the setback issue did not come up, only the concerns with the size of the detached garage. Director Darling noted that the letter submitted stated that they had no objections to the C.U.P. for the fill or the setback variance. Robert Bauman,26640 Smithtown Road, stated that he lives right across the street from the Siegle's property and really likes what they are trying to do. He thinks this property is very unique and won't really encroach on anybody. He would like to see the City let them do what they want. He understands the concern about the size of the garage and questioned whether the issue is because it is called a garage. He asked what the feeling would be if it was called a recreation building. He thinks this building is more for storage of Mr. Siegle's entertainment and not for cars coming and going or working on cars outside. He stated that the design has windows on the side that can be seen from Smithtown Road, so he doesn't think there should be any objection, because if it was a house, people would say it was fine. Tom Van De Weghe, TEA2 Architects, stated that the location of the detached garage has a little latitude because it is not currently up against the 50 -foot setback. The form of it could be changed a bit to break down the scale, so it doesn't necessarily feel like a long, large garage. Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:54 P.M. Riedel moved, Gorham seconded, recommending approval of the C.U.P. for an accessory space to exceed 1,200 sq. ft. for Jodie and Paul Siegle and the property located at 5550 Marsh Pointe Drive, as presented. Motion passed 510. Commissioner Riedel asked if there would be an application made to the watershed district since this property is adjacent to the wetland. Director Darling stated that they will need to provide for erosion control. She noted that the City will also be watching to make sure that the silt fences are in place and doing their job. Chair Maddy noted that the City Engineer had taken a look at the plans and asked if she had seen anything of concern. Director Darling noted that she did recommend a few general conditions, if the City approved the project. Riedel moved, Davis seconded, recommending approval of the C.U.P for exceeding 100 Cu. Yds. of fill, that the existing driveway on Smithtown Road be removed, and the other conditions laid out in the staff analysis and recommendations, for Jodie and Paul Siegle and the property located at 5550 Marsh Pointe Drive, as presented. Motion passed 510. Commissioner Riedel stated that he feels this is a tough sell in arguing for a variance. He feels the design could be completed within the setbacks that include a porch. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 6 of 7 Commissioner Davis stated that she is also troubled by the seeming assumption that this was designed with the thought that they could just get a variance. She stated that the City doesn't necessarily make its decisions based on what other cities do. That being said, she noted that she does feel a porch is a reasonable use. Chair Maddy noted that he viewed this another way. He feels this property is somewhat of an island sandwiched between a school, a road, and a PUD that, to him, is a practical hardship. Director Darling noted that the code is actually written to allow variance to the front setback to stay within the character of the area and match the other homes in the area. She stated that there is a technicality in the code, because a side abutting a public street is not a front yard. If the Commission was looking at Marsh Pointe Drive as the front, they could consider the property to the north, and take the average between the required setback and the front setback shown on this home and it would conform. However, this is literally a side setback, so a variance would be needed, and cannot be interpreted administratively. Commissioner Eggenberger stated that he does not feel the request for a variance is unreasonable and is not convinced that it was designed with the intent of just getting a variance. He stated that he does feel this property is unique and thinks the overall design is very well done and does not see the request as unreasonable. Commissioner Gorham stated that he has not seen practical difficulty proven. He noted that he is an architect and feels you should start with the restrictions and then move forward with your design from that point. Commissioner Riedel stated that he didn't feel the issue in granting the variance was whether the design is fine and fits into the neighborhood or not, because it clearly does. He noted that there should always be a specific rationale for granting a variance, the most typical would be a non - conforming lot. He stated that it is a reasonable request, but, feels it is self - created, by the design. Chair Maddy noted that this parcel was created and in place before the nearby HOA was platted. Commissioner Riedel noted that he agrees with all the architectural decisions to line up the house with Marsh Pointe Drive, but, doesn't understand the need for a five -foot encroachment. Eggenberger made a motion recommending approval of the variance to allow a home to be 45 feet from a side -yard setback abutting a public street for Jodie and Paul Siegle, for the property located at 5550 Marsh Pointe Drive. Due to lack of a second, the motion died. Riedel moved, Davis seconded, recommending denial of the request for a variance to allow a home to be 45 feet from a side -yard setback abutting a public street, for Jodie and Paul Siegle, for the property located at 5550 Marsh Pointe Drive. Motion passed 4/1. Director Darling noted that this application will be considered by Council on April 23, 2018. 4. OTHER BUSINESS - None 5. MATTERS FROM THE FLOOR - None CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 17, 2018 Page 7 of 7 6. REPORTS Liaison to Council Council Liaison Sundberg noted that the summer party is coming up in July and more details will be sent out soon. SLUC Summary Commissioner Davis stated that she had attended and noted that it was very interesting. She noted that the Brookview facility is stunning, but, the food was not good. Commissioner Eggenberger stated that he had also attended and was amazed at all the planning that goes into roadway planning. He noted that the discussion surrounding the City getting involved even when a developer is paying for the roadways is very important, because ultimately, the City would be responsible for the roadways. Director Darling noted that for the next SLUC meeting topic on May 23, 2018 is, "Size. Does It Matter ? ", about whether smaller lot sizes advance both public and private sector goals. She asked any Commissioners interested in attending to let her know. • Draft Next Meeting Agenda Director Darling stated there are no development applications slated for the next meeting. She noted that it might be a good idea to start discussion on the fire lane standards. She will put together some background and advertise the meeting to collect community input. 7. ADJOURNMENT Davis moved, Riedel seconded, adjourning the Planning Commission Meeting of April 17, 2018, at 8:17 P.M. Motion passed 510. MEMORANDUM CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityha11 @ci.shorewood.mn.us TO: Planning Commission, Mayor and City Council FROM: Marie Darling, Planning Director MEETING DATE: June 5, 2018 RE: Schroeder Management, LLC. — C.U.P. for Soil Extraction in Excess of 400 Cubic Yards LOCATION: 27960 Smithtown Road ZONING: R -1 A/S FILE NO.: 18.06 REQUEST The applicant, on behalf of property owners Jack and Gretchen Norqual, proposes to construct a new home on the subject property. The request is to remove the top two feet of the building pad to create a level building area for the home and driveway. The applicant proposes to remove 3,500 cubic yards of material. Section 1201.03 Subd. 9 requires a conditional use permit for any removal of material over 400 cubic yards. n d - 27960 Smithtown Rd r a^ - tl,C` e i 0 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 June 5, 2018 meeting. Page 2 BACKGROUND Context: The property is currently developed with a single - family home and a detached garage. The existing single - family home would be converted into accessory space. The adjacent properties are all developed with single family homes. The property to the south is owned by the same property owner At the April 17, 2018 meeting, the Planning Commission reviewed a request for a CUP for accessory space over 1200 square feet (approved by the City Council on April 23, 2018). At the time the applicant submitted the application for the other CUP, the extent of the soil removal was not known. The applicant has continued to refine their plans since the approval of the other CUP application was reviewed and reduced the amount of material needed to be removed from about 6,000 cubic yards indicated on the previous grading plan to the proposed 3,500 cubic yards. ANALYSIS /RECOMMENDATION All CUP applications are reviewed according to the standards listed in section 1201.04 Subd. 1. D. 1. of the zoning regulations, which include the following: • Compatible with present and future land uses in the area without depreciating the area. • Promote and enhance the general public welfare and not be detrimental to the public health and safety. • Conform to applicable regulations of city code. The concerns with this type of CUP application are typically engineering related: dust control, erosion and sedimentation control, construction management, and keeping the public streets clean. Additionally, because the property is within the shoreland overlay district, additional conditions would apply. The City Engineer has reviewed the application (memo attached). Staff recommend the following conditions from her memo, city code and the shoreland regulations be included into the approving resolution when the resolution is forwarded to the City Council to maintain conformance with the three standards listed above: With the grading or building permit, submit the following: • A surface water management plan consistent with city regulations. • An erosion and sediment control plan must be submitted for review and approval. • An NPDES permit if disturbance exceeds one acre and an erosion control permit from Minnehaha Creek Watershed District. • A revised survey that relocates the retaining walls and infiltration basin outside the 10 -foot drainage and utility easement. • Disturbed portions of the property must be restored with slopes no steeper than 3:1. • Easements over the affected property to the south must be submitted if the property is sold to a separate property owner. • No grading shall be permitted in the shore impact zone. • No more than 1/3 of the surface area of the lot shall be devoid of vegetative ground cover at any time and ground cover shall be restored as soon as possible when grading is completed. -2- Page 3 • A construction management plan addressing contractor parking, dust control, street sweeping, hours of operation, etc. and reference the erosion control plan. • The truck route shall be Smithtown Road south to State Highway 7. ATTACHMENTS: Location Map Engineers Memo Applicants Narrative and Plans Correspondence Received -3- N Ra Pinl 0 300 600 1,200 a Feet CO m 0 00 o ar .r n c� Ct Lake Minnetonka �a 0 Cn Rd CU J i 9� �r e � Subject it o Property La 62 d WSB - 701 Xenia Avenue South I Suite 300 1 Minneapolis, MN 55416 1 (763) 541 -4800 Memorandum To: Marie Darling, AICP, Shorewood City Planner From: Alyson Fauske, PE, Shorewood City Engineer Date: May 30, 2018 Re: 27960 Smithtown Road Conditional Use Permit for Removal of Fill City of Shorewood, MN INSB Project No. 11227 -000 Based on the grading plan prepared by Keenan & Sveiven, Inc. revised May 22, 2018 1 offer the following: The applicants propose to remove 3,500 cubic yards from the property to prepare the site for the construction of a home, garage and auto court. Approximately two feet of soil from the high point of the property along with material excavated for the basement of the home. Lowering the building site by two feet increases the building footprint while minimizing the use of retaining walls. The building to the south is approximately 90 feet away and will be 10' lower than the proposed first floor elevation and around the same elevation of the walkout elevation. The proposed drainage patterns match the existing condition, with the location of the proposed home at the high point and draining to the north, east, south and west (toward Lake Minnetonka). The applicant will need to provide a surface water management plan with the building permit. Grading is proposed on the adjacent property to the south which, according to Hennepin County parcel information, is owned by the applicant. The proposed haul route is Smithtown Road south to Highway 7. Recommended conditions of approval: 1. An erosion and sediment control plan must be submitted for review and approval. 2. If the disturbance exceeds one acre, an NPDES permit is required. 3. If the applicant sells the property to the south prior to completing the grading associated with this Conditional Use Permit, the applicant must obtain the new property owner's permission to complete the grading according to the plan or submit a revised grading plan for review and approval. Building a legacy. Equal Opportunity Employer i wsbeng.com K: \011227-=\ Admin\ Dot s\ CUPreviews \20180530_27960Smithtown Rd M— Am To: City of Shorewood 5755 Country Club Rd Shorewood, MN 55331 From: Jack & Gretchen Norqual 27960 Smithtown Road Shorewood, MN 55331 5/23/18 RECEIVED MAY 2 4 2018 CITY OF SHOREWOOD Jack & Gretchen Norqual the owners of real property located at 27960 Smithtown Road PID 31- 117 -23 -34 -0034 in Shorewood MN request a Conditional Use Permit to exceed the 400 Cubic Yards of exported fill to allow for a level building area for the construction of a new residence on the above property. Attached is a Site plan developed by Keenan & Sveiven a Minnesota Registered Landscape Architect that includes existing and proposed topographical elevations. The proposed building site is currently a hill that peaks at elevation 948 and drops in grade several feet in all directions from a point centered on new building area. The purpose of the CUP is to remove the top 2' of the hill to create a level building area at elevation 946 for the new proposed home and driveway. The 3,500 Cubic Yards of proposed fill to be exported also includes the material removed from the excavation of new basement as well as material removed to construct a storm water management drain field The Removal of the top 2 feet of the hill will not significantly change the general appearance of the property and will allow the new home to be closer in the elevation of the nearest adjacent property located at 27964 Smithtown Road that currently has a finished grade around the home at elevation 937. An engineering report on current and proposed drainage as well as a storm water management plan will be provided with building permit. All fill will be loaded at site and will first travel down approximately 1,000 feet of owners existing gravel drive to reduce the transfer of wheel debris to Smithtown Road, then traveling South on Smithtown Road for approximately 2,000 feet to the end of Shorewood City limits and on to State HWY 7. All transfers of material will take place during city approved construction hours and city street will be kept clean of wheel debris during the transfer process. Thank youlprAour Consideration, Norqual TREE REPLACEMENT CALCULATIONS: TREE PROTECTION NOTES• TREE • DESCRIPTION (DBH) REPLACE WITH (MIN) I. TREE PROTECTION FENCING SHALL BE INSTALLED IN EXISTING TREE INVENTORY BY OTTO I I LOCATIONS SHOWN ON THIS PLAN. S 24. OAK 3 -3' CAL. DECIDUOUS 2. TREE PROTECTION FENCING WILL BE MINIMIUM 4' HIGH Tom' enclEe D044 TREE • OMCIE6 D514 21 S' PINE,...,.,....., I -6' HIGH CONIFER ORANGE POLYETHYLENE LAMINAR SAFTEY FENCING OR 1 t1ePl° s4 � 22 S' SPRUCE�....t.w.�r°., I -6' HIGH CONIFER SILT FENCE 2 ceder 2 P t F 23 9' FINE....>w,a.,.,., T.l., 1 -6' HIGH CONIFER 3. FENCING SHALL BE SECURELY ANCHORED BY STEEL 3 Ceder 2m �qgP 24 15' MAPLE 3 -3' CAL. DECIDUOUS FENCE POSTS INSTALLED 6' ON CENTER ooQ, o,n 26 15' MAPLE 3 -3' CAL. DECIDUOUS 4. TREE PROTECTION ZONES SHOULD BE DESIGNATED AS pb Im s i 28 S' MAPLE 2 -3' CAL. DECIDUOUS SUCH WITH 'TREE SAVE AREA' SIGNS POSTED VISIBLY ON a ceder e 42 12' CEDAR,°e..°,a»,.-- 2 -6' HIGH CONIFER ALL SIDES OF FENCED AREA 6 pb b 21 Oak 36 X / \ 5. TREE PROTECTION FENCING MUST BE INSTALLED PRIOR TO l Mepb 24 II I TOTAL: 16 REQUIRED REPLACEMENT TREES, SEE PLAN FOR AND MAINTAINED THROUGHOUT BUILDING CONSTRUCTION 79 „ LOCATION AND DESCRIPTION AND SHOULD NOT BE REMOVED UNTIL COMPLETION OF g Ceder 24 30 Etn 6 CONSTRUCTION AND UNTIL LANDSCAPING IS INSTALLED. im Mepl° IS, 31 tlpw T EXISTI TREE LEGEND: epb 2m NG 32 pls 6 n Mepb 21 93 1 b �RT EXISTING TREE FWp 13 35 ppb Keenan & Sveiven, Inc. III I �La1N� I �� r�� 28 NUMBER OF TREE, SEE TABLE FOR DESCRIPTION to 1. a4 36 ti 9 P 15119 Minnetonka Blvd. IVlinnetoolu, Mlnn'4 55345 X INDICATES TREE TO BE REMOVED n pb a 3e Mepb Im Faelmi1e952a75 667 ` M ple b 39 tl pb 10 II 7 P REMOVED BTYP. 7m tlep'a 4m Bee pe wd m DESIGN BUILD Landscape Architecture TREE eHO�L II \'� is — — \ ' o EXCAVATION CALCULATIONS: HARDCOVER CALCULATIONS: 6L s TOTAL VOLUME OF PROPOSED EXCAVATED e \ LOCATION AREA ($F) I EweTHa FILL MATERIAL TO BE EXPORTED - 3,500 PROPOSED HOUSE 5126 EX wP I I e�P _ 1 _ _ X14 : .I/ / _ \ �� I CUBIC YARDS CARRAGE HOUSE 1563 1 - --ll 945 _ Ap W. �, '6TABLE' BUILDING �I • 10 J'- o 13 • / / * I' I FRONT WALK 163 r Nor oce STORM WATER FLAN SERVICE WALK TO LOWER LEVEL 315 W eIP I TT P aHr+re y p25 I SEE STOR11 WATER MANAGEMENT PLANS LOWER PATIO 24 I �� PREPARED BY SUNDE ENGINEERING. GRADING STEPS FROM LOWER TO MAIN LEVEL PATIO 164 v 7' - -~ ®� X22. eTNO�u SHOWN ON THIS DRAWING WA$ TAKEN FROM MAN LEVEL LAKESIDE PATIO 149 • 09 t 12 PORCH — v _GARAGE__ eTaf WALL \ SUNDE'S PLAN Z MASONRY COLUM4S (4 e 3 SQ. FT) 36 I i =; �r�l 23 -� 4 Avkam Blame le LAKE I I DRIVEWAY AUTO COURT {535 I / 27` 4 ' \ DRIVEWAY APPROACH FROM GRAVEL DRIVE TO 1391 ^ MINNETONKA I / " LAID I »P AUTO COURT /1 11 OT \ GRAVEL DRIVE 3464 1 •0 Or, / 1 1 \ \ PATH FROM GUEST HOUSE Ill �I PATH TO DOCK S4 p�( EX STEPS AT LAKE + ATIO III RETAMMG WALLS 296 W AP XW9A I �`0. I + - I �- ! I AC. FADS &IOI�LRE I °04 w �� , � .O OS R m �eE-E .E \ \\ TOTAL HARDCOVER 191821 �J— GILT F9CE �\ TOTAL LOT AREA (25 ACRES) 109096 003 R20TEr -TIGN 'Ai - '� IC r� Z / N _. - ;✓ - Et2f{ cF oeere� -. \ PERCENT HARDCOVER 18.1% I I r;a7cE r t . �� ...� A . cngvEl. 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I /. / .'..'me co LAKE MINNETONKA ' ,\ \I'# �. \ \ _ , , / *,� j �\ \ \, \ \ � � �\.... —` � / �r mod' � / / r JJ / o+.sh.rrs.msrr Omrn �o � \\ �_ �r•rw, = � /�� , /// �, 8 i — ,,�'C, - - - -- ,�, APR %' 4 2018 CITY OF SHOREWOOD Pam `. \\eye, nv.y �rweaov.mnnt Zi� xiom Marie Darling From: Johannson, John <John.Johannson @colliers.com> Sent: Friday, May 25, 2018 8:05 AM To: Planning Cc: Johannson, John Subject: Jack Norqual. 27960 Smithtown Road. CUP for Removal of Soils Dear sirs: I am writing to you in reference to the Public Hearing Notice that I received with regards to a Conditional Use Permit for Jack Norqual to remove soil material at 27960 Smithtown Road. I own the home at 27968 Smithtown Road —which is one lot removed to the south of the subject property. I have reviewed the plans with Mr. Norqual and have no objections. The proposed new home, including soil removal, is appropriate and attractive. He soil removal will enhance the overall final project. If you need to reach me, my cell phone is 612 - 817 -2302. Thank you. John Johannson 27968 Smithtown Road John J.Johannson Welsh Companies /Colliers International 4350 Baker Road, Suite 400 Minnetonka, MN 55343 952 - 897 -7750 — phone 952 - 842 -7750 — fax John.Johannson(o.colliers.com JJohannson(aD-welshco.com MEMORANDUM CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityha11 @ci.shorewood.mn.us TO: Planning Commission FROM: Marie Darling, Planning Director MEETING DATE: June 5, 2018 RE: Jonathan Higgins, zoning text amendment: body art as a use in the C -1 district (Zoning regulations sections 1201.02 and 1201.22) REVIEW DEADLINE: August 22, 2018 FILE: 18.08 REQUEST The applicant requests a zoning text amendment to allow tattooing in the C -1 zoning district. He plans to open a new business at 23670 State Highway 7 that would include tattooing, a museum of tattoo paraphernalia as well as other artists' studio. Staff found that the zoning ordinance does not include tattooing as a permitted use nor does it have a similar use that would allow administrative approval of the use. Consequently, operation of the business requires an amendment to the ordinance. The applicant's request is attached. Notice of this application was published in both of the official city newspapers at least 10 days prior to the public hearing. Page 2 ANALYSIS The applicant has submitted a narrative indicating that tattooing is a growing field and a high percentage of Millennials and GenV ers are likely to have one or more tattoos. Other Cities' Ordinances: Staff reviewed other cities ordinances and found most cities fall into one of four categories: Permitted uses subject to state licenses Plymouth, Chanhassen Permitted uses subject to municipal licenses Minnetonka, Bloomington Prohibited uses Deephaven Not mentioned (thereby prohibited) Excelsior *, Minnetrista, Mound, Orono, Spring Park, Tonka Bay, Victoria, Wayzata *Excelsior includes a definition, but does not include the use in any zoning district Licensing: The State of Minnesota requires all body art technicians and establishments to be licensed. The statute combines tattoo establishments, piercing studios and other related body art into one licensing category. The statutes also allows municipalities to license body art establishments in addition to the state license. Cities with their own health departments (such as Bloomington and Minnetonka) have elected to license the establishments, but those cities without health departments (such as Chanhassen and Plymouth) defer to the State. Proposed Ordinance: Staff has proposed the attached ordinance to: define body art establishments consider the use a permitted use in the C -1 zoning district Definitions: Staff included definitions to define body art establishment, body art, tattooing and body piercing. To meet the definition of body art establishment, an establishment would have to be licensed with the State. Staff left out of the body piercing definitions the more extreme versions of piercing, including branding, cutting, subdermal implantation, suspension, tongue bifurcation or scarification. Standard ear piercing was also left out as that service has typically been provided without any license in jewelry stores and similar uses. Other sections of city code to be amended: Although not reviewed by the Planning Commission, staff will also be proposing an amendment to the license requirements to ban the sale of alcohol, tobacco and tobacco - related products within body art establishments. The applicant has not indicated any interest in selling alcohol or tobacco products, but staff would like to avoid any future sales of any of the products to avoid allowing a head shop and avoid conflict with alcohol within a body art establishment. Clean up item: Staff noticed one other use was not in alphabetical order and reordered the uses. ATTACHMENTS Draft Ordinance Applicant's narratives CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO BODY ART ESTABLISHMENTS FOR THE CITY OF SHOREWOOD Section 1. Zoning Code Section 1201.02 is hereby amended as follows: BODYART. Physical body adornment including tattooing and body piercing. Body art does not include practices and procedures that are performed by a licensed medical ro dental professional if the procedure is within the professional's scope of practice. BODYART ESTABLISHMENT (LICENSED). Any establishment licensed by the State of Minnesota where body art is performed. BODY PIERCING. The penetration or puncturing of the skin by aLiy method for the purpose of inserting jewelry or other objects in or through the body. Body piercing does not include the branding, subdermal implantation, suspension, tongue bifurcation or scarification of another person as defined by Minnesota Statutes or piercing of the outer perimeter or the lobe of the ear using a presterilized single -use stud -and clasp ear - piercing system. TATTOOING. Any method of placing indelible ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. Tattooing also include micropigmentation and cosmetic tattooing. Section 2. Zoning Code Section 1201.22 C -1, GENERAL COMMERCIAL DISTRICT is hereby amended as follows: Subd. 2. Permitted uses. The following are permitted uses in a C -1 District: a. Trade and services. Retail stores, personal service or business service establishments, including the following and other similar uses: (1) Amusement places (such as dance halls or roller rinks) and commercial recreation; (2) Antique, resale or gift shop; (3) Apparel sales; (4) Art and school supplies and picture framing; (5) Art gallery and sales; (6) Auto accessory store; (7) Bakery goods and baking of goods for retail sales on the premises; (8) Bank, savings and loan, savings credit unions and other financial institutions; (9) Barber shops; (10) Beauty parlors; (11) Bicycle sales and repair; (12) Body art establishments (licensed (132) Books, office supplies or stationery stores; (143) Bowling alleys; (154) Camera and photographic supplies; (16 -5) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks; (176) Catering establishments; (187) Coffee houses; (19 ,S) Coin and philatelic stores; (1920) Commercial tutoring and learning centers; (219) Computer and business machine sales or service stores; (22-1) Convenience grocery stores (not supermarket type and without motor fuel); (232) Copy service, printing service and newspaper offices; (243) Day spas; (254) Delicatessen; (26 -5) Department and discount stores; (276) Drugstore; (287) Dry cleaning, including plant accessory thereto, pressing and repairing; (29$) Electrical home appliance stores, including incidental repair and assembly but not fabricating or manufacturing; _ (30) Electronic media rental and sales; (312}) Employment agencies; (320) Enclosed boat and marine sales; (33 -1) Essential services; (342) Floor covering stores; (353) Florist shop; (364) Furniture stores; (376) Garden supply stores; (386) Gift or novelty stores; (39 -7) Government and public utility buildings; (403-8) Grocery store, supermarket (but not including sales from moveable, motorized vehicles); (41 ") Hardware; (429) Hobby and craft store; (43 -1) Home entertainment and electronics sales; (442) Insurance sales; (453) Interior decorating studios; (464) Jewelry stores; (476) Laundromat, self- service washing and drying; (486) Leather goods and luggage stores; (49 -7) Liquor, on and off sale; (5048) Locksmiths; 2 (5149) Massage therapy services, licensed pursuant to Chapter 311 of this code; (529) Meat market, but not including processing for a locker plant; (534 7) Motels, motor hotels and hotels, provided that the lot contains not less than 500 square feet of lot area per unit; (542) Motor vehicle and recreational equipment sales and structures; (55 -3) Offices - commercial and professional, including chiropractic, medical, dental and laboratories accessory thereto; (564) Optical stores and laboratories accessory thereto; (576) Paint and wallpaper sales; (586) Pest control services; (597) Pet sales, supplies and grooming; X58) Photography studios; (613) Plumbing, heating, ventilation and air conditioning, electrical sales, and the repair thereof as an accessory use to the retail establishment permitted within this district, but not including fabricating or manufacturing; (629) Private clubs or lodges serving food and beverages; (63.1 -) Public utility collection offices; (642) Real estate sales; (65 -3) Record - music shops; (664) Recreation - personal fitness; (675) Restaurants and cafes, not including drive -in facilities; (686) Shoe stores and shoe repair; (69 -7) Sporting goods sales; (7068) Tailor shops; (7163) Tanning salons; (729) Theatres, not of the outdoor drive -in type; (73-1) Tobacco Shops; (742) Toy stores; (75 -3) Travel bureaus, transportation ticket offices; (764) Veterinary clinic with indoor overnight care and indoor kennels; �75P 5) Eleetrenie media Fen4als and sate&; Section 3. This Ordinance shall be in full force and effect upon publication in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of 2018. ATTEST: Sandie Thone, City Clerk 4 Scott Zerby, Mayor THE MUSEUM OF TATTOO, ART, AND CULTURE Statement of Purpose The purpose of the Museum of Tattoo, Art, and Culture is to increase public awareness, understanding, and appreciation for the relationship and interplay between, culture, art, and tattoo throughout human history by preservation, exhibition, education, and outreach. The museum will be created to be welcoming and appropriate for guests of all ages, and designed in such a way that guests can walk through and learn at their own pace and interest level, and this space will be an area that is separate and partitioned from live tattooing. The museum will have on permanent display a unique collection of tattoo tools and artifacts from various times and cultures in human history, as well as historical, cultural, and biographical references in print media, art, and photos. The displays will be accompanied by small informative narratives, which help tell to the story of humanity through tattoo, art, and culture. The museum's primary objective is to foster and cultivate a local community of patrons who are highly interested in art, culture, and /or human history. This will be accomplished by maintaining interesting and engaging exhibits and displays, providing regular learning opportunities through workshops and seminars on wide - ranging topics, and by providing a fully stocked artist's studio for use by paid members of the museum. The museum will generate revenue in the following ways: • annual memberships RECEIVED • custom guided tours MAY 14 2018 • instructional art workshops and classes CITY OF SHOREWOOD • gallery art sales /auctions • retail sales (trade supplies /merchandise /memorabilia) The proposed space (Bay 11 at Shorewood Village shopping plaza at 7 &41) would consist of roughly 1600 sq.ft., utilized in the following proportions: -400 sq.ft utilized for tattooing -300 sq.ft utilized for museum displays and exhibits (also workshops and seminars when scheduled) -150 sq.ft. utilized for artist studio space (accessible to museum members only) -100 sq.ft. utilized for office /admin - remaining space would be storage /supplies room, restrooms, and utlity rooms Greetings Miss /Mrs. Darling, I am writing a letter to introduce myself, to share my vision for a landmark attraction Tattoo Parlor /Museum in Shorewood, and to provided further detail to my forthcoming application to amend the code. My name is Jon Higgins, 39, and I have resided at 6015 Seamans Drive in Shorewood MN 55331 since 2008. Married 9 years to wife Kate, blessed with two children— Sophia (6) and Jasper (5). I have been a painter /artist all my life, and fascinated by Tattoos just as long. When I began tattooing 6 years ago, I already had the beginnings of a vision for what I wanted to create and offer to the world as it pertains to tattooing. The observations in my own experiences and early exposure and memories of tattoos, my experiences being tattooed by different tattooers in different shops over several generations, and visiting countless other shops and tattoo conventions and museums /exhibits across the country, as well as reading countless books and periodicals about tattooing and tattoo history, has resulted in my personal (though still - evolving) perspective or "understanding" of Tattooing, that while not completely new or unique, is significantly under - represented in the marketplace of Tattoo businesses (Parlors). It is a perspective of tattooing that aims to take the full history of the craft and tradition throughout the expanse of human history into consideration, and takes great care and reverence to the practicing of the tradition of giving and receiving Tattoo. It is more than just a form of "artistic expression ", or means of decorating the human body for aesthetic reasons alone. Tattoo is a sacred craft as old as the most ancient traces of human history, and is simultaneously a result of and reflection of, our evolving consciousness as a species. The result: Historic Tattoo. A Tattoo Parlor and Museum that honors the traditions of Tattooing through displays and educational materials, and at the same time provides patrons with a high quality Tattoo experience in a clean, respectable, fun environment. I live about a mile from 7 &41. My family and I have been regular patrons to a number of shops located in the local community for the past 10 years. My children are enrolled in the local elementary school and are also involved in local sports. My family and I are rooted in this community along with lifelong friends and extended family, and my intention is to build a lasting business that supports and is supported by the local community. I hope this information along with the attached "informational flyer" and brief look at the Business Plan, help to provide some background and context to my request to have the code amended to allow for a Body Art /Modification establishment (application forthcoming, to be filed by April 24, 2018). I also hope it is viewed positively and with excitement and openness, not just for the primary merits of our endeavor and long -tem goals in this community, but also for the positive impact it would have on increasing the revenues of businesses nearby. Your time and consideration are greatly appreciated. Please feel free to share any of the enclosed information with other Shorewood elected officials or Board members if desired or deemed appropriate. Also, if you have any questions or suggestions that would be helpful in arriving at successful passage of the proposed amendment and becoming a member of the local business community, please do not hesitate to contact me. Regards, Jon Higgins RECEIVED p:952.353.7657 APR 2 3 2018 CITY OF SHOREWOOD HISTORIC TATTOO ParCor & Museum Our goal is to be the premier landmark attraction in Minnesota for anyone interested in Tattoo. Offering expert tattooing in a clean, fun, and respectable setting. A space filled with unique art and artifacts from around the world, as well as interesting and informative permanent exhibits and displays that showcase the rich history of Tattoo throughout human history. Providing learning opportunities to visitors about the various traditions and styles of tattooing that exist, results in a better Tattoo and overall experience for everyone! •'• Clean, Fun setting ❖ Expert Tattooing, Award Winning Artists ❖ Tons of Art and Tattoo tools and Artifacts from around the world! ❖ Informative and interesting Exhibits and Displays! ❖ Open to the public 10am -10pm daily! Visit... Learn... Get Tattooed! Get Cultured! FREE MONTHLY SEMINARS !!! Learn about the basics - The experience, what to expect - Tattooing process and healing - Health and Safety Tattoo History - Early humanity ( >5000 b.c.) - Places of origin, various traditions - Re- introduction to Western civilization (1850's) - 100+ years of evolution (present day) AND MORE! AVAILABLE FOR PURCHASE ➢ BOOKS ➢ APPAREL /GEAR ➢ MEMORABILIA ➢ COLLECTABLES ➢ ARTWORK ➢ TOOLS & SUPPLIES (for licensed professionals only) Executive Summary Historic Tattoo (and the Museum of Tattoo, Art, and Culture) aims to be a landmark Tattoo Parlor and Museum serving primarily Shorewood and nearby Lake Minnetonka communities, but also the greater state of Minnesota and surrounding states. The business will serve as a location where people can come together for the enjoyment and receiving of Tattoo, as well as for greater discovery and learning about Tattoo, Art, Culture, and their interconnectedness throughout human history. This will be accomplished by: (1) Establishing a business that possesses a singular core value of "only the best will do" (2) Establishing and maintaining a reputation for providing high quality "best practices" custom tattoos to a wide ranging client demography, utilizing the highest quality organic /vegan pigments available, delivered with the highest possible level of customer service, in a safe, clean, creative (and fun) environment (3) Creating a dedicated space for interesting and engaging physical displays /exhibits with educational and historical references to Tattoo, Art, and Culture throughout human history, providing learning opportunities for those new to tattoo, those considered "collectors ", and those simply interested in a cultural and learning experience. (4) Creating and offering a space /studio for local artists (or travelling artists) to exercise a wide range of artistic disciplines in a dedicated, comfortable, and inspiring environment fully stocked with art supplies (5) Offering regularly scheduled public outreach seminars and workshops covering wide - ranging topics (including Tattoo history, Tattoo safety /bloodborne pathogens, beginner's intro to getting Tattooed, and more) (6) Maintain retail product offerings, providing collectors /enthusiasts /tattoo artists an opportunity for purchasing Tattoo memorabilia, clothing, and collector items. Also available (to licensed Tattooers only), Tattoo machines, trade supplies, tools, and pigments (unique in Minnesota, no other brick and mortar locations to obtain supplies from reputable, licensed dealer) Goals /Objectives Historic Tattoo aims to meet the following goals and objectives in its first three years of operation: • Achieve combined annual revenues of approximately $400,000 in first three years • Create (2 /day x 300d= 600(yr1), 4 /day x 300d= 1200(yr2), 4 /day x 300d= 1200(yr3) - -- 3000 individual Tattoos in first three years • Successfully offer and deliver 36 (1 monthly, avg. 10 attendees per) free public outreach seminars or workshops reaching over 350 community members (& potential new customers). • Within 5 years develop /sponsor the "Mink Awards," aka "Best of Minnesota Ink" annual evening of celebration to honor and celebrate Minnesota's best Tattoos, Tattooers, and the best Tattoo experiences • Develop and maintain product offerings both at physical storefront as well as through e- commerce functionality on business website, with $25,000 gross sales in first three years Mission It is the mission of Historic Tattoo to become a renowned landmark destination for both those new to the world of Tattoo as well as for Tattoo enthusiasts /collectors by offering "best- practice" high quality unique tattoos in an environment dedicated to the history, culture, and Sacred nature of the tradition and practice of Tattooing, resulting in the most enjoyable Tattoo experience available. Vision Our vision is society and individuals embracing, utilizing, and enjoying Tattoo in safe and inspired ways with understanding and respect. Description of Company /Business I. TATTOO INDUSTRY Market Analysis Summary Tattoos are no longer solely the interest of, or obtained only by the fringes of society as has been the norm for the last 100 years in America. In fact, western society's interest and acceptance of Tattoo is rapidly trending in the opposite direction. A 2006 survey by the Pew Research Center found that 36% of Americans aged 18 to 25, and 30% of those ages 26 to 40, have at least one tattoo. (these individuals are now approximately 30 to 50 years old) Here are some recent figures compiled by "The Week" publication in September, 2012: • $2.3 billion Annual revenue of the tattoo industry • 15,000 Tattoo parlors in America • 21 % of Americans have a tattoo • 23 % of women have a tattoo • 19 % of men have a tattoo • 36 % of 18- to -25- year -olds have a tattoo • 28 % of 30- to- 39- year -olds have a tattoo • 11 % of 50- to- 64- year -olds have a tattoo • $80 to $100 Average per hour cost of a tattoo • $150 -$350 Per hour cost of a tattoo in Brooklyn, N.Y. Sources. Harris Interactive, Mental Floss. The Motley Fool, NBC News Pew Research Center Tattoo Info, The Wall Street ournal fQ Some other statistics about the market: • The National Geographic News stated in April 2000 that 15% of all Americans were tattooed (or approximately 40 million people) • Esquire Magazine estimated in March 2002 that 1 in 8 Americans (12 1yo) was tattooed. • A 2003 Harris Poll found that 16% of all adults have at least one tattoo. • The highest incidence of tattoos was found among Americans ages 25 to 29 years (36%) and 30 to 39 years (28 91o). Regionally, people living in the West (20%) are more likely to have tattoos, Search Engine Lycos, ranked the Top 50 search terms every week. "Tattoos" was the 11th most popular search term in 1999, the 7th most popular search term for the year 2000, the 4th most popular search term in 2001, and the 3rd most popular search term in 2002. "Tattoo and tattoos" is one of only seven search terms to never fall out of the Top 50 Search terms in the 199 weeks since Lycos has been keeping track. The other six are Dragon Ball, Pamela Anderson, Jennifer Lopez, Britney Spears, Las Vegas and the WWE/WWF. In July of 2002 "tattoos" reached its highest ranking ever with Lycos, coming in as the 2nd most requested search term on the internet. "Tattoos" was requested more often than Britney Spears, marijuana or Kazaa (indicating the prevalence and acceptance in the youth of today, the tax paying citizens and community members of tomorrow). These are some of the results of The Harris Poll of 2,225 U.S. adults surveyed online from October 14 -19, 2015. The following reflects the percentage of age group that has at least one tattoo: • Millennials (47916) • Gen Xers (3696) • Baby Boomers (13 %) • Matures (10 %) Millennials and Gen Xers (37% and 24 %) are also exponentially more likely than their elders (6% Baby Boomers, 2% Matures) to have multiple tattoos. Some other interesting comparisons: • Rural (3591o) and Urban (3396) Americans are both more likely to have a tattoo than Suburbanites (2596). • Those with kids in the household are much more likely than those without to be sporting at least one tattoo (43% vs. 21 %). • Political persuasion doesn't seem to factor into the decision to get a tattoo, with little difference between Republicans, Democrats and Independents (27 %, 29% and 28%). RECENT NEWS: In the week of April 16 2018, SAKS 5th Ave in NY announced they will begin offering Tattooing to be showcased in their Manhattan storefront window. Three artists from a local prominent Tattoo Parlor will continually service clients on a rotating basis. http: / /newyork.cbsiocal.com/2018 /04/17 /Saks- tattoo - parlor/ NEW YORK (CBSNewYork) - Saks Fifth Avenue is getting its own tattoo parlor. Starting next week, you can be a live model in the window display at Brookfield Place. As CBS2's Natalie Duddridge reported, that's where Saks will have three artists from the Rivington Tattoo NYC parlor on the Lower East Side on permanent rotation. "So instead of a mannequin or a rack with clothing, you will have live tattoos being performed by our artists on real life clientele," co -owner of Rivington Tattoo NYC Wass Stevens explained. It's just one more service the store is offering shoppers, hoping to bring them inside at a time when retailers are struggling to compete with online shopping. "Because of the internet, how easy it is to just click and buy, it will draw people in," said Stevens. Retail experts call the extra in -store add -ons "shoppertainment." "Stores will definitely continue to add more perks. They're look at different experiences, different type of experimental stores to drive traffic," said Spencer Ware, retail expert with Alixpartners. » »But some people say nothing beats rolling up your sleeves in an old school tattoo parlor. "I think I'd want to go to a place that's a little bit more specialized in tattoos," one man told Duddridge. "I think the ambiance of the place you make your tattoo matters," a woman added. Sak's tattoo shop is expected to open sometime next week. Also, in the neighboring town of Excelsior MN, a local hair salon located on 2nd Avenue off of Water Street has in the past month added Tattooing services by appointment only (not a dedicated storefront). Market Segmentation The market is broadly segmented into: 1 Those new to tattoo (none, one, or only a few small Tattoos) 2 Tattoo collectors (those who get numerous tattoos or have had long or multiple sessions) The view held by Historic Tattoo is that "the Market" has largely been overgeneralized and under - appreciated for the past 100 years. Our belief is that greater understanding or refinement of the market segmentation and particularly what motivates a particular individual to seek the Tattoo experience is the "Novum Organum" or "new canon of thought" for purveyors of Tattoo. Those businesses that maintain this understanding and approach, will inevitably "rise to the top ", by providing a distinctly higher valued experience than competitive business models. The market segments will primarily reside in the Lake Minnetonka, MN area; include residents above the age of 18 in the towns of Shorewood (7000 +/-), Excelsior (1840 +/-), Minnetonka (41,120 +/-) and surrounding towns of Orono (6240 +/-), Wayzata (3360 +/-), Chanhassen (19,600 +/), Chaska (19,600 +/-), Victoria (6400 +/-), and Waconia (9,200 +/-), for an estimated total of 107,960 perspective clients within a 10 mile radius of Historic Tattoo. There will also be a small but growing market segment from greater distances including visitors from out of state. New to Tattoo: These are individuals who are "new to Tattoo" and may have some trepidation about experiencing a tattoo. This includes those who have not experienced Tattoo, and usually lack knowledge or understanding about the history and various types or purposes of Tattoos, application processes for various types of Tattoos, or the various health safety issues relating to Tattoos or the Tattoo process. Those in this segment are more likely (although exceptions exist): to consider the experience a social one, bringing friends or family to witness (or help distract from) the Tattoo experience to be more concerned with the Tattoo price and the experience provided, versus the uniqueness of the Tattoo or technical quality and application process to have not yet fully developed an appreciation for the long -term "intangible" benefits or true power of Tattoo Subsets of this segment are: • Those for whom their first Tattoo is a novelty and will be their last • Those who will slowly grow in familiarity and comfort with Tattoos and the Tattoo experience (beginning to receive more or larger Tattoos) and similarly in their knowledge and understanding about Tattoo • Those who will become extremely passionate, and in rapid succession begin filling their body with hours of the Tattoo experience, while at the same time searching for: resources to fulfill their growing demand for knowledge about the history and art -form, as well as others in the community with whom to share their interest. (these individuals become "Collectors ") • Those few, who in their first experiences acquire an understanding or view of the power and nature of Tattoo, and learn of the "magical" nature of Tattoo (taking things that are invisible and inside a human, and making them visible to other consciousnesses outside the individual, the acts of creating and inspiring, the act of consciously and permanently changing ones own physical body) and as a result approach Tattoo in a manner which reflects this deeper and more profound understanding (seeking /obtaining a Tattoo when it is 'meant" to happen vs. simply when the passing thought occurs — although there is a time for all seasons), when life brings Tattoo to the individual - by the weight of long -held traditions in ones own community, through intense moments such as birth, or death, or immense struggle, or overcoming, or in the deep yearning for understanding or peace, or simply as a means forgreater self - identification, et cetera), their impulse for Tattoo being minimally influenced by ego- driven desires (not as "art", or justfor "looks ", or as body adornment or permanent "accessories "for the individual alone), and treating with respect the permanence and influence on others of the Tattooed images or symbols. This sub -set is the currently the smallest, least developed, and most significantly under - served segment of the current marketplace for Tattoo Businesses; most catering to more "ego- driven" approaches to Tattoo collectors: Rarely will an individual begin in this segment. Most have at one point been new to the Tattoo experience and over a period of time, collection of various tattoos, and increased passion for the culture of the Tattoo experience, grow into what can be considered a "collector ". This individual has had hours of Tattoo experience, through which, a greater understanding and appreciation for Tattoo has inevitably developed. This client understands the tangible as well as the "intangible" benefits of Tattoo, and is willing to pay whatever the market demands in order to receive a high quality tattoo experience. These clients often cover significant areas of their skin with Tattoo and as a result, act as significant sources of advertisement for the artists or shops where they have received their Tattoos. Because of the long hours that go into many large -scale or repeat Tattoos, significant client relationships are built with this segment. Those in this segment are more likely: • to consider the experience an individual one, more often not bringing friends or family to witness (or help distract from) the Tattoo experience • to be less concerned with the Tattoo price and the experience received, and more concerned with the uniqueness of the Tattoo and the technical quality and application process and may even be interested in alternative application processes (hand poke traditional tattooing/ non - electric) • to have greater understanding and interest regarding history, trends, culture and industry personalities, as well as the intangible benefits of Tattoo (how it affects an individual over the course of one's life) Subsets of this segment are: • Those who are masochists, rebels, outcasts, or similar, and enjoy Tattoo for how it makes them feel, or helps to "create or solidify" how they are to be identified by society at large • Those who have great appreciation for the beauty, art, culture, history or Tattoo, and enjoy becoming a part of it by offering their bodies and significant amounts of time and money, to own their "piece of that history" (and be a part of it) • Those who belong to subsets of society where Tattoo is used commonly in a traditional sense and bodies are covered as a result of traditions passed down for generations, where the reason /purpose /understanding is primarily focused on the idea of maintained continuity in identification with a particular clan or tribe or group (native tribal peoples, Yakuza in Japan, even other more loosely affiliated groups or communities where an individual is raised, lives, and is surrounded by Tattoos of a particular uniformity. • Those few, whose lives and experiences has been such, that Tattoo has been brought to them many times, in many places, by the hand of many Tattooers, and as the result, have become covered. The "unintentional collector ". Until recent times, the Market has been significantly under - defined, and as result, under - served. This means that the vast majority of businesses that provide Tattoo have been limited in their approach and effectiveness as a businesses, and likewise have been limited in their access to the greater marketplace (all other individuals in society that would consider Tattoo neither as a novelty, nor as something they have intention of becoming habitual, but would consider if guided to a perspective of Tattoo that "made sense" to them, and /or simply a more conducive environment for obtaining Tattoo). The owner of Historic Tattoo believes this segment constitutes an important third market segment; one that in fact precedes and in reality encompasses the established segments, but also includes many that would not fall into either of the two currently defined broad segments. Tattoo on an "as needed" basis This segment of the market and approach to Tattoo has largely been ignored (in the owner's opinion), with the focus of the Tattoo industry primarily on the "new to Tattoo" as well as "collector" segments of the market. These market segments and "types of tattoo experience" are more often focused on the "artistic" aspect or other "ego- based" aspect of Tattoo, and do not serve the needs of individuals seeking something of a different nature. Those that fall into the "Tattoo on an as needed basis" seek out the Tattoo experience only when it is felt to be absolutely "needed ". Tattoo is viewed with such a high level of regard and seriousness for its purpose and its effects that the seeking of the experience is only done with utmost sincerity. Some "life- event" has affected them with such great magnitude, or some thought or feeling has been affecting a person with to the point of becoming burdensome for an extended period of time, that the only possible thing, remedy, or balancing /complimenting event to assist with the assimilation of the intense "life- event" or struggle, is the receiving of a Tattoo. There can be a wide range of possible purposes or reasons for this type of Tattoo —the commonality being how intensely the recipient is being affected in their life and perspective by this event or passing time. These things can be events that embody pain or the immense challenges or struggles or some trauma one may have faced, or they can be events or things that embody joy and the highest and /or noblest and beautiful things or experiences life has to offer. Whether as an aid in dealing with the loss of a loved one, or having been an innocent victim in some traumatic event or illness, or as a means for marking or signifying some significant personal struggle, or on the other end of the spectrum, some positive life changing event, personal success, tribute to family heritage, honoring and display of closely held personal values, or honoring of individuals and loved ones in their lives that have brought them happiness and a sense of fulfillment. These reasons are just a few of the varied motivations that individuals might have for obtaining a Tattoo on an "as needed basis ". There are many others. Historic Tattoo will work primarily to develop and to serve this market segment in the ways previously outlined in the Executive Summary. Present Outlook Currently, the Tattoo industry is experiencing considerable growth as a result in exploding consumer demand and awareness (largely fueled by the internet availability of images and attractive visual examples). As a generalization, the Tattoo industry has a long been an environment of isolationist practices and /or, less than optimal safety or business practices, much as the result of lack of education both on the part of Tattoo Business owners, Tattooers, as well as the clientele being served. While there have been improvements in tools /technologies /pigments as well as in examples being set for best safety practices and standards, there is still significant lack of uniformity or enforcement of standards. States have wide ranging regulations or requirements, and their ability to enforce those is limited in scope. The general process for tattooing, as well as the overall approach or perception of "what Tattoo is or should be, to society and humanity ", has not changed significantly in over 100 years in the industrialized world. This limited grasp or "under- utilization" of Tattoo has resulted in "untapped" revenue sources that would result from additional services rendered, or value added aspects of the Tattoo experience that would significantly heighten customer satisfaction (which can be monetized). Future Opportunities With tattoos on the rise, regrets about Tattoos obtained has risen as well; though a strong majority still has no regrets, nearly one fourth (23 %) of those with tattoos say they ever regret getting one - up from 14% in 2012. Top- ranked regrets (collected in an open -ended manner) include: 3 Too young when they got the tattoo, 4 Personality changes /Doesn't fit my present lifestyle, 5 Got someone's name that I'm no longer with, 6 Poorly done /Doesn't look professional, and 7 Isn't meaningful. Company Structure /Ownership The business was established in 2017 as a limited liability corporation under the name Historic Tattoo (LLC), on file with the Minnesota Department of Revenue; owned by myself, Jonathan Higgins, of Shorewood. Start -up Summary Start -up inventory costs and operating expenses for Historic Tattoo have already been allocated and include significant capital expenditures for: physical space improvements and customization /construction costs, building permit for renovations, MN state Health Department licenses and permits, long -term marketing and advertising, and all associated start -up supplies and logistical items (Tattoo supplies include chemicals sterilizers, antiseptics, disinfectants, ointments and soap), paper products, linens, towels, gloves tattoo station equipment (two tattoo chairs, mirrors, lights, tool boxes, sharps container, covered trash bin), waiting area furniture (lounge sofa, coffee table, end tables), a sound system (speakers and control system), a digital camera, office equipment (printer /scanner /copier, phone), and sterilization room equipment (ultrasonic unit, autoclave, sterilization pouches, biohazard removal services), medical disposables and skin marking supplies (thermofax, stencil paper, pens, skin scribes). Commercial liability insurance as well as business property insurance policies will be placed in service and fully /permanently maintained. Additionally, computer /software purchases, which include a basic calendar /scheduling program, inventory program, and accounting software (basic QuickBooks). Website development for the creation of a basic website and grand opening advertisements include small ads in local papers in the weeks preceding the opening. Competition: In the lake Minnetonka region, Historic Tattoo LLC will compete with: Electric Dragonland Hopkins, MN: Likely the "best ", most well known, industry -wide respected, Tattoo Parlor in MN; Owned and operated by Shaun Anderson. Specializing in mostly traditional American and traditional Japanese style tattooing. InkHeart Tattoo Chaska, MN: Lesser known, newer shop with 3 -4 artists at a given time. Owned, operated by Amelia Westerholm. Canvas Tattoo Studio Eden Prairie, MN: Founded 2005, wide variety of styles including traditional, new school, black and grey, full color, and permanent cosmetics. Crazy Lady Ink Shakopee, MN: Small shop two artists, mostly piercing MEMORANDUM TO: FROM: MEETING DATE: REQUEST: LOCATION: CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityha11 @ci.shorewood.mn.us Planning Commission, Mayor and City Council Patti Helgesen June 5, 2018 Nill, Conrad Lee — Variance to Build on a Substandard Lot 5885 Eureka Road REVIEW DEADLINE: July 16, 2018 LAND USE CLASSIFICATION: Minimum Density Residential ZONING DISTRICT: R -1A, Single - Family Residential FILE NO.: 18.09 REQUEST Mr. Nill is requesting a variance to the lot area requirements as provided in the R -lA District section of the zoning code. Notice of this application was mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. BACKGROUND Context. The property currently contains two buildings, a single - family dwelling which was built in 1912, and a detached garage of the same era. The lot is substandard for the R -IA, Single - Family Residential zoning district in which it is located. Consequently, Mr. Nill has requested a variance to build on a lot that does not meet 70 percent of the area requirement of the R -1A district. Nill Variance June 5, 2018 Mr. Nill's property is a rectangular- shaped lot located in the northeast quadrant of the intersection of Eureka Road and Mann Lane. The lot contains approximately 23,623 square feet of area and measures 117 feet wide at the 50 -foot building line. Neither the existing house nor the detached garage comply with current front or side yard abutting the street setback requirements. Mr. Nill proposes to remove both the house and detached garage in favor of a new home with an attached garage that will comply with all setback requirements of the R -lA zoning district. The floor plans and building elevations for the proposed new home are shown on the attached construction documents. Mr. Nill explains his request in the Applicant's Narrative. ANALYSIS A. Substandard Lots of Record. Section 1201.03 Subd. 2.c.(3) of the Shorewood Zoning Code provides criteria for building on a substandard lot of record (a lot that existed prior to current zoning requirements and does not meet area or width requirements). The Code states that a lot is considered to be buildable if it complies with the following criteria: 1. The lot must be in separate ownership from adjoining properties. Mr. Nill does not own either of the adjacent properties. 2. The lot must meet at least 70 percent of the width and area requirements for the zoning district in which it is located. This requires a lot to be at least 84 feet wide and 28,000 square feet wide in the R- IA zoning district. Mr. Nill's lot is 4377 square feet short of the area requirement. The variance is discussed in B., below. The proposed buildings must comply with the setbacks of the zoning district. The existing home as well as the detached garage on the property is 37 feet from the front and side abutting a street lot lines, where 50 is required. The proposed house complies with all of the R -IA setbacks. 4. The floor area of structures can not exceed 30 percent of the area of the lot. Total hardcover cannot exceed 33 percent of the lot. The floor area of the proposed house and garage are 15.5 percent of the lot area. Hardcover would only amount to 16 percent and that figure includes a potential future 10' x 12'garden shed (not shown on survey). B. Variance. Section 1201.05 Subd. 3.a. of the Shorewood Zoning Code sets forth criteria for the consideration of variance requests. Following is how the applicant's request conforms to the criteria: -2- Nill Variance June 5, 2018 The variance, and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purpose and intent of the zoning code. 2. Practical difficulties: Practical difficulties include three factors, all three of which must be met. Staff finds that the practical difficulties for the property are related to the original plat of the area. (a) Reasonable: The applicant has designed the new home to comply with setback requirements that are intended for lots twice the size of the subject property. (b) Self- imposed: The size of the lot is not the result of any action by the applicant. The property is part of "DeCamps Subdivision of Meakers Outlots" which was platted in 1919. The lot was developed well before Shorewood was incorporated as a City. (c) Essential Character: The home that the applicant proposes to build on the lot will not adversely affect the character of the existing neighborhood. The lot itself is situated across the street (Mann Lane) from two other properties that are also substandard to the same extent. 3. Economic Considerations: The applicant's practical difficulty is not economic in nature. 4. Impact on Area: The property owner is 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 increase the impact on adjacent streets. 5. Public Welfare: The variance, and its resulting construction, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. 6. Minimum Necessary: The variance is the minimum necessary to make reasonable use of the property. The proposed house and garage are very much in scale with the size of the existing lot. RECOMMENDATION Based upon the preceding analysis, the request is considered to be consistent with the criteria for granting a lot size variance. In the end, this property will conform far more to Shorewood's existing building and zoning standards than if the variance were not granted. Approval of the applicant's plans is therefore recommended. ATTACHMENTS: Applicant's Narrative Location Map Survey Site Plan Building Plans -3- Description of Variance Request for 5885 Eureka Road Shorewood MN Owners Conrad Lee and Lynn Klearman Niil The lot with existing structures was purchased by us in January with the intention of tearing down existing structures and building new. The existing house does not meet current set back requirements. We learned only recently that there is an ordinance that requires lot size to be 40,000 square feet. This lot is 23,200 square feet. We were not informed of this requirement prior to lot purchase nor over the course of several months of interaction with Shorewood officials during design process. This variance request is to allow us to build a house on the lot despite its smaller size. We are not clear about the intent of the lot size requirement. It appears that there are several new homes adjacent to our property which do not meet the requirement and our proposed home would be very consistent with the character of adjoining properties. Obviously, if we are not granted the variance it renders our investment useless. We believe that our proposed structure would be a desirable improvement over what is presently there. There would be no detrimental impact on adjacent properties in terms of light, air, congestion, or matters of public safety. The variance would not be detrimental to the public welfare nor injurious to other lands or improvements. In fact it would be an improvement to the overall appearance of the neighborhood. There is no request for any other variance than this one. 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" 4,2 r _ r 9 X 984- - X 3.9 0 X Hi.9 � ' 984.9 984.5 X 983-4 �A 2 992` 982 U C7 G' i 985.4+' ' 963.1 98� 991,6 Z X 984 -1 � ° 985.3 , or 1 � K 98 2 X 9813 r m f °na cr 46 1 r }- /� r 85.3 d •r D " 1 982.6 X 9846 w r I X X 902.4 a l `� r, g, k 963 X 982.6X 962.3 822 i 4 ti 9844 r. __ r 983.5 � 1 i X 4.1 ` � - -� � ti X 9 .4 _... -.. 985 2s N 89 "4 984.9 9846 984.4 ' 983-5 , UQ `� X 994.8 X r"y ' `X49 ,~-MCE OF ST. ROAD 6.1 X 985.3 _ 964.4 rw1 X 983.4 b ffAX.IV Ir a X 983.4 NORTH D W W I DRIVEWAY I I OD r I I I (I tt \r �;EXISTING`� RAIN GARDEN I I I I i I I I r I I I 6a -' SETBACK I I I � O I I 5885 EUREKA RD, SHOREWOOD, MN 55331 CONSTRUCTION DOCUMENTS � No. r MANN LANE N IOTAREA: 23,623 SF � I IMPERVIOUS SURFACE AREA�3,,39 SF- 16`X:. W Q-1- iGREENDESIGNSinc. 8101 34th Ave. S., Suite 110 Bloomington, MN 55425 Contact: Tressa Koukal tel: 952 -828 -2222 fax 952- 941.6515 email: tressak @igreendesigns.com www.igreendesigns.com TERMS CONTRACTOR TO VE Q ALL DIMENSIONS, AF/ _T CONDITIONS (IF APF0 AND SITE CONDITIONS \ ORE ORDERING MAT' OR DEMOLISHING �JING STRUCTURES. r� RACTOR AND ALL SUBS CO•TREPORT ANY DISCP 2,lCIES TO DESIGNER Q _-DIATLY. AS BUILT ANC - CONDITIONS OFTEN h' UNIQUE CON- DITION AT CANNOT BE PREDIC Q OR FORSEEN AT DF:( ( COMPLETION. CO/�, ACTOR, SUBS AND NER WILL WORK Sl�O ETHER TO REACH A flON IF ANY SITUATION MAY ARISE. NILL RESIDENCE NEW CONSTRUCTION 5885 EUREKA RD, SHOREWOOD, MN 55331 CONSTRUCTION DOCUMENTS Revision Schedule No. Descripuon Date SITE Project number 1814 a oN Uare 5yn1ygMR I 1 Drawn by Checked by SITE PLAN PROPOSED 3 A5.2 C/ 1X8 FASCIA 10' FRIEZE BD SHAKE SIDING 1X8 FASCIA 10• TRIM LAP SIDING iD' TRIM GABLI DECORATIOt 1X8 FASCP ASPHALT SHINGLES SHAKE SIDING 10' FRIEZE BD 1X8 FASCIA BRACKET 10' TRIM LAP SIDING COLUMN Ur TRIM I t 1 SOUTH ELEVATION A3.1 1/4" =1'-0" \ ASPHALT SHINGLES -i (� 1XBFASCIA - - - -- STRUCTURAL d BRACKETS A H P BUMPOUT BUMPOUT ® © ® LAPSIDING 10' TRIM 2 EAST ELEVATION ASPHALT SHINGLES 1X8 FASCIA LAP SIDING 10' TRIM to %31 COLUMN DETAIL L�. , GABLE DECORATION DETAIL BUILDING ELEVATIO South and East `. 10' i L1,�,LLJl1.. L,�,JJ,J �ae" iGREENDESIGNSinc. 8101 34th Ave. S., Suite 110 Bloomington, MN 55425 Contact: Tressa Koukal let: 952 -826.2222 fax 952 - 9416515 email: tressak @igreendesigns.com vAvw. igreendesigns.com TERMS CONTRACTOR TO VE O ALL DIMENSIONS, AFC�Z_T CONDITIONS (IF APF� AND SITE CONDITIONS \ ORE ORDERING MAT'--/ OR DEMOLISHING ;�C .TING STRUCTURES .r RACTOR AND ALL SUBS c.FREPORT ANY DISCR = 4CIES TO DESIGNER O _DIATLY. AS BUILT AND (j CONDITIONS OFTEN h' UNIQUE CON- DITION A-AT CANNOT BE PREDIF Q OR FORSEEN AT DFi( 4COMPLETION. CC/�, ACTOR, SUBS AND NER WILL WORK OcTHER TO REACH A S FION IF ANY SITUATION MAY ARISE. NILL RESIDENCE NEW CONSTRUCTION 5885 EUREKA RD, SHOREWOOD, MN 55331 CONSTRUCTION DOCUMENTS Revision Schedule No. DescriptIon Date EXTERIOR ELEVATIONS Project number 1814 t t i STS ASPHALT SHINGLES IXSFASCIA 10" FRIEZE BD i fi l: DORMER SHAKE SIDING 1XB FASCIA LAP SIDING 1P TRIM ASPHALT SHINGLES 1X8 FASCIA FIREPLACE DOG HOUSE LAP SIDING 10' TRIM ! t l WEST ELEVATION A3.2 11/4"=T-9- / 2 1 NORTH ELEVATION As 2 114" = T -01• 1 ASPHALT SHINGLES 1X8 FASCIA 1 D' FRIEZE BD DORMER - SHAKE SIDING ASPHALT SHINGLES ; 'fk •�;'..: 1XBFASCw BRACKET ,.� 10'TRIM LAP SIDING COLUMN 10' TRIM —>— a. r' ASPHALT SHINGLES IXSFASCIA 10" FRIEZE BD i fi l: DORMER SHAKE SIDING 1XB FASCIA LAP SIDING 1P TRIM ASPHALT SHINGLES 1X8 FASCIA FIREPLACE DOG HOUSE LAP SIDING 10' TRIM ! t l WEST ELEVATION A3.2 11/4"=T-9- / 2 1 NORTH ELEVATION As 2 114" = T -01• 1 ASPHALT SHINGLES 1X8 FASCIA 1 D' FRIEZE BD DORMER - SHAKE SIDING ASPHALT SHINGLES ; 'fk •�;'..: 1XBFASCw BRACKET ,.� 10'TRIM LAP SIDING COLUMN 10' TRIM —>— GABLE DECORATION —<--- 1X8 FASCIA 10' FRIEZE BD DORMER 'kr 1X8 FASCIA ` 10' FRIEZE BD 'f :'i• DORMER SHAKE SIDING 1X8 FASCIA 10' TRIM LAP SIDING 10•TRIM ''1 iGREENDESIGNSinc. 8101 34th Ave. S., Suite 110 Bloomington, MN 55425 Contact: Tressa Koukal tel: 952 -826 -2222 faX: 952- 941 -6515 email: tressaka@igreendesigns.com www.ig reendesigns.com TERMS CONTRACTOR TO VE O ALL DIMENSIONS, AF,<Z _T CONDITIONS (IF APFC-1 AND SITE CONDITIONS ` ORE ORDERING MAT'' OR DEMOLISHING �C YING STRUCTURES.C� RACTOR AND ALL SUBS C.TREPORT ANY DISCP _ 4CIES TO DESIGNER O _DIATLY. AS BUILT AND V CONDITIONS OFTEN F UNIQUE CON- DITION 'AT CANNOT BE PREDIC O OR FORSEEN AT DF14 COMPLETION. CO/�, ACTOR, SUBS AND '0 GNER WILL WORK S1�flON IF ANY SITUAT ON MAY ARISE. NILL RESIDENCE NEW CONSTRUCTION 5885 EUREKA RD, SHOREWOOD, MN 55331 CONSTRUCTION DOCUMENTS Revision Schedule No. Description Date EXTERIOR ELEVATIONS Prgect—be, 1814 Date cart — a� UR BUILDING ELEVATIONS West and North .i RE ( 1. I lulu iu uit U Tfl w 11 11114 � lll� ELI I ll1L 111- I� I LI�L``�''y�`�}. _ 1 F i — i�IiIiI�I�� 4: I C -1 .R iGREENDESIGNSinc. 8101 34th Ave. S., Suite 110 Bloomington, MN 55425 Contact: Tressa Koukal tel: 952-826 -2222 fax: 952 - 941-6515 email: tressak @igfeendesigns.com twrvr. igreendesigns.com TERMS CONTRACTOR TO VE O ALL DIMENSIONS, A? ;(�Z_T CONDITIONS (IF APFr I AND SITE CONDITIONS \ ORE ORDERING MAT'' OR DEMOLISHING , ,TING STRUCTURES .rCO RACTOR AND ALL SUBS .T REPORT ANY DISCP JCIES TO DESIGNER Q _DIATLY. AS BUILT AND V . CONDITIONS OFTEN f•' UNIQUE CON- DITION �AT CANNOT BE PREDI(- O OR FORSEEN AT DF:( / COMPLETION. GO/., kCTOR, SUBS AND r NER WILL WORK S��O ETHER TO REACH A flON IF ANY SITUATION MAY ARISE. NILL RESIDENCE NEW CONSTRUCTION 5885 EUREKA RD, SHOREWOOD, MN 55331 CONSTRUCTION DOCUMENTS Revision Schedule No. Descrlpilm Date PRESENTATION Project mmber 1814 PERSPECTIVES Door Schedule Window Schedule Mark I Width I Height I Description I Comments Head Type Mark I Width Height Height Description I Comments I Count GRADE 113A 2' -6" GARAGE 1128 2A 3' - 0" 11 6' 1 - 0" MAIN FLOOR 2'- 6" E 101A 2' -8" 101AA 2' -0" 101AB 2' -0" 1016 5' -0" 103A 2'- 8" 103AA 2'- 0" 103AB 2'- 0" 105A 2'- 4" 1068 2'- 6" 1 107A 2'- 4" 1 108A 2'- 6" 1 1088 2' -8" 1 109A 2' - 4" I 110A 2' - 4" I 110B 2' -9' 1 111A 2' -6" 1 "MKAUI, H I I I l: r W UK 206A 13'- 0" 1 2ND FLOOR 201A 3' -U, i 202A 2' - 4" f 203A 2'- 6" E 2036 2'- V' E 204A 2'- 6" 1 204B 2'- 6" 1 NOTE: ALL EXTERIOR HE 2- 2X10" UNLESS N1 OTHERWISE ALLSTRUCTURAL DESIGNED BY OTF HEADER DESIGNE SUPPORT COLUW FOOTINGS. BLDR TO VERIFY A & C.O. HEIR HTS. MANUF. DESIGNEE TRUSSES. VENT ROOF 1 SQ. FT. 50% ROOF 50 FOUNDATION NOTES: FLOOR FRAMING NOTES: VAPOR BARRIER SEALING INSTRUCTIONS: 518 ' DIAX ID'ANCHOR BOLTS AT 4' -W D.C. MAX BLOCKING AT ALL ANCHOR BOLTS, MIN3 JOIST BAYS SEAL TOP OF ALL INTERIOR PARTITIONS, SEAL BETWEEN AND312' MINIMUM TO 12 MAXFROM ALL CORNERS ALIGN 3 JOIST BAYS, PERPENDICULAR TO BLOCKING W1 ALL CHANGES INASSEMBLY (I.E. EXTERIOR TO INTERIOR AND SPLICES ANCHOR BOLTS MUST ALIGN W1 ANCHOR BOLTS WHERE FLOOR FRAMING SITS DIRECTLY WALLS, FLOORS TO WALLS E.T.C.) SEALALL ELECTRICAL VERTICAL REINFORCING. REFER TO STRUCTURAL ON TOP OF FOUNDATION GALVANIZED CLIP ANCHORS 8 BOXES AND FAN HOUSINGS. NOTES FOR ADDNL INFO JOISTS AND BLOCKING & ANCHOR BOLTS BRIDGING AT A22 1/8" = V-9' 0 H:' iGREENDESIGNSinc. 8101 34th Ave. S., Suite 110 Bloomington, MN 55425 Contact: Tressa Koukal tel: 952 - 5262222 fax 952 - 941 -6515 email tressak @igreendesigns.com fitrreeesnsak@igreendesigns.com vmw. TERMS CONTRACTOR TO VE O ALL DIMENSIONS, AF CCZ _T CONDITIONS (IF APrr, 1ND SITE CONDITIONS \ JRE ORDERING MAT'-,-' OR DEMOLISHING `� ,TING STRUCTURES.r� RACTOR AND ALL SUBS CO r REPORT ANY DISCP JCIES TO DESIGNER O _DIATLY. AS BUILT AND Ci . CONDITIONS OFTEN F UNIQUE CON- DITION �AT CANNOT BE PREDIC () OR FORSEEN AT DF< 1COMPLETION, CO/,, iCTOR, SUBS AND NER WILL WORK St.O -THER TO REACH A (ION IF ANY SITUATION. MAY ARISE. NILL RESIDENCE NEW CONSTRUCTION 5885 EUREKA RD, SHOREWOOD, MN 55331 CONSTRUCTION DOCUMENTS Revision Schedule No. Description Date MAIN FLOOR Pr*l to ber 1814 (7 ON 5/7119111A 1 1 Draa Chec FLOOR PLANS Main Floor Door Schedule Mark I Width I Height I Description Comments GRADE 113A 2' -6" 6' -8" ISWING GARAGE 112A 3' -0" ::::6 ISWIN G 1128 16' -0" 8' -0" JOVE RHEAD MAIN FLOOR GARAGE ATTIC FLOOR 206A 3' -0" 6' -8" JSWIN G ?Nn FI nOR 201A T -0" 6' -8" BIFOLD Head Height 202A 2' -4" 6' -8" POCKET EXTERIOR 203A 2' -6" 6' -8" SWING 5' -0" 2038 2' -0" 6' -8" SWING W1A 204A 2' -6" 6' -8" SWING 2048 2' -6" 6' -8" BIFOLD 5' -2" Window Schedule Type Mark Width Height Head Height Description I Comments FCoun, Imo— rtcar,a EXTERIOR Date t- sca. W1 2' -6" 5' -0" 6' -8" PICTURE i' cxv n.D 7 W1A 2' -6" 5' -0" 8' -0" PICTURE 3 W1B 2' -6" 5' -0" 5' -2" PICTURE 1 W2 2' -6" 5' -0" 6' -8" CASEMENT 9 W2A 2' -6" 5' -0" 6' -2" CASEMENT 1 W26 2' -6" 5' -0" 5' -2" CASEMENT 2 W3 3' -0" V -6" 8' -0" AWNING 2ND FLOOR 2 W5 2' -6" T -6" 6' -8" CASEMENT 2 W6 2' -6" 2' -6" 6' -8" CASEMENT 1 W7 2' -0" 2' -0" 6' -8" CASEMENT 1 W8 2' -4" 4' -0" 6' -8" CASEMENT 2 IAARK DESCRIPTION: TERMS CONTRACTOR TO VE O ALL DIMENSIONS, A°)-�_T CONDITIONS(IFAPFO iND SITE CONDITIONS \ ORE ORDERING MAT'' OR DEMOLISHING QC ,TING STRUCTURES. rrr� RACTOR AND ALL SUBS - ' T REPORT ANY DISCP � JCIES TO DESIGNER O _DIATLY. AS BUILT AND . CONDITIONS OFTEN F UNIQUE CON- DITION _q-AT CANNOT 13E PREDI(Q OR FORSEEN AT DF:( r COMPLETION. CC/, ; CTOR, SUBS AND NER WILL WORK Scz)ETHER TO REACH A HON IF ANY SITUATION MAY ARISE. 0 EXISTING NILL RESIDENCE NEW CONSTRUCTION L J DEMOLITION �Ai Imo— rtcar,a EXTERIOR Date t- sca. EXTERIOR �,a�mx91Hi ' son=s EXTERIOR i' cxv n.D INTERIOR INTERIOR r c nos 6 NOTE: ALL WALLS WITHOUT TAG ARE MARK 'E' RIM SEALING INSTRUCTIONS: CALK SEAMS AT RIM/ SUBFLOOR 8 RIM/ TOP PLATE INSTALL R -21 MIN. SPRAY FOAM AT RIM INTERIOR. VAPOR BARRIER SEALING INSTRUCTIONS: SEAL TOP OF ALL INTERIOR PARTITIONS, SFAL BETWEEN ALL CHANGES IN ASSEMBLY (I.E. EXTERIOR TO INTERIOR WALLS, FLOORS TO WALLS E.T.C.) SEAL ALL ELECTRICAL BOXES AND FAN HOUSINGS. WALL FRAMING NOTES: 2X6° DIMENSIONAL LUMBER TO 10' -0' TALL UNSHEATHED BEARING WALLS REQUIRE BLOCKING AT 112 SPAN. 0 2ND FLOOR AREA Ala 1/8 " =1' -0" NOTE: ALL EXTERIOR HEADERS TO BE 2- 2X10" UNLESS NOTED OTHERWISE ALL STRUCTURAL CALC'S TO BE DESIGNED BY OTHERS. HEADER DESIGNER TO ALSO SIZE SUPPORT COLUMNS & PAD FOOTINGS. BLDR TO VERIFY ALL WDW, DOOR & C.O. HDR HTS. MANUF. DESIGNED ROOF TRUSSES. VENT ROOF 1 SQ. FT. PER 300 SQ 2ND FLOOR A2.3 1/4" = 1' -0" S.zu 1GREENDESIGNSinc. 8101 34th Ave. S., Suite 110 Bloomington, MN 55425 Contact: Tressa Koukal tel: 952 -826 -2222 fax 952 - 941 -6515 email: tressak @igreendesigns.com www.igreeridesigns.com TERMS CONTRACTOR TO VE O ALL DIMENSIONS, A°)-�_T CONDITIONS(IFAPFO iND SITE CONDITIONS \ ORE ORDERING MAT'' OR DEMOLISHING QC ,TING STRUCTURES. rrr� RACTOR AND ALL SUBS - ' T REPORT ANY DISCP � JCIES TO DESIGNER O _DIATLY. AS BUILT AND . CONDITIONS OFTEN F UNIQUE CON- DITION _q-AT CANNOT 13E PREDI(Q OR FORSEEN AT DF:( r COMPLETION. CC/, ; CTOR, SUBS AND NER WILL WORK Scz)ETHER TO REACH A HON IF ANY SITUATION MAY ARISE. NILL RESIDENCE NEW CONSTRUCTION 5885 EUREKA RD, SHOREWOOD, MN 55331 CONSTRUCTION DOCUMENTS Revision Schedule No. Description Date 2ND FLOOR Projectnomber 1814 i i i c 2 c msvnnxlr Draw Check FLOOR PL) Second Floor u Uc'i AS MEMORANDUM CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityha11 @ci.shorewood.mn.us TO: Planning Commission, Mayor and City Council FROM: Marie Darling DATE: June 5, 2018 RE: Tschida Construction — Setback Variance LOCATION: 4495 Enchanted Lane REVIEW DEADLINE: August 24, 2018 LAND USE CLASSIFICATION: Low Density Residential ZONING: R -1 C FILE NUMBER: 17.29 REQUEST The applicant, on behalf of property owners Brent and Kim Shiely, requests a variance in order to construct a porch and deck addition to the home at 40.1 feet from the ordinary high water level (OHWL) where the zoning regulations would require 50 feet. Notice of this application was mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. BACKGROUND Context: The home was constructed in 1953. The property is within the shoreland district of Lake Minnetonka and the adjacent properties to the west and south are developed with single - family homes. The property to the northwest is vacant. A lean -to was added to the garage by a previous property owner within the required setback without permits and is non - conforming. Additionally, the paver patio on the northeast side of the home was also added to the property without permits and is about 40 feet from the OHWL where 50 feet is required. Page 2 The applicant indicates that the request is to allow the property owners to add a living area and a deck on the lakeside of their home. The applicant is not be able to meet the required setback because a previous property owner constructed an inlet along the shoreline that is now below the floodplain elevation and the ordinary high water line of the lake. Consequently, it cannot now be removed. Approving the request would also legitimize the setback for the paver patio as the improvements would be located below the deck. Current Setback The applicant's plans indicate that the existing home is currently about 50 feet from the OHWL of Lake Minnetonka. Consequently, the applicant would not be able to construct any westward expansion of the home or add a deck without a variance. Impervious Surface Coverage The applicant has agreed to remove the two sheds that were added to the property in the 1990s in non- conforming locations. The city did not require zoning permits for accessory structures that were too small to require building permits at that time. Staff recommends that any additional approval for an addition to the property include a condition that the lean -to attached to the garage be removed. That would further reduce impervious surface coverage on the property to 36.7 percent. The property would still be non - conforming to impervious surface coverage, but the action would reduce the non - conformity. 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 proposes no uses on the site that would be inconsistent with either the intent of the residential land use classification or the district's allowed uses. 2. Practical difficulties: Practical difficulties include three factors, all three of which must be met. Staff finds that the practical difficulties for the property are related to the original construction of the home. Reasonable: A deck and porch expansion is a reasonable use of the property. b. Self- Created: The inlet was a man -made feature added by a previous property owner and made any construction on the lake side of the home challenging. C. Essential Character: Because the variance is due to the inlet, most lake users would not notice the lesser setback. Required Existing Proposed Impervious Surface Coverage 1 25 % (max.) 38% 37.9% The applicant has agreed to remove the two sheds that were added to the property in the 1990s in non- conforming locations. The city did not require zoning permits for accessory structures that were too small to require building permits at that time. Staff recommends that any additional approval for an addition to the property include a condition that the lean -to attached to the garage be removed. That would further reduce impervious surface coverage on the property to 36.7 percent. The property would still be non - conforming to impervious surface coverage, but the action would reduce the non - conformity. 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 proposes no uses on the site that would be inconsistent with either the intent of the residential land use classification or the district's allowed uses. 2. Practical difficulties: Practical difficulties include three factors, all three of which must be met. Staff finds that the practical difficulties for the property are related to the original construction of the home. Reasonable: A deck and porch expansion is a reasonable use of the property. b. Self- Created: The inlet was a man -made feature added by a previous property owner and made any construction on the lake side of the home challenging. C. Essential Character: Because the variance is due to the inlet, most lake users would not notice the lesser setback. Page 3 3. Economic Considerations: The applicants have not proposed the variance based on economic considerations. They are proposing to adapt the home to their family circumstances. 4. Impact on Area: 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 increase the impact on adjacent streets. 5. Impact to public welfare and other improvements. The applicants' proposal is unlikely to impact or impair adjacent property values or the public welfare. 6. Minimum to Alleviate Difficulty. Staff finds that the request is the minimum action necessary to alleviate the practical difficulty. FINDINGS /RECOMMENDATION Staff recommends approval of the variance but would include the following as a condition of approval (to be met prior to issuance of a building permit) to be included in a resolution forwarded to the City Council: 1. The applicants must remove the sheds and lean -to from the property and request inspection to confirm their removal. 2. With the exception of the above, no construction activity may occur until the building permit is issued. ATTACHMENTS Location map Applicants' narrative and plans Correspondence Received SAPlaming\Pla ing Files \Applications\2018 Cases \Shiely VAR\PC memo 6 5 18.d- 1 Enchanted Cove U 1 z �, Q1 Sub 4 � � Lake Minnetonka O' OY Brent & Kim Shiely 4495 Enchanted Lane April 251h, 2018 City of Shorewood Planning Commission 5755 Country Club Road Shorewood, MN 55331 RECEIVED APR 26 2018 CITY OF SHOREWOOD Re: Variance Application for Property Located at 4495 Enchanted Lane, Shorewood To the Planning Commission: Overview Brent and Kim Shiely (the "applicants ") have requested a lakeshore setback variance to allow for the construction of a new deck and porch at 4495 Enchanted Lane. Background The applicants purchased the property in December, 2017 with the intent of completing the unfinished deck on the lakeshore side of the home. Prior to purchasing the home, an inquiry was made to the City of Shorewood to affirm removal of impervious structures to accommodate the porch /deck. Marie Darling, the planning director for the City of Shorewood gave guidance, "If they want to add 20 square feet [of impervious surface] for example, they must remove 20 square feet ". At the present time, two outbuildings totaling 190 square feet are on the property. The square footage of the out buildings will be transferred to the new porch to be built no closer than 40 feet from the lakeshore, 10 feet over the required setback of 50 feet. Marie gave additional guidance, "decks are not included if they don't impede water from soaking into the ground and do not use weed barrier to prevent plants to grow up through the boards." We are proposing of adding mostly decking to the lakeshore side of the home in accordance with the intended use of the home. In alignment with the Minnesota Department of Natural Resources' guidance on lakeshore variances, it is the applicants' belief 4495 Enchanted Lane's circumstances are caused by the unique circumstances of the property and not created by the landowner. 1. The unique "inlet" on this property's shoreline creates an abnormal setback circumstance 2. The variance, if granted, will not affect the essential character of Shorewood a. Neighbor has deck within 50 feet of shoreline without an inlet 3. Our variance puts our property to use in a reasonable manner. a. It is not reasonable for this property to lack a deck— it would be the only such house on the lakeshore in the neighborhood. In seeking other Shorewood properties where a variance has been requested and approved, one was recently granted for 3810 Enchanted Lane. (reference number 167- source). The City of Minnetrista provided a recommendation (visible here) to approve. VARIANCE STANDARDS - -- Section 1201.05 Shorewood Zoning Regulations 1) The variance, and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes and intent of the zoning regulations The project conforms with the intent of the comprehensive plan. The applicants believe the proposal is consistent with this section. We do not believe the proposal will negatively affect the general public health, safety, morals, comfort, and general welfare of the inhabitants of the city. 2) The applicant has established that there are practical difficulties in complying with this Chapter. The applicants are proposing to build a reasonably sized deck and porch on the Property. Zoning requirements for the lakeshore setbacks do not result in a deck that is large enough for a reasonable sized home. They have designed a deck and porch that maintains similar lakeshore setbacks to that of the homes directly on either side of the Property, which appears to be a reasonable request. 3) The variance would not be based exclusively on economic considerations. The variance requested is sought to bring utility as well as value to the Property. As with the neighbors adjacent to the Property, a deck is a vital amenity. The home was built with three sets of doors to accommodate a future deck and porch. It is reasonable for the Property to add proposed deck and porch for the utility for the property to be realized by the applicants. 4) The variance shall not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public street or increase the danger of fire or endanger the public safety. The variance will not impair a supply of light or air to the adjacent properties. Congestion in the public street shall not be affected. The danger of fire shall not be increased for maintenance free, non- flammable materials are proposed for the construction. Public safety will also not be endangered. 5) The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other lands or improvements in the neighborhood. The variance will not be of detriment to the public welfare of the community. The proposed deck and porch would not be injurious to other lands or neighborhood improvements. The proposed is in accordance with a deck which previously existed on the property and is thusly neutral in affect to our neighbors. The prior ownership invested significant time and funds, starting in 2005, to rebuild the home. The phase to build the deck and porch was deferred to a future phase. This deferral is reflected with the building of three main floor doors along the proposed deck and porch side of the building. 6) The variance is the minimum variance necessary to address or alleviate the practical difficulties. We believe the project proposed is a minimized yet useful deck and porch. The man -made inlet on the property brings this property's lakeshore setback boundary further inland of our neighbors. This variance helps alleviate the practical difficulties of this particular lot for the utility and enjoyment of the property. RECEI APR 25 2018 CITY OF SHOREWOOD 26' -6" W -0„ - RECEIVED APR 25 2018 CITY OF SHOREWOOD LEGAL DESCRIPTION: All of Lot 12, and all that part of Lot 13 1 ying Northwesterly of a straight line, hereinafter called "Line A ", drawn from a point in the Southwesterly line of said lot 13, which point is 37 Y2 feet Northwesterly along said Southwesterly lot line from the most Southerly comer of said Lot 13 to a point in the Northeasterly line of said Lot 13, which point is 37 Y2 feet Northwesterly along said Northeasterly lot line from the most Easterly corner of said Lot 13, being in Auditor's Subdivision Number 354, Hennepin County, Minnesota. 0Z10i That part of Lot Seventeen (17) in Auditor's Subdivision Number 354, Hennepin County, Minnesota, lying Northwesterly of the following described line: Commencing at the most Northerly corner of Lot Three (3), Block ICZ Three (3), "Enchanted Park" Lake Minnetonka, Minn., thence Southeasterly along the Northerly line of Lot 3, a S distance of 73.32 feet to the point of beginning of the line to be described; thence Northerly 118.01 feet to a point on the Northeasterly line of Lot 13, 37 Y2 feet Northwesterly along said Northeasterly lot line from the Easterly comer of said Lot 13 and there terminating. AND All that part of Lot Three (3), Block Three (3), "Enchanted Park" Lake Minnetonka, Minn., described as follows: Beginning at the most Northerly corner of said Lot 3; thence Southeasterly along the Northeasterly line of said Lot, 73.32 feet; thence Northwesterly to a point on the Westerly line of Lot 3, 13 feet South of the most Northerly comer thereof; thence Northerly along the Westerly line of said Lot 3 a distance of 13 feet to the point of beginning. EXCEPT FOR THE FOLLOWING DESCRIBED PROPERTY: That part of Lot Thirteen (13) in Auditor's Subdivision Number 354, Hennepin County, Minnesota, lying Northwesterly of a straight line drawn from a point in the Southwesterly line of said Lot 13, which point is 37 Y2 feet Northwesterly along said Southwesterly lot line from the most Southerly corner of said lot 13 to a point in the Northeasterly line of said Lot 13, which point is 37 Y2 feet Northwesterly along said Northeasterly lot line from the most Easterly corner of said Lot 13, and lying Southeasterly of the following described line: Commencing at the most Northerly corner of Lot Three (3), Block Three (3), "Enchanted Park" Lake Minnetonka, Minn., thence Southeasterly along the Northerly line of Lot 3, a distance of 73.32 feet to the point of beginning of the line to be described; thence Northerly 118.01 feet to a point on the Northeasterly line of Lot 13, 37 Y2 feet Northwesterly along said Northeasterly lot line from the most Easterly comer of said Lot 13 and there terminating. Abstract Properly SCOPE OF WORK & LIMITATIONS: 1. 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. 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. 6. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 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. STANDARD SYMBOLS & CONVENTIONS: "•" Denotes iron survey marker, set, unless otherwise noted. DATE I REVISION DESCRIPTION 4/24/18 ADD NEIGHOR'S DECK AND SETBACK INFO. 4/26/18 1 UPDATE HARDCOVER CALCULATIONS, DECK —PORCH DIFFERENCES DRAWING ORIENTATION & SCALE N SCALE - 1' = 29 0 20 40 CLIENT NAME / JOB ADDRESS N 9.80 ' k f�a •� H IV 7 y^ y 7 fs PRoP- Qr POR s 5,. ?g F ® / Ffis r No --- ---8170,W7yWS Doi N 715058. 0 7�7 � AfO S 79'2F,,- E DA- Sr NZ tot `CbRgfR EXISTING HARDCOVER PROPOSED HARDCOVER House 1,415 Sq. Ft. House 1,415 Sq. Ft. Lean [0 220 Sq. Ff. Lean - [0 220 Sq. Ft. Sheds 190 Sq. Ft. Sheds to be re oved 0 Sq. Ft. Bituminous Driveway 4,058 Sq. Ft. Bituminous Driveway 4,058 Sq. Ft. Garage 542 Sq. Ft. Garage 542 Sq. Ft. Concrete Surfaces 303 Sq. Ft. Concrete Surfaces 303 Sq. Ft. Pavers 216 Sq. Ft. Pavers 181 Sq. Ft. Ret. Walls 6 Sq. FI. Ret. Walls 66 Sq. Ft. Prop. Porch 196 Sq. Ft. TOTAL EXISTING HARDCOVER 7,010 Sq. Ft. AREA OF LOT 18,426 Sq. Ft. TOTAL EXISTING HARDCOVER 6,981 Sq. Ft. AREA OF LOT 18,426 Sq. Ft. PERCENTAGE OF HARDCOVER TO LOT 38.011 PERCENTAGE OF HARDCOVER TO LOT 37.94 KIM ' SHIELY 4495 ENCHANTED LANE SHOREWOOD, AEV The proposed deck as shown on the survey is not counted in the hardcover calculations per our client. The area for the deck contains 305 Sq. Ft. Advance Surveying & Engineenng, Co. 17917 Highway 7 Minnetonka, Minnesota 55345 Phone(952)474 -7964 Web: www.advsur.conn W IYIINN�7T0Y a't �aE 4' / / 1 0.. / 7 N a 7 0a,Zo7 rJ / Q (D., / ♦ / X' un q ^ It, <4v ti C o L _ sea \ . To ~J r gfl�v7 1•N V Y} qp� \\ — SOUTHERLY CORNER OF LOT 13 to,,, \ \ \`NFLk- \ (Or 7J \a7No y I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY NE OR UNDER LAY DIRECT SUPERVISION AND THAT AY A DULY REGISTERED LAND SURVEYOR UNDER TH LAWS OF YIE STATE OF, UINNESOTA Thomas M. Bloom It 42379 LICENSE NO. APRIL 20, 2018 DATE RECEIVED /APR 2 6 2018 CITY OF SHOREWOOD LEGEND 0 - CATCH BASIN - ME HYDRANT 0 - POWER POLE ® - YARHHE ® - TELEPHONE PE0. 8 - ELEC TRANSHBIER 0 TA-l1 O - DATE VALVE - - LIGHT POLE - TREE —X —IH— - "OE ME —S — SAMTARY SEM ME —W— - WATER 111E —G— - GAS LINE — ST— - STORY DRAM LINE —E OVERHEAD UTl11Y LINE - CO181RETE SURFACE SHEET TITLE SHEET SIZE 22 X 34 EXISTING CONDITIONS SHEET NO. DATE SURVEYED: APRIL 20, 2018 SURVEY DRAWING NUMBER DATE DRAFTED: APRIL 20, 2018 180225 TB REV 4 -26 SHEET OF Marie Darling From: Jane Ann Davis <janeannsd @gmail.com> Sent: Thursday, May 31, 2018 9:06 AM To: Planning Subject: 4495 Enchanted Lane We want to express our support to allow a setback variance in order for a deck to be added to above address. We reside next door at 4475 Enchanted Lane. Feel free to contact us with any questions /comments. Steve and Jane Ann Davis 612 - 462 -6563 Marie Darling From: Jane Ann Davis <janeannsd @gmail.com> Sent: Thursday, May 31, 2018 10:27 AM To: Marie Darling Subject: 4495 Enchanted Lane We are next door neighbors of the above address. We would like to offer our support of the requested variance so that they can build a deck. Feel free to contact us anytime with questions or comments. Jane Ann and Steve Davis 4475 Enchanted Lane 612 462 6563 Marie Darling From: Chris Wold <cwold19 @gmail.com> Sent: Thursday, May 31, 2018 9:04 AM To: Planning Cc: pamela. d. meixell Subject: 4495 Enchanted Lane - Deck Variance Hi Marie, We support the Sheily's request for a variance to build a deck and we welcome them to the neighborhood. Pam Meixell & Chris Wold 4505 Enchanted Lane Shorewood, MN 55364