07-17-18 Planning Commission Agenda
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, JULY 17, 2018 7:00 P.M.
A G E N D A
CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE
MADDY (Jun) ______
GORHAM (Jul) ______
EGGENBERGER (May) ______
DAVIS (Mar) ______
RIEDEL (Apr) ______
1. APPROVAL OF AGENDA
2. APPROVAL OF MINUTES
June 5, 2018
3. PUBLIC HEARINGS
A)7:00 P.M. PUBLIC HEARING – PUD AMENDMENT REGARDING BUILDING HEIGHT
Applicant: Lennar Homes and Gonyea Homes
Location: Minnetonka Country Club P.U.D.
4. OTHER BUSINESS
A) DISPOSAL OF PUBLIC PROPERTY
Applicant: City Of Shorewood
Location: 22000 Stratford Place
5. MATTERS FROM THE FLOOR
6. REPORTS
Council Meeting Report
Draft next meeting agenda
7. ADJOURNMENT
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, JUNE 5, 2018 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Chair Maddy; Commissioners Davis, Eggenberger, and Gorham; Planning Director
Darling; and Council Liaison Sundberg
Absent: Commissioner Riedel
1. APPROVAL OF AGENDA
Davis moved, Gorham seconded, approving the agenda for June 5, 2018, as presented. Motion passed
4/0.
2. APPROVAL OF MINUTES
April 17, 2018
Davis moved, Gorham seconded, approving the Planning Commission Meeting Minutes of April 17,
2018, as presented. Motion passed 4/0.
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. TO REMOVE SOILS IN EXCESS OF 400 CU. YDS.
Applicant: Schroeder Management (rep. Jack and Gretchen Norqual)
Location: 27960 Smithtown Road
Chair Maddy opened the Public Hearing at 7:04 P.M. noting the procedures used in a Public Hearing.
Director Darling explained that Schroeder management on behalf of the property owners, Jack and Gretchen
Norqual, has requested a C.U.P. to remove 3,500 cubic yards of material. She noted that Section 1201.03,
subdivision 9 requires a C.U.P. for removal of material over 400 cubic yards.
Darling noted that staff recommends approval subject to a series of conditions based on recommendations
from the City Engineer. She reviewed the recommended conditions.
Commissioner Gorham asked if requiring a construction management plan was typical.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 5, 2018
Page 2 of 6
Director Darling stated that it has become required in new home construction for in-fill locations to control
parking and other problems because of a growing concerns over the impact on the neighborhood.
Commissioner Eggenberger asked how the City would monitor the number of conditions and whether it
would involve site visits.
Director Darling stated that it will involve site visits and noted that the erosion control inspections will
happen at the same time as building inspections, so the inspector would be on site quite frequently.
Commissioner Eggenberger asked if the homeowner or the contractor would be responsible for ensuring
that the conditions are met.
Director Darling stated that it is ultimately the responsibility of the homeowner, but the City enforces the
conditions.
Michael Schroeder, Schroeder Management, Representing Jack and Gretchen Norqual, stated that all of the
conditions will be pretty easily met and a few are already in process with the City. He reviewed some of
the conditions that won’t apply. He assured the Commission that none of the construction parking will be
along Smithtown Road, but located somewhere on the property itself.
Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:12 P.M.
There being no public testimony, Chair Maddy closed the Public Testimony portion of the Public Hearing
at 7:12 P.M.
Commissioner Davis asked if the tree inventory showed that six trees would be removed.
Mr. Schroeder stated that only one of the trees are of significant size.
Eggenberger moved, Davis seconded, recommending approval of the C.U.P for Soil Extraction in
Excess of 400 Cubic Yards at 27960 Smithtown Road, pursuant to the conditions as outlined in the
th
staff report and the addition of a 6 bullet point being a Construction Management Plan. Motion
passed 4/0.
B. PUBLIC HEARING – ZONING CODE TEXT AMENDMENT TO C-1 DISTRICT
USES
Applicant: Jonathan Higgins
Chair Maddy opened the Public Hearing at 7:15 P.M. noting the procedures used in a Public Hearing.
Director Darling explained that Jonathan Higgins has requested to operate a body art establishment called
Historic Tattoos at 23670 State Highway 7. She stated that the zoning ordinance does not list tattooing as a
permitted use, nor does it have a similar use that would allow administrative approval. Staff is
recommending an ordinance amendment that includes body art as a permitted use in the C-1 zoning district
and noted that the amendment also cleans up a use that is not in alphabetical order in the C-1 zoning district.
Chair Maddy noted a few typographical errors in the paragraph that identifies who can perform the body
art services and what it includes.
Director Darling stated that she would fix the errors.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 5, 2018
Page 3 of 6
Chair Maddy asked for an explanation of micropigmentation.
Director Darling explained that micropigmentation is typically used when doing cosmetic applications,
such as eyeliner.
Jonathan Higgins, 6015 Seamans Drive, stated that he is looking to open a tattoo parlor and museum. He
noted that there was one thing in the staff notes that indicated how body art is treated in different towns.
He stated that in Excelsior, there has been a shop open for over a year and it is licensed with the department
of health. He is unsure how their zoning has it listed, but there is a shop there. He presented an article to
the Commission on the shop. He expanded on Director Darling’s explanation and clarified that the
micropigmentation was for cosmetic use on things like eyebrows, eyeliner, or lips. It can also be used for
men who have less hair on their heads with a stippling effect. He noted that it is a technique that doesn’t
go to the same dermal depth as a typical tattoo.
Chair Maddy stated that it looked like the ordinance expanded the information on body piercing and asked
if Mr. Higgins was interested in expanding his services.
Mr. Higgins stated that he has no interest in piercing and planned to stick with just tattooing.
Commissioner Davis asked Mr. Higgins why he felt a tattoo business will be successful in Shorewood.
Mr. Higgins stated that he is merely optimistic, but noted the worldwide growth of tattooing creating a
growing demand. He stated that he has worked in a shop in Elk River for six years, 12 hours a day, 7 days
a week and can bring in existing clientele from his work at that shop.
Chair Maddy noted that he found the demographic information that Mr. Higgins submitted to be very
interesting.
Commissioner Davis stated that she liked Mr. Higgins’ idea of holding classes and asked where he got his
historical equipment.
Mr. Higgins stated that he spends a lot of time educating people, so he felt it would make sense to get them
all in one room and teach them together. He stated that he has traveled across the country and gotten them
from other museums, off of eBay or other internet sources. He stated that he has a number of authentic
artifacts, replica artifacts, periodicals and various machines. He is hoping that he will attract more than just
people interested in tattoos, but who are interested in art. He plans to have membership options, tours, art
classes, and seminars.
Commissioner Eggenberger noted that the language of the new ordinance states “body art establishment
(licensed)” and asked Planning Director Darling if the City would specify what kind of license.
Director Darling noted that in the definition for body art establishment it states that it is any body art
establishment licensed by the State where body art is performed.
Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:25 P.M.
Sophia Higgins, 6015 Seamans Dr, stated that she is 7 years old.
Mr. Higgins introduced his wife, Kate and his children Jasper and Sophia to the Planning Commission and
stated that they have been very supportive of his efforts.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 5, 2018
Page 4 of 6
There being no additional public testimony, Chair Maddy closed the Public Testimony portion of the Public
Hearing at 7:25 P.M.
Davis moved, Gorham seconded, to Recommend Approval of the Proposed Ordinance Text Changes
as recommended by staff, as they Pertain to Body Art Establishments for the City. Motion passed
4/0.
4. OTHER BUSINESS
A. VARIANCE TO BUILD ON A SUBSTANDARD LOT
Applicant: Conrad Lee Nill
Location: 5885 Eureka Road
Director Darling explained that the property is located at the corner of Eureka Road and Mann Lane. She
noted that the applicant would like to remove the existing home and detached garage and build a new home
with an attached garage. She reviewed the requirements for granting a variance to build on a substandard
lot and noted the applicant is planning to install a rain garden on the property to help offset the additional
impervious surface that is proposed. She stated that staff is recommending approval.
Commissioner Gorham asked if there had been variances granted for the homes next door.
Director Darling stated that she did not think so because they are all older homes as well. She noted that
the home to the east had met the criteria so a variance was not required for them to build the new home.
Chair Maddy opened the meeting for public comment at 7:31 p.m. and being no comments were given,
closed it at 7:31 p.m.
Commissioner Gorham asked what state the current home is in because there is a statement in the
applicant’s narrative that says if the variance wasn’t granted, it would render the investment useless.
Commissioner Davis stated that the current home is an eyesore and she had almost turned it in to the City.
Lynn Nill, stated that the property was sold to them with the existing house as a tear-down and was never
advertised as habitable. She stated that her husband has been inside of the structure, but she has not.
Commissioner Davis stated that she understood why she wouldn’t go inside because things are falling off
of the house.
Davis moved, Gorham seconded, to Recommend Approval of a Variance to Build on a Substandard
Lot at 5885 Eureka Road. Motion passed 4/0.
Director Darling noted that this application will be considered at the June 12, 2018 Council meeting.
B. SETBACK VARIANCE
Applicant: Tschida Construction (Rep. Brent and Kim Shiely)
Location: 4495 Enchanted Lane
Director Darling stated that the applicant is requesting a variance in order to construct a screened porch and
deck that would be 40.1 feet from the ordinary high-water level, rather than the required 50 feet. She
reviewed the criteria that must be met in order to grant a variance. She showed a photo of the inlet that was
created at some time in the past that makes it impossible for the property owner to meet the 50 feet setback.
She noted that the current home and the inlet were constructed before the 50-foot setback requirement was
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 5, 2018
Page 5 of 6
part of City Code. She stated that the City had received e-mail correspondence from Steve and Jane Ann
Davis, Pam Meisel and Chris Wold in support of the variance request. She stated that staff is
recommending approval with the conditions outlined in the staff report.
Kim Shiely, 4495 Enchanted Lane, stated that the lean-to on the garage appears to be something that was
built with the original home in 1955 and they would prefer not to tear it down, with the thought that they
may come back for a permit in the future to build a larger garage in the future. She understands that the
City will need proof that it was part of the 1955 build, and they are working on trying to get that
documentation by contacting previous owners.
Chair Maddy suggested contacting the University of Minnesota because they have a great aerial photo
library that may be helpful. He asked if she knew the story about the inlet and when it was put in.
Ms. Shiely stated that she did not, but, knows that it was put in prior to the previous owners and they
purchased the home in 1990.
Commissioner Davis asked how deep the inlet is.
Ms. Shiely stated it has a sand bottom is very shallow.
Chair Maddy opened it up for public input at 7:40 p.m. and there being no public input, closed this portion
of the meeting.
Chair Maddy stated that he was not familiar with the Lake Minnetonka guidelines, but asked if it would be
possible to simply fill the inlet with sand.
Director Darling stated that it is below the floodplain and would be altering the shoreline of the lake and
would likely require permits from the Army Corps of Engineers, the watershed district and the DNR. She
stated that she would not recommend it.
Commissioner Gorham stated that he appreciated that the deck isn’t a monstrosity and seems reasonably
sized. He asked what impervious surface coverage the Commission was being asked to approve because
the table included in the packet seemed to be different than what Director Darling mentioned.
Director Darling stated that her recommendation is for 36.7% which would require the lean-to to be
removed.
Commissioner Eggenberger asked how large the lean-to structure is and asked what the problem is with the
structure.
Director Darling stated that it is 220 square feet and was not permitted or part of the original building permit
for the garage. The lean-to is within 1 foot of the property line. She noted that calling it a lean-to is a bit
of a stretch because it is fully enclosed.
Eggenberger moved, Davis seconded, to Recommend Approval of the Setback Variance at 4495
Enchanted Lane Per the Conditions Set by Staff, as presented. Motion passed 4/0.
Commissioner Davis stated that this situation reminds her of the vintage garage that was right on the
property line over by Christmas Lake and the homeowners found aerial imagery from the 50s and the
structure ended up being part of a historical book that featured the garage.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
JUNE 5, 2018
Page 6 of 6
5. MATTERS FROM THE FLOOR
Dave Gerten, 25110 Glen Road, stated that he had attended an informational meeting in April with Sathre-
Bergquist and David Pemberton about the lot across from his property. He stated that at that meeting it
sounded like there would be a follow up discussion at tonight’s planning meeting. He understands it is
obviously not on the agenda tonight, but asked if anyone knew when that topic would be on the agenda for
the future.
Director Darling noted that the applicants have decided not to move forward with their plans, so there will
be no public hearings on the topic.
6. REPORTS
• Liaison to Council
Council Liaison Sundberg reported that the Council did approve the setback request on the Marsh Pointe
residence.
Chair Maddy noted that the Commission understood their reasons.
Director Darling stated that the Council did direct staff to take a look and see if the City should be allowing
porches to encroach into the setback and also to see if it was appropriate to have a 50-foot setback from a
local street.
Director Darling noted that the June 11, 2018 Council meeting had been cancelled because of a lack of
quorum and she has tentatively rescheduled the work session for June 25, 2018 if she can get all of the
consultants rescheduled.
• SLUC Summary
Director Darling noted that the Commission can bypass this agenda item because nobody attended this
seminar.
• Draft Next Meeting Agenda
Director Darling stated there will be a small subdivision application and possibly a code amendment at the
next meeting.
There was discussion of whether there was going to be a July Council meeting.
Commissioner Davis stated that there is a proliferation of homes on her side of the City that are not taking
care of their yards and letting their grass get ridiculously tall. She stated that some of the houses are either
vacant or for sale and the realtors are not taking care of them. She stated that she is planning to take pictures
of the yards and asked if she should send them to Public Works.
Director Darling noted that the pictures could also be sent to the front counter staff and they would get them
to the Public Works staff.
7. ADJOURNMENT
Davis moved, Gorham seconded, adjourning the Planning Commission Meeting of June 5, 2018, at
7:55 P.M. Motion passed 4/0.
LENNAIT
May 24, 2018
Marie Darling, Planning Director..
City of Shorewood
5755 Country Club Road CITY O , E 'Ai ,
Shorewood, MN 55331
Re: Minnetonka Country Club PUD — Request for Amendment
Dear Ms. Darling:
Lennar Homes (formerly CalAtlantic Homes) and Gonyea Homes are the exclusive Builders in
the Minnetonka Country Club neighborhood currently being developed by Mattamy Minneapolis
LLC. Both Builders have run into difficulty meeting the maximum building height condition as
noted in Sec I.B. of the Minnetonka Country Club PUD Agreement.
Per the Agreement, the maximum building height, as defined by the Shorewood Zoning Code,
shall be two and one -half stories or 35 feet, whichever is less. In reviewing the City Code,
Section 1201.02 defines the maximum building height as " a distance measured from the
average land grade to the mean distance (between eaves and peak) of the highest gable on a
pitched or hip roof'. The section goes on to define the average land grade as "the lowest point
of elevation of the finished surface of the ground, paving or sidewalk...". It seems contradictory
that the average land grade is defined as the lowest land grade. Further, on any walkout lot, it
forces the design of the roof to incorporate roof pitches that are inconsistent with the quality of
homes we are building in MCC.
For example, a typical basement height is 9 feet, typical 1St floor main living space at this price
range is 10 feet and typical 2nd floor elevation is again 9 feet high. Adding in two floor systems
at 1 foot 6 inches each gives a total of 31 feet before the roof structure. For our homes, even a
4/12 pitch roof structure would use up more than the remaining 4 feet, therefore putting a typical
walkout portion of a home over 35 foot maximum. See attached exhibits for calculations of
building heights and examples.
Lennar Homes, along with Gonyea Homes request an amendment to Minnetonka Country Club's
PUD Agreement to define the "average grade around the homes" as the "average grade around
the home "; not the lowest grade around the home. To lessen any perception that this will be
somehow objectionable to residents driving by the neighborhood, the suggested amendment
would only be applied to lots where the rear of the home or the walkout conditions faces inward
to the development. For lots where the rear of the home faces outward of the development, this
amendment would not apply. Specifically, this amendment would not apply to the following lots
per the preliminary plat plan: Lots in Block 2, Lots in Block 3, Lots 4 -10 in Block 5; Lots 23 &
24 in Block 7 and Lots 15 -18 in Block 10. (See Attached)
s6305 3611' Ave. N. e Suite 600 e Plymouth, MN SS446 4 Phone: 952.- 249 -30oo- Fax: 952-2493075
We appreciate your review and welcome comments you may have regarding this request. As the
exclusive Builders in Minnetonka County Club, it is our goal to have a successful development
that the City can be proud of. We believe our proposal accomplishes both these goals. Thank
you for taking the time to consider this request. Please feel free to contact Mark Sonstegard with
Lennar Homes at 952.229.6007 or at inark.sonste(-Yard(t lennar.coin if you have any questions.
Sincerely,
Oe
Mark onstegard
Director of Land Development
Lennar Homes, Minnesota
Steve Ellefsen
Architectural Manager
Lennar Homes, Minnesota
cc: Brian Theis, Mattamy Minneapolis, LLC
'S3), 35•',;\ve, iJ. , Suite 000 • rIy„)outh, iv'sti 554t,6 , Phone: <;:1 -zr,�• ono Rm 952 -Z 6`3075
Marie Darling
Subject: FW: application form and fees
From: Rick Packer [ mailto:rpacker @gonyea homes. comj
Sent: Thursday, July 12, 2018 6:30 PM
To: Marie Darling <MDarling @ci.shorewood.mn.us >; Mark Sonstegard <marl<.sonstegard @lennar.com>
Cc: Steve Ellefsen <steve.ellefsen @ lennar.com>; Bill Coffman <bcoffman @gonyeahomes.com>
Subject: RE: application form and fees
Hi Marie,
As a custom home builder, we're a little different than Lennar when it comes to addressing
unusual ordinances. Each home we build is different because it starts (mostly) with a
Buyer's needs. But I can say a few things that Lennar and Gonyea likely have in common.
The height of our buildings has increased more than a foot simply due to energy code
changes. We now need to incorporate heating returns in the floors, turning the 12" I-
beam into a 20" truss (I may not be saying this correctly - I'm a land guy). While building
codes have changed, zoning codes have not.
I don't think anyone can argue that the public's (and therefore zoning codes) view of 4/12
and 6/12 has changed. As a developer almost 20 years ago, we required a 7/12 pitch on
homes in our neighborhoods. The cities liked what they saw and incorporated it into their
requirements. But they didn't change the code with respect to building heights.
Part of the home building process is the management of client expectations. Candidly, the
first thing we relay to our clients is that the Gonyea custom homes they went to in
neighboring communities can't be built in Shorewood due to the way Shorewood
measures the height of a building. They cannot have 9' ceilings on the second floor. In
the price range we (and Lennar) are building, this is a tough pill for the clients to
swallow. Our architects each have their own way of explaining this and go into the ways
we can help mitigate this, but it's not what they wanted and it's something they could get
in other communities.
To compound the matter, we are hesitant to flatten the roof pitches any more than
necessary; the house body and the roof will become disproportional. To maintain some
proportionality, we end up having sloped ceilings in the some of the rooms in the upper
level. As one can imagine, this lessens the amount of useable square footage in the
room. It also requires us to add dormers and other ceiling treatments that add to a
cluttered roof line and add costs.
1
As to any suggestion that we build 8' basements, we simply do not build 8' basements in
this, or any, price range. The market has pretty much moved away from 8' basements
unless affordability is the major driver.
As a custom home builder for better than 30 years, we've built on all sorts of lots and all
sorts of nuanced zoning codes; that's why we have 4 in -house architects. I'm sure the
general public thinks our homes look fine; what's the big deal? My response is that they
could look better than "fine ", that we wouldn't need roof and gutter systems designed by
NASA, and each of our homeowners would be happier if they were able to have 9' ceilings
on every floor. Up until this point I haven't provided drawings because I don't think our
drawings would be able to properly depict these shortcomings.
While I'm on a roll, as a former employee of a large, national builder ( Mattamy), I can say
that the difficulties Lennar is experiencing are significantly larger and impactful to their
business than to a smaller, custom home builder. Had Mattamy gone forward with the
neighborhood, they would be asking for the same considerations. Furthermore, if the
roles were reversed and Gonyea had twice as many lots, Gonyea Homes would be leading
the charge. We are both in the business of addressing the needs /desires of the market;
the larger the stake, the greater the need to address them, and to be able to compete with
surrounding communities.
I will be out of town until Thursday next week, so I can't attend the meeting. I'm hesitant
to have one of our architects attend the meeting; my fear is that he /she might get "in the
weeds" answering questions. I will try to get our other "land guy" to attend but, like me,
he'll just add to the number of non - architects in the room! I will be able to attend the City
Council meeting, however. If you have questions, shoot me an email or voice mail and I'll
get back to you as soon as I can. Also, please feel free to include this email with your
report. If I knew it was going to get this long- winded I would have put it on letterhead!
Thanks Marie.
Rick Packer
Land Manager
Cell: 612.868.5862
Main: 763.432.4500
IM GO NY EA
LIKE US ON FACEBOOK a GONYEA HOMES
VISIT OUR WEBSITE
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