09-18-18 Planning Commission Agenda
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY SEPTEMBER 18, 2018 7:00 P.M.
A G E N D A
CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE
EGGENBERGER (Dec) ______
DAVIS (Nov) ______
RIEDEL (Oct) ______
MADDY (Sep) ______
GORHAM (Aug) ______
1. APPROVAL OF AGENDA
2. APPROVAL OF MINUTES
August 28, 2018
3. PUBLIC HEARINGS
None
4. OTHER BUSINESS
A) LOT AREA, WIDTH, AND SETBACK VARIANCES
Applicant: Cary and Susan Deacon
Location: 21055 Forest Drive
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, AUGUST 28, 2018 7:00 P.M.
MINUTES
CALL TO ORDER
Vice-Chair Davis called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Commissioners Davis, Eggenberger, Gorham, and Riedel; Planning Director Darling; and
Council Liaison Johnson
Absent: Chair Maddy
1. APPROVAL OF AGENDA
Eggenberger moved, Riedel seconded, approving the agenda for August 28, 2018, as presented.
Motion passed 4/0.
2. APPROVAL OF MINUTES
July 17, 2018
Gorham moved, Eggenberger seconded, approving the Planning Commission Meeting Minutes of
July 17, 2018, as presented. Motion passed 3/0/1 (Davis abstained since she was not at the meeting).
3. PUBLIC HEARINGS
Vice-Chair Davis 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 – 7:10 – PRELIMINARY PLAT AND LOT AREA VARIANCE.
Applicant: City of Shorewood
Location: 22000 Stratford Place
Director Darling explained that this is a request from the City of Shorewood for a variance to lot area and
lot width in order to create a buildable lot at 22000 Stratford Place. She noted that this property was created
to construct a wellhouse that was decommissioned in 2008 and has sat vacant since that time. The property
is currently an outlot, which is an unbuildable parcel by city code. She stated that the City has requested
that the legal description be altered in order to assign it a lot/block legal description. She noted that any
home constructed on the property would have driveway access off of Apple Road so the stormwater features
on the south side of the property is not disturbed. Staff recommends approval and noted that the City has
received two letters from nearby property owners indicating concerns about the stormwater feature in this
location that overflows and water often sits on this property. She stated that staff reviewed the storm water
feature and found that it has become silted in over time and will need to be maintained.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
AUGUST 28, 2018
Page 2 of 6
Vice-Chair Davis opened the Public Hearing at 7:10 P.M. noting the procedures used in a Public Hearing.
Dan Fisk, 6100 Apple Road, stated that his driveway runs along the boundary of this property. He stated
that he is not averse to the development of suitable housing, but has not seen any plans for this property
yet. He stated that he would echo the concerns that were mentioned about the drainage problems. He stated
that during the spring melt, the run off floods his driveway as well as after heavy rainfall. He stated that he
believes a home and driveway will increase the runoff from this property. He reiterated that run off is
already an issue that needs to be addressed even without putting in a home. He stated that if the Planning
Commission approves this as a buildable lot, he hopes that they will address this runoff issue.
Vice-Chair Davis confirmed that the drainage structure that is in place is under Mr. Fisk’s driveway.
Commissioner Riedel asked if this was a French drain type structure.
Mr. Fisk stated that they moved in five years ago and the culvert was already in place. He reiterated that
the current situation is not adequate for the amount of water that flows across there.
Al Whittaker, 23020 Stratford Place, stated that he agrees that Mr. Fisk’s driveway does flood. He asked
if any of the work on groundwater holding area would affect the intersection of Apple Road and Stratford
Place and who would be assessed for the costs.
There being no additional comments, Vice-Chair Davis closed the Public Testimony portion of the Public
Hearing at 7:16 P.M.
Director Darling stated that one of the reasons the stormwater basin has been overflowing is because it
needs some maintenance and this cost will not be assessed to homeowners. She stated that she does not
know of any roadwork that would be needed to accommodate this one home and reiterated that the driveway
would access Apple Road.
Commissioner Riedel asked if there was already a proposed buyer and if the lot would be sold on the open
market.
Director Darling explained that the Council did accept a Purchase Agreement for the property. She stated
that the parcel was not for sale until the City was approached by someone interested in purchasing the
property. She stated that the lot is somewhat compromised because of the drainage feature as well as the
underground utilities that are still in place from the former wellhouse. She noted that the house plans do
not include a basement. She stated that the property was appraised by the Hennepin County Assessor’s
Office as well as an area realtor and the purchase price is in line with what those professionals indicated
was a fair price.
Commissioner Riedel asked if the purchaser of the property was aware of the concerns from the community
and if they were still interested.
Director Darling stated that they were aware of the concerns that had been raised and were still interested.
Commissioner Riedel asked if Public Works was aware of the drainage issues in this area and if there were
plans to include it in the long-term maintenance plans.
Director Darling stated that the drainage review was completed long before the e-mails from residents came
in and noted that the City will be handling the maintenance of the basin because it is still City property.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
AUGUST 28, 2018
Page 3 of 6
Vice-Chair Davis stated that this is beautiful piece of property, but the lot is very low. She asked where
Apple Road falls in the road reconstruction plans because perhaps that reconstruction could help with some
of the existing drainage issues.
Director Darling stated that it is not planned within the next five years.
Mr. Fisk stated that the road was worked on about two years ago.
Commissioner Eggenberger asked what would be done for maintenance to the holding pond.
Director Darling noted that it will be restored back to its original design.
Commissioner Eggenberger asked about Mr. Fisk’s driveway and whether maintenance would include the
culvert that runs under his driveway and perhaps making the culvert bigger.
Director Darling stated that it is her understanding that the proposed maintenance would just be in the basin
area. She stated that this culvert is not in City property and is not sure if it is in an easement or not. She
stated that she will talk to the City Engineer about that issue.
Commissioner Eggenberger stated that he was less concerned about approving this variance and looking
towards what would happen when they tried to put a structure on the lot. He stated that now he is not sure
that the two issues can be separated. He stated that he is not sure that he wants to approve something that
will be a burden to other people in the neighborhood because of the water problems on the lot.
Commissioner Riedel stated that he imagines once you making the holding pond deeper then the culvert
run off wouldn’t be as affected and will be included in the stormwater management plan to clean out the
basins every five or ten years.
Commissioner Eggenberger asked if this variance was approved if it would have an affect on the variances
that come from putting a dwelling on the lot.
Director Darling noted that staff is not anticipating any variances for building a home and have been very
clear with the buyer about the required setbacks and location of existing easements and how large the
buildable area is.
Vice-Chair Davis confirmed that the City will maintain the stormwater pond in perpetuity.
Commissioner Riedel stated that if these variances are approved, this would move forward as a non-
conforming lot and have to follow those guidelines.
Director Darling stated that it will not be a non-conforming lot, it will conform to the ordinances, subject
to the variances.
Vice-Chair Davis stated that she does not see how this lot can be built on without bringing fill in because
it is so low. She also thinks a swale will have to be created along the side lot line that hopefully will not
drain onto Mr. Fisk’s property. She stated that she understands that her comments are possibly anticipating
problems that do not exist yet, but feels it is a fair concern.
Mr. Fisk stated that he understands the plans are to restore the holding pond to its original form, but stated
that is not adequate for today without the additional property being discussed. He thinks any work done to
the holding pond needs to include greater capacity than the original plans and current design.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
AUGUST 28, 2018
Page 4 of 6
Commissioner Riedel stated that it is the City’s decision to sell this lot and the Planning Commission’s job
is to see if the preliminary plat and the variances fit the requirements. He stated that it appears that the
Planning Commission is debating whether they think it is a good idea to build there or not and that may not
be the right question for the Planning Commission to be considering.
Vice-Chair Davis stated that she agrees with Mr. Fisk that the stormwater holding pond likely should be
enlarged to increase its capacity.
Commissioner Gorham stated that many people have spoken about concerns with the runoff and suggested
leaving it up to the City Engineers to determine whether the size of the holding pond is inadequate.
Director Darling noted that the Engineering Department did run calculations based on the water that is
flowing through the site and any increase, because of building a home, would be the responsibility of the
buyer.
Commissioner Gorham stated that the City would, in essence, be saying “buy at your own risk based on the
information we gave you”.
Eggenberger moved, Riedel seconded, to recommend approval of the preliminary plat and variances
to lot area and width for the property at 22000 Stratford Place, with the request that the Council take
into consideration the reservations the Planning Commission has about the buildability of the lot.
Motion passed 4/0.
Director Darling noted that this item will be on the Council agenda for the September 10, 2018 meeting.
4. OTHER BUSINESS
A. MINOR SUBDIVISION AND SETBACK VARIANCE
Applicant: Richard Denman
Location: 5865 Glencoe Road
Director Darling stated that this property is requesting a minor subdivision to create a new lot on the south
side of the property to build a new home. She noted that the applicant is also asking for a setback variance
in order to allow for a deck, porch and one cantilever would be constructed up to 20 feet where 30 is
required. She noted that staff is recommending approval of the minor subdivision request with a few
conditions. She stated that for the setback variance, the applicant has shown that the setback for Academy
Avenue is larger than typical in the City. She noted that, if approved, this home would sit 42 feet away
from the edge of the road which is greater than many homes in the area. She stated that staff is also
recommending approval of the setback variance but notes that the applicant has met some of the conditions
better than others.
Commissioner Riedel asked why the right-of-way was so wide in this area.
Director Darling noted that the right-of-way was dedicated with the plat but does not have a specific answer.
She noted on the Glencoe side there are utilities close to the property line and on the Academy side there
are also utilities, but they are not as close to the front property line as they are on Glencoe.
Rick Denman, 5865 Glencoe Road, stated that he and his wife purchased this property a short time ago.
The existing home on the site was built in about 1910 and has had improvements over the years. He stated
that they are planning to add a two-car garage and make other internal and external improvements on the
existing home. He noted that there are currently two outbuildings on the site that they plan to demolish and
take down. He stated that he works with Charles Cudd Company which are home builders. The existing
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
AUGUST 28, 2018
Page 5 of 6
home is a two-story home and their preference is to build a smaller, single-level living home. He stated
that they love this location and noted that his wife had grown up on Christmas Lake. He noted that the
building plans are for a modest sized home and gives a lot of privacy to the neighbor next door. He stated
their children live out of state and their plans are to fix up the existing farm home and have their children
stay there when they are in town visiting.
Commissioner Riedel asked about the size of the porch, deck and cantilever portion of the master bedroom
and whether their size could be reduced to comply with the setback requirements.
Mr. Denman stated explained that the porch is 12 feet deep and he would like to keep that depth because
reducing the size of the porch or the patio would make it less livable in terms of their use. He noted other
homes in the neighborhood have zero setback.
Vice-Chair Davis stated that she likes this use for the lot and likes that is a small home.
Commissioner Riedel stated that he tends to take things literally and this appears to be new construction on
a non-conforming lot. He stated that the City may want to revisit the side yard versus front yard setback
because this was the same issue that was faced with a previous applicant.
Director Darling noted that after discussion of the home on Marsh Pointe, the Council did ask staff to look
into changing the ordinance to allow porches to encroach into the side yard setback.
Commissioner Gorham stated that for the variance, he is of the opinion that this is essentially a self-created
hardship. He noted that he attended a recent Council meeting where another subdivision was discussed and
Councilmember Labadie asked the question “What is in it for Shorewood?” and he asked that same
questions for this subdivision. He asked if the Planning Commission and the Council have been supportive
of subdivisions in the past.
Director Darling stated the City gets to define the standards under which lots can be created, so if the
applicants can show that they can meet the requirements in the ordinance, there is not a whole lot of
discretion. She stated that when they meet the requirements, subdivisions have been very consistently
approved by both the Planning Commission and the Council. She noted that the lot is not a non-conforming
lot but are asking for the setback variance for the porch and deck.
Vice-Chair Davis stated that because of her rear yard setback, she has a 10x20 studio on the back of her
home. She stated that she would be hesitant to make this space narrower because of her experience in her
studio.
Commissioner Eggenberger stated that he feels this is a beautiful home and will be an asset to the City.
Eggenberger moved, Riedel seconded, to recommend approval of the minor subdivision and setback
variance for Richard Denham at 5865 Glencoe Road, subject to conditions in staff report. Motion
passed 3/1 (Gorham).
Director Darling noted that this will be on the Council agenda for September 10, 2018.
B. MINOR SUBDIVISION
Applicant: Chris Stephan
Location: 4865 Ferncroft Drive
Director Darling stated that the applicant is proposing to remove the existing home, subdivide the property,
and build two new homes. Staff is recommending approval with the conditions listed in the report.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
AUGUST 28, 2018
Page 6 of 6
Commissioner Eggenberger asked how things would work when the house was taken down and whether
the basement would simply be filled in.
Director Darling explained that in this case that option would be not be possible because it would interfere
with the new structures, so they will need to take everything out.
Chris Stephan, 4865 Ferncroft Drive, presented the corrected survey to the Commission. He noted that the
plans presented tonight are just conceptual and understands that there will be changes made to comply with
the requirements.
Riedel moved, Gorham seconded, to recommend approval of the minor subdivision for Chris Stephan
at 4865 Ferncroft Drive, subject to the conditions in the staff report. Motion passed 4/0.
Director Darling noted that this will be on the Council agenda for September 10, 2018.
5. MATTERS FROM THE FLOOR - None
6. REPORTS
• Liaison to Council
Council Liaison Johnson gave a brief report on matters considered and actions taken during Council’s
August 13, 2018 and August 27, 2018, meetings (as detailed in the minutes for those meetings).
Commissioner Eggenberger asked about the discussion surrounding single hauler garbage for the City.
Director Darling noted that she knows it is on an upcoming Council work session but is not sure of the date.
She stated that at the next Council work session there will be a full draft of the Comprehensive Plan
available, so she will open that up as a Planning Commission work session also.
Council Liaison Johnson noted that there was a certain process that had to be followed in order to discuss
the possibility of a single hauler, such as some regulatory notices to the haulers. He stated that a lobbyist
had sent out a flyer to the City that was misleading and noted that the City is following the required process.
He clarified that the idea being discussed is not a single hauler for the entirety of the City, but splitting the
City into three zones and that the haulers would have to competitively bid to get the zone. He noted that at
some point there will be a public hearing so the residents can give them feedback.
• Draft Next Meeting Agenda
Director Darling stated there are two variance applications slated for the September 18, 2018, Planning
Commission meeting, however she may push one of them to the October 2, 2018 meeting. She asked for a
volunteer to present to the Council in September since Chair Maddy was not at tonight’s meeting.
Commissioner Eggenberger stated that he can attend the September 10, 2018 Council meeting, but noted
that he will be not able to attend the September 18, 2018 Planning Commission meeting.
7. ADJOURNMENT
Riedel moved, Gorham seconded, adjourning the Planning Commission Meeting of August 28, 2018,
at 8:38 P.M. Motion passed 4/0.
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Page 2
BACKGROUND
Context: The lot was created in 1920 as part of the Minnetonka Manor Subdivision. The existing single -
story home was constructed in 1920 and two bedrooms and single -stall garage were added in 1967. A tree
fell on the home in May of this year and the home suffered substantial damage. The property is within the
shoreland district of Lake Minnetonka and Lake William. No portion of the property is within a wetland or
floodplain overlay district. The adjacent properties are all developed with single family homes.
Tree preservation applies to the property. The applicant has indicated that they do not plan to remove any
trees, however, the 26 -inch maple on the south side of the home is too close to construction to be
considered saved. Consequently, with the building permit application, the applicant would need to indicate
three new trees planted on the lot whether or not the applicants attempt to keep the tree alive during
construction.
Additionally, the city recently removed two trees from the public right -of -way. One of the trees lost the
limb that harmed the home and the second is another tree that was evaluated by the tree consultants and
found to be a hazard. As these trees were in the right -of -way and were removed due to age /health, they are
not considered significant nor required to be replaced.
ANALYSIS
The applicant indicates that the request is to remove the existing home and build a new two -story house.
Section 1201.03 Subd. 1 e. of the zoning regulations state that a lawful nonconforming use of a parcel of
land may be changed to lessen the nonconformity of the use. Because coverage would not increase with
the application and because the non - conformity existed prior to the adoption of the shoreland
regulations, the proposed amount of impervious surface coverage would continue in a non - conforming
fashion. When the impervious surface coverage is decreased on the property, it may not be expanded
without a variance.
The applicant has indicated they would include a rain garden in the low part of the front yard (along
Forest Drive) to help control the rate of run -off from the site.
Lot Size
Re wired
- Existing
Pro osed
Impervious Surface Coverage
25 % (max.)
30.01%
29.93%
Section 1201.03 Subd. 1 e. of the zoning regulations state that a lawful nonconforming use of a parcel of
land may be changed to lessen the nonconformity of the use. Because coverage would not increase with
the application and because the non - conformity existed prior to the adoption of the shoreland
regulations, the proposed amount of impervious surface coverage would continue in a non - conforming
fashion. When the impervious surface coverage is decreased on the property, it may not be expanded
without a variance.
The applicant has indicated they would include a rain garden in the low part of the front yard (along
Forest Drive) to help control the rate of run -off from the site.
Lot Size
Section 1201.03 Subd. 2 c. (3) of the zoning regulations states that an existing residential lot of record
that does not meet the lot area/width requirements, may be developed with a single - family dwelling
provided that:
• It is in separate ownership from abutting lots (the applicants own no additional adjacent
in property)
• Area and width are within 70 percent of the required (lot width conforms, area does not)
• The ratio of the floor area of all structures to lot area shall not exceed 30 percent
(proposed 38.7 percent)
Required
- Exis ingk
ercent of Required
-Lot Width
75 ft (min.)
54 ft
72%
Lot Area
10,000 sf (min.)
6,927 sf
69%
Section 1201.03 Subd. 2 c. (3) of the zoning regulations states that an existing residential lot of record
that does not meet the lot area/width requirements, may be developed with a single - family dwelling
provided that:
• It is in separate ownership from abutting lots (the applicants own no additional adjacent
in property)
• Area and width are within 70 percent of the required (lot width conforms, area does not)
• The ratio of the floor area of all structures to lot area shall not exceed 30 percent
(proposed 38.7 percent)
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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 notes that the Planning Commission could find that the
request is not the minimum action necessary to alleviate the practical difficulty in regards to the
rear setback, but find the applicant has proposed the minimum action to alleviate the practical
difficulty for the lot width, lot area and setback to the property line along Woodend Place.
Based on the floor plan, staff notes that the applicant could reduce the length of the home (north to
south) to meet or reduce the rear setback request by reducing the area of the loft on the upper level
and the mudroom on the lower level.
FINDINGS/RECOMMENDATION
Staff finds the variance proposal meets the criteria above and recommends approval of the variances
while acknowledging that the variance criteria are open to interpretation. Consequently, the Planning
Commission could reasonably find otherwise.
Should the Planning Commission recommend the variances, staff recommend the following be included
as conditions of approval (to be met prior to issuance of a building permit):
1. The applicants must acquire all necessary permits and no construction activity may occur
until the permits are issued.
2. The applicants shall submit a tree preservation plan consistent with City policy with their
building permit application.
3. The applicants must submit the design of the rain garden with their building permit
application.
ATTACHMENTS
Location map
Correspondence Received
Applicants' narrative and plans
S:TImming0mming Fi1es\App1icaGom,\2018 CasesMeacon VAR Forest DNC memo 6 i 18.docc
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Marie Darling
From: Dirk Koentopf <dirkherb @gmail.com>
Sent: Friday, August 24, 2018 1:12 PM
To: Marie Darling
Cc: Nyla Hoffman; cjsold100 @aol.com
Subject: 21055 Forest Drive
To Whom it May Concern,
We are the neighbors directly across the street from 21055 Forest Drive in Shorewood and have discussed the house
that Susan and Cary Deacon want to build.
This property would represents our primary view from our home and likely makes us the most affected in the
neighborhood by this property's status.
We are in full support of the project and any Variances proposed.
We believe this would be a fantastic addition and significant improvement to the neighborhood and community.
Respectfully,
Dirk Koentopf
and
Nyla Hoffman
4989 Woodend PI
Shorewood, MN 55331
612.990.3400
1
Marie Darling
From: Colleen Johnson <cjsold100 @aol.com>
Sent: Monday, August 27, 2018 4:17 PM
To: Marie Darling
Cc: cary.deacon @gmail.com; sookiedeacon @gmail.com
Subject: Re: 21055 Forest Drive
To Whom it May Concern,
We are the neighbors across the street from the home at 21055 Forest Drive in Shorewood. We feel
Cary and Susan Deacon have had a major hardship on this property. The home is unable to be
rehabbed.
We are in full support of the project and any variances proposed.
We believe this would be a fantastic addition and significant improvement to the neighborhood.
Thank you,
Colleen and Jeff Johnson
5015 St Albans Bay Rd
Shorewood, MN 55331
612- 275 -9734
Marie Darling
From: Scott Hohag <hellhammer17 @gmail.com>
Sent: Tuesday, September 18, 2018 11:42 AM
To: Marie Darling
Subject: 21055 Forest Drive Variance
Hello. I did get the notice about the property at 21055 Forest Drive but will not be able to attend the
meeting. I believe that approving the plan/variance for this property would be a nice addition to the
neighborhood. This lot is similar to the property across the street from my house (20920 Forest Dr) that was
torn down and rebuilt. That house has added excellent curb appeal to neighborhood and I feel that approving a
project at 21055 Forest Drive would do the same.
Thanks
Scott Hohag
20965 Forest Dr.
Shorewood, MN 55331
21055 Forest Drive
Shorewood MN 55331
City of Shorewood Planning Meeting
Marie Darling • August 2, 2018 9:30 AM
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Cary Deacon • cary.deacon @gmail.com • 404707 -1377
Wednesday, August 1, 2018
Dear Mayor of Shorewood and City Council Members,
Our names are Susan and Cary Deacon. We are Minnesota residents and we are
looking for a variance to build on our lot located at 21055 Forest Drive. The current
house was built in 1920 and it does not meet any of the current zoning
requirements. The current lot size is 6,927 square feet and located on the corner of
Forest Drive and Woodend.
In May 2018 a tree located on City of Shorewood property fell and destroyed 75% of
the house. The City has stated via the planning department that they have no
liability with regard to damages and expenses of tree removal, clean up and related
costs.
The estimated costs to rebuild this nearly century old house are untenable and the
sane decision would be to build a new house on the property.
We are proposing a two -story house on the property. We are not asking for any
significant variances than what the existing structure had other than height We are
staying just slightly below the existing Hard Cover.
We wanted to do something that we felt would mesh well with the typical
architecture in Shorewood but still have a contemporary look. We like this look,
especially the front because it makes the house feel smaller and more proportional
to the street /neighborhood. The roof design with this does a great job for this home
and its well below the height code for Shorewood. The exterior look is somewhat
like the Moe Residence at 20920 Forest Drive where a variance was granted in 2015
due to lot difficulties.
We respectfully ask for your support and consideration for the variance approval.
Please do not hesitate to contact me with any questions or concerns.
Thank you...Susan & Cary Deacon
4016 Grand Chevalle Pkwy, Chaska MN 55318
cary.deacon @gmail.com 404 - 707 -1377
Variance Application Checklist
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 resulting house construction will be used as a residential dwelling with a look
consistent with the neighborhood and is in harmony with the general purpose of the
zoning regulations.
2 The applicant has established that there are practical difficulties in complying with this
Cha=pter. Practical difficulties mean:
(b) The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
The current house was built in 1920 and it does not meet any of the current zoning
requirements. The current lot size is 6,927 square feet and located on the corner of
Forest Drive and Woodend.
In May 2018 a tree located on City of Shorewood property fell and the house
suffered catastrophic damages. The house was not insured as we were just planning
to determine what we needed to do to live there. The City has stated, via the
planning department, that they have no liability with regard to damages and
expenses of tree removal, clean up and related costs. We have incurred substantial
expenses for tree removal and clean up.
The estimated costs to rebuild this nearly century old house are untenable and the
sane decision would be to build a new house on the property.
Due to the extremely small lot size and being on a corner building a reasonable sized
house is very difficult. The existing structure built in 1920 has approximately 30.1%
hard cover. Our new plan was an attempt to bring the house as close to the existing
hard cover and it came in at 29.9 %. Also we were able to bring the Front of the
house to the 30 foot setback regulation.
The main floor has 1116 finished square feet with the total finished square feet
approximately 2300 square feet
Cont'd on next page
(c) The variance, if approved, would not alter the essential character of the locality.
We are proposing a two -story house on the property. The Mid Point height is 28 feet
well below the 35 foot requirement.
We wanted to do something that we felt would mesh well with the typical /older
architecture in Shorewood but still have a contemporary style. We like this look,
especially the front because it makes the house feel smaller and more proportional
to the street /neighborhood.
There are some homes that get built that tend to feel too large, the roof design with
this does a great job hiding the true size of this home and its well below the height
code for Shorewood. We believe its has a really nice, clean look but with good
detailing.
We are not removing any trees. We will also be providing appropriate drainage to a
rain garden.
3 The variance would not be based exclusively on economic considerations.
We believe there are lot size and age and poor construction of the existing structure
that necessitate the variance approval NOT financial considerations.
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.
We believe the variance to be almost the same size as the existing structure other
than a second story that is well below the requirements does not impact any points
as defined in point 4.
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 a danger to public welfare nor injurious.
Cont'd on next page
6 The variance is the minimum variance necessary to address or alleviate the practical
difficulties.
We believe this to he true.
21055 Forest Drive
Shorewood, MN 55331
Owner: Cary & Susan Deacon
Current Conditions
The current house was built in 1920 and it does not meet any of the current zoning
requirements.
In May 2018 a tree located on City of Shorewood property fell and destroyed 75% of
the house. The City has stated via the planning department that they have no
liability with regard to damages and expenses of tree removal, clean up and related
costs.
The estimated costs to rebuild this nearly century old house are untenable and the
sane decision would be to build a new house on the property.
Current clean up expenses are close to $4500.00.
The current lot size is 6,927 square feet and located on the corner of Forest Drive
and Woodend.
Existing Hardcover
2080 Sq. Ft.
30.01/0
Existing Setbacks
Front 27'
Rear 27'
Streetside 14'
Side 17
Proposed Height
Mid Point 28'
Proposed Hardcover
2073 Sq. Ft.
29.9%
Proposed Setbacks
30'
22.8'
15'
12.2'
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From: m I <mlittfin @hotmail.com>
Date: Tuesday, July 10, 2018
To: Cary Deacon <cary.deacon @gmail.com>
Subject: RE: 21055 Forest Drive
Hey Everyone,
Included is a revised presentation with the revisions to the floorplan as
well as my first attempt at the basement. We are fairly open with what
we can do, so if you want something different, just let me know. I also
included my first attempt at the exterior front and road side. I wanted to
do something that I felt would mesh well with the typical /older
architecture in Excelsior and Shorewood but still have a contemporary
style look. I like this look, especially the front because it makes the house
feel smaller and more proportional to the street /neighborhood. There
are some homes that get built that tend to feel too large, the roof design
with this does a great job hiding the true size of this home and its weel
below the height code for Shorewood. It's got a really nice, clean look
but good detailing that is going to stand out and is considered timeless
so you don't have to worry about it going out of style.
Let me know what you think.
Thank you,
I..I1I TFIN 1 111-`11(&
Mitchell Littfin
littfin il.co
320 -224 -7844
www.LittfinDesign.com
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