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04-02-19 Planning Commission MeetingCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY APRIL 2, 2019 CALL TO ORDER 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES March 5, 2019 3. PUBLIC HEARINGS COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. AGENDA ROLL CALL / (LIAISON) SCHEDULE MADDY (May) GORHAM (tbd) EGGENBERGER (Jul) GAULT (Jun) RIEDEL (Apr) A) BOSWORTH P.U.D. AMENDMENT TO ALLOW TATTOO SERVICES Applicant: Jonathan Higgins Location: 6140 Lake Linden Drive (HealthSense Campus) B) C.U.P. FOR A SPECIAL HOME OCCUPATION PERMIT (WOODWORKING Applicants: Thomas Ramy Location: 5825 Country Club Road C) C.U.P. FOR TWO NEW PARK BUILDINGS IN BADGER PARK Applicant: City of Shorewood Location: 5745 Country Club Road (Badger Park) 4. OTHER BUSINESS A) FRONT SETBACK VARIANCE Applicants: Ayman Abdelsamie Location: 5960 Grant Street 5. MATTERS FROM THE FLOOR 6. REPORTS Council Meeting Report Draft next meeting agenda 7. ADJOURNMENT CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MARCH 5, 2019 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 Gault, Eggenberger, Gorham and Riedel; Planning Director Darling; and, Council Liaison Johnson Absent: None 1. APPROVAL OF AGENDA Riedel moved, Gault seconded, approving the agenda for March 5, 2019, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES February 5, 2019 Riedel moved, Gorham seconded, approving the Planning Commission Meeting Minutes of February 5, 2019, as presented. Motion passed 5/0. 3. PUBLIC HEARINGS - NONE 4. OTHER BUSINESS A. Setback Variances for an Inground Swimming Pool and Patio (Referred back from City Council at their January 14, 2019 meeting) Applicant: Tim and Sally Butler Location: 6035 Spruce Hill Court Planning Director Darling explained that this item is back before the Planning Commission because the Council had reviewed the request and sent it back to the Commission. She explained that the Council wanted to know if the recommendation from the Commission would have been different in light of new information that was not available the first time it was presented to the Commission. She gave an overview of the variance requests for setback distances from the applicants. She noted that the new information includes; the seventy foot drainage and utility easement along the rear if the adjacent property to the north; the fact that Lennar Homes is not willing to sell the applicant land in order to meet the setbacks; that Lennar Homes has also submitted a letter indicating that they have no objection to the approval of the variances to allow the pool to be constructed in this location; and a letter from the pool contractor indicating that a four -foot concrete apron is needed. Commissioner Riedel confirmed with Planning Director Darling that there had been no changes to the application and this was being brought back to the Commission because of the new information. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 2 of 8 Planning Director Darling noted that the applicants had submitted a PowerPoint presentation that included the support from their neighbors for this variance request. Commissioner Eggenberger asked which home belonged to the Aharts at 6090 Spruce Hill Court. Planning Director Darling pointed out the home from the aerial photographs. Commissioner Gorham asked about the discussion at the Council meeting about the definitions from the League of Minnesota Cities. He noted that the City Attorney had weighed in at the Council meeting and asked if there was additional information the Commission should consider surrounding the definitions. Planning Director Darling suggested that the Commission walk through each of the criteria again. Commissioner Riedel asked if the differing definitions were between "practical difficulties" and "hardship ". Planning Director Darling stated that is correct, but noted that the definition has not changed since the first time the Commission reviewed this application. She noted that she believes it was changed in 2012 or 2013. She outlined the conditions for allowing a variance. Tim Butler, 6035 Spruce Hill Court, apologized for the excessive amount of data he provided in the PowerPoint, but he had done a lot of research and wanted to include it. He stated that the term "reasonable use" may need some realignment from the Planning Commission. He noted that included in the previous recommendation was that they felt the property owner already has reasonable use of the property so it did not meet that condition. He stated that based on his research with the League of Minnesota Cities that is not the correct application of the reasonable use factor. He stated that his interpretation is that it should not consider the current use of the property but whether the request would be considered an unreasonable use. Commissioner Riedel stated that he thinks what will be pivotal to this discussion is whether the practical difficulty is unique to the property. Mr. Butler stated that having a seventy -foot drainage and utility easement behind his property makes it unique because of the shape of the lot, the house location and the fact that it is fully wooded and will not be visible for six or seven months out of the year. Commissioner Riedel stated that those, to him, are justifications as to why the variance may have less of an impact. Mr. Butler stated that he does not recall the discussion of "uniqueness" for the original reasons the Planning Commission recommended denial and asked if someone could point it out in the staff report. Commissioner Riedel read aloud a portion of the section on practical difficulties and the three factors to be met. Mr. Butler stated that he would need a minute to respond because the recommendation that was sent to the Council did not include that language. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 3 of 8 Planning Director Darling reviewed the long version of the conditions of practical difficulties that are included in the code. She noted that there is some subjectivity included in the criteria and gave examples of how it can be used. Commissioner Gault asked about the site of the pool and noted that the contractor says a four - foot apron is needed around the pool but also there is an eight -foot apron on the house side of the pool. He asked if both the four- and eight -foot aprons are necessary for the enjoyment of the pool. Mr. Butler stated that the contractor is not present tonight, but his understanding is that the four - foot apron will be necessary for the automatic pool cover. He explained the reason for the eight -foot apron near the house is for safety reasons and is primarily to prevent small children from jumping from the deck into the pool. Commissioner Gault stated that if the aprons could be reduced, that makes the variance asked for smaller which may make it easier for the Commission to consider. He stated that the enjoyment of a pool is not driven by an automatic cover rather than a manual cover. Mr. Butler stated that he realizes it is subjective, but he feels that he would enjoy the pool more with an automatic cover especially for the safety of his children when no adult is present. Commissioner Riedel asked what type of patio was being asked for. Mr. Butler stated that they are proposing five feet on the north side, ten feet on the east side, but he was not sure of the patio sized on the other side. Chair Maddy stated that the drawings the Commission has show five feet to the north, eight feet to the south and twelve feet on the east and west sides. Mr. Butler stated that he feels it is reasonable to want to put patio furniture on the patio near the pool. He noted that there was research included in the PowerPoint presentation regarding the amount of space needed to safely walk around patio furniture. Commissioner Riedel asked why moving the well would not be an option. Mr. Butler stated that even if the well would be moved, there would still need to be a variance for the setback for the patio. Commissioner Riedel stated that he would like to know why a smaller pool could not fit within the setback requirements in the northeast corner of the property. Mr. Butler stated that he and his wife have four children and putting in a smaller pool or swim spa would not work for their sized family. Commissioner Gault stated that putting a pool in the northeast corner looks like it may have more impact on the neighbor, as well. Mr. Butler stated that, visibility wise, it would have much more of an impact in that location. He stated that their proposed location makes it the least visible to their neighbors. Chair Maddy reviewed the criteria for considering a variance CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 4 of 8 The Commission discussed the ordinance and the required amount of concrete around the pool Planning Director Darling read aloud from the ordinance about pool construction and decking and patio. She stated that the ordinance exempts the pool apron but noted that there is a conflict between the zoning ordinance and the building code. Chair Maddy confirmed that the required three -foot concrete apron is not considered part of the patio. He asked whether the Commission felt that the practical difficulties and the variance request is unique to the property and not created by the property owner. Commissioner Gault stated that there is no place on the property that a similar pool could be placed without running into setback issues. He stated that he is willing to consider this because of the easement on the back of the property. Chair Maddy noted that there is essentially an eighty -foot drainage easement behind this property that nobody will build on, so the proposed pool may meet the essential character condition. Commissioner Riedel stated that the code does not say a variance can be granted because the property is unique, it states that it can be granted if the practical difficulty is unique. He stated that a drainage and utility buffer on the backside of a property is not a practical difficulty but is a feature that mitigates the impact of the variance. He noted that he understands that this is all subjective. Commissioner Gorham agreed that the new information does not shed any new light on the situation, but does lessen the impact. He stated that to him, this is an amenity and he essentially agrees with Commissioner Riedel. Commissioner Riedel stated that he wanted to counter his own argument and agrees that the lot is a funky shape. He stated that the strongest argument for practical difficulty is because of the irregularly shaped lot that has the long strip of unusable land. Commissioner Eggenberger stated that the applicants are proposing a pool in a secluded area behind the house, the property behind it has no problems with it, and it is heavily wooded. He stated that he does not see a problem with granting the variance. Commissioner Gault noted that the lot behind Mr. Butler's property has been sold. Planning Commissioner Darling noted that Lennar Homes will be the property owner until the house is built. Chair Maddy stated that building a smaller pool in the front of side yard would alter the character of the neighborhood and would not require a variance. He stated that to look at this another way, their proposed plan that requires a variance, is actually keeping the essential character of the neighborhood. Eggenberger moved, Gault seconded, to recommend the City Council approve of the request for Setback Variances for an Inground Swimming Pool and Patio for Tim and Sally Butler located 6035 Spruce Hill Court, with conditions A, B and to modify C to limit the north side apron to 36 inches, all as outlined by staff. Motion passed 3/2 (Riedel and Gorham). CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 5 of 8 B. Lot Line Rearrangement and Lot Area Variance Applicant: David Boike and Chadd Schurr Location: 25875 Valleywood Lane and 5550 Meadowview Road Planning Director Darling explained that the property owners are requesting a property exchange to correct property line encroachment and title issues. She stated that the property owners at 5550 Meadowview Road constructed a new home and their surveyor found that the neighbors sport court was constructed over the lot line. She stated that the two property owners decided to correct the situation by exchanging some land. She noted that the surveyor also found that both property owners were claiming a strip of the land as their own, which is a title situation. She stated that this land exchange will also correct the title issue. She explained that a variance would be required because one parcel will be decreasing in size and currently does not meet the requirements for lot area. She stated that the variance criteria are a bit different because the properties are under the subdivision ordinance. She briefly reviewed the criteria for granting the variance in a subdivision ordinance. Staff recommends approval of the lot line adjustment and to grant the variance to lot area. Tasha Francis and Chadd Schurr, 5550 Meadowview Road, noted that they had explored trying to resolve this through their title insurance, but they basically told them to resolve it on their own. She stated that they have just been trying to work with the Boikes to resolve this because their sport court and their deck encroaches on the property line. She stated that they have no problem with the variance request for the property. Planning Director Darling noted that if the City approves this, the deck will be conforming. Commissioner Riedel commended the homeowners for working together amicably and coming up with a solution. Riedel moved, Eggenberger seconded, to recommend the City Council approve the Lot Line Rearrangement and Lot Area Variance for David Boike and Chadd Schurr located at 25875 Valleywood Lane and 5550 Meadowview Road, to approve the lot line adjustment affecting both properties, grant the variance to lot area for the property at 25875 Valleywood Lane, subject to applicant's submission of executed 10 -foot drainage and utility easements. Mr. Schurr asked for an explanation of the 10 -foot drainage and utility easement and how that effects their newly constructed home. Planning Director Darling gave a brief explanation of the City requirements for the perimeter of both lots to have a 10 -foot drainage and utility easement. Motion passed 5/0. C. Minor Subdivision Applicant: Melanie Hermann Location: 24775 Glen Road Planning Director Darling explained that the property was originally created as two separate lots and at some point, were consolidated. She stated that the property owner recently demolished the existing home and pool and received a building permit to construct one new home on the west side of the lot. She stated that the applicant is requesting a subdivision of the lot back into two lots. She reviewed some of the wetland delineation and wetland buffer conditions and CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 6 of 8 noted that the stormwater runoff drainage pattern will change which may require a rain garden to manage the change. Staff is recommending approval with the conditions as outlined in the staff report. Melanie Hermann, 24775 Glen Road, stated that she wants to preserve as many of the trees as possible to preserve the beauty of the lot. She stated that there are options for a rain garden or drain tile to mitigate the impact of the run off. Bruce Gamich, 2361 Crescent Avenue, Mendota Heights, stated that he was a friend of Ms. Hermann's and pointed out the elevation on the lot. Ms. Hermann stated that she is fine with the conditions staff has outlined. Gorham moved, Eggenberger seconded, to recommend the City Council approve the Minor Subdivision for Melanie Hermann at 24775 Glen Road, subject to conditions listed in staff report. Motion passed 5/0. D. Discuss Potential Amendments to Lighting Ordinance Planning Director Darling noted that at the January 15, 2019 meeting, a resident spoke during the "Matters from the Floor" portion of the meeting regarding concerns about lighting on the adjacent property. She noted that this property owner had submitted some ideas for potential code amendments for the City to consider with regard to lighting. She noted that she had summarized the research from other community ordinances in the staff report. She stated that she recommends at least updating the nuisance lighting portion of the ordinance, and limiting the lighting that can be used to illuminate a sign, but does not recommend making a restriction on holiday lighting because of First Amendment concerns. Commissioner Eggenberger stated that he would like to table this discussion until the May meeting to allow for time to study the information she had gathered. Planning Director Darling noted that she is not looking for a particular code amendment but would like some comments and opinions from the Commission as to whether the Lighting Ordinance needs updating. She explained that she would just like feedback on areas where the Commission would like to see her improve the code. Cindy Marr, 1615 Chaska Road, stated that what she would like to see a timing element added to the code for the extra lights that Shorewood Landing has and gave the example of them having to be turned off at 11:00 p.m. She stated that there are 28 balconies from this building looking at her yard that could all have Christmas lights. She noted that she has no problem with Christmas lighting, but is concerned about the timing and the duration. She reiterated the problem with their sign lighting blocking her vision when she is in her driveway. Commissioner Gorham stated that hooded spotlights should be included in the ordinance. Commissioner Riedel stated that he would like to see the code be made so it is simple, clear, and more objective rather than subjective. Chair Maddy stated that he would like to see light not shine off of any properties and stay on their own. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 7 of 8 Ms. Marr stated that the Shorewood Landing has put lighting along the top of their building and that is not Christmas lighting. Chair Maddy explained that the Commission is just talking about the lighting ordinance as a whole and not just looking at Shorewood Landing. Commissioner Gault stated that he feels holiday lighting could have some regulations in order to help people respect their neighbor, similar to the noise ordinance that has certain levels of decibels allowed overnight. Planning Director Darling stated that the City would have to be very careful how the language was crafted in order not to infringe on First Amendment rights. Commissioner Eggenberger stated that he would like to see language that requires hooded lighting. Commissioner Riedel stated that he was uncomfortable restricting timing of lights. The Commission discussed areas of the code that they would like to see addressed in the code such as; uplight, glare, intensity, max lumens, and commercial lighting levels. E. 2019 Planning Commission Schedule and Work Program Eggenberger moved, Gorham seconded, to nominate Dustin Maddy to serve as Chair and Mark Riedel to serve as Vice - Chair. Motion passed 5/0. Chair Maddy asked if there was anything anybody would like to change on the 2019 Schedule and Work Program. Commissioner Gault will handle the Council update in June and Commissioner Eggenberger will handle the Council update in in July. 5. MATTERS FROM THE FLOOR - NONE 6. REPORTS • Council Meeting Report Council Liaison Labadie reported on matters considered and actions taken during Council's February 25, 2019, meeting (as detailed in the minutes for that meeting). She stated that there was also a Mayor's Forum held recently at the Shorewood Event and Community Center with the local mayors. She stated that it was well attended and she stepped in because Mayor Zerby could not attend. She highlighted a few of the questions that were asked by the residents and some of the discussion from the event. She noted that LMCC filmed the event and it will be available to be watched at a later date. • Draft Next Meeting Agenda Planning Director Darling stated that at the next meeting there will be a development agreement and a home occupation request. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 8 of 8 Commissioner Eggenberger noted that he will not be able to attend the April 2, 2019 Commission Meeting. • Census 2020 Planning Director Darling stated that this is an informational item and noted the census will likely be sending out postcards as soon as March 12, 2019. She stated that it is important that as many people as possible complete the census because it determines funding and congressional representation. She noted that there are now on -line submission options to fill out the census forms. • Nest Planning Director Darling noted that there is maintenance that has to occur on the tower separate from the recent application to collocate and array on the existing monopole. She stated that they have received a permit from the DNR to remove the osprey nest if it is unoccupied. She stated that this did not mean that it is a permanent removal and thinks it is likely to be rebuilt. Planning Director Darling stated that if anyone on the Commission no longer wants to receive a paper packet for meetings, to let her know and she will only send the electronic version of the packet to them. Chair Maddy suggested that when there is a meeting that has a large packet that Planning Director Darling e-mail the Commission and ask if they would like to just receive it as an electronic packet. Commissioner Riedel suggested that it be up to Planning Director Darling's discretion to include links to pertinent information rather than hard copies of all documents. 7. ADJOURNMENT Riedel moved, Gorham seconded, adjourning the Planning Commission Meeting of March 5, 2019, at 9:03 P.M. Motion passed 5/0. 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: April 2, 2019 APPLICANT: Jonathan Higgins REQUEST: Bosworth PUD amendment: tattooing (body art establishment) as an allowed use LOCATION: 6140 Lake Linden Drive ZONING: PUD (Planned Unit Development) LAND USE CLASSIFICATION: C (Commercial) REVIEW DEADLINE: June 21, 2019 FILE NUMBER: 19.06 `if, REQUEST The applicant requests a PUD amendment to allow a pp re q body art establishment in the Boswoth PUD. He plans to open a new business at 6140 Lake Linden Drive. Last year, the applicant had proposed a text amendment to the zoning ordinance to allow him to open a shop in the shopping center across the street, but was not able to secure a lease. Staff found that the Bosworth PUD is based on the R -C zoning district, which does not allow body art establishments and the PUD specifically excluded tattooing (attached). To occupying a tenant space, the PUD must be amended. Notice of this application was published in both of the official city newspapers and mailed to all residents within 750 feet of the subject property at least 10 days prior to the public hearing. Page 2 Context: The Bosworth PUD was approved in 2004 and included the uses allowed in the R -C zoning district with the following exceptions. The PUD: • Excluded nurseries and garden supply businesses • Allowed daycare centers with more than 10 children by CUP • Allowed day spas up to 5,000 square feet in area, except that tattoo and body piercing services were excluded In 2018, the City of Shorewood amended the zoning regulations to allow body art establishments as a use in the C -1 zoning district. ANALYSIS The applicant has indicated that he would like to rent an approximately 300 - square foot tenant space in the lower level of the building near a salon. To review the application, staff used the following criteria: • Consideration of the specific policies and provisions of the Comprehensive Plan • Compatibility with present and future land uses in the area • Likelihood to depreciate the area • Accommodation of the existing public services or service capacity Comprehensive Plan: The applicant's plan is to operate a commercial business in an area that is guided for commercial uses. As body art establishments are an allowed use elsewhere, staff finds the proposal would be compatible with the land use classification. Compatibility /Depreciate the Area: As the adjacent C -1 commercial zoning district allows body art establishments, allowing the applicant's use in this PUD would not be out of character with the surrounding area nor tend to depreciate the area. Public Services: The applicant's use would have no impact to either the quality or quantity of public services. Licensing: The State of Minnesota requires all body art technicians and establishments to be licensed. Staff recommend a condition that requires the applicant to submit a copy of his license prior to opening the business. RECOMMENDATION: Staff recommends approval of the request, subject to the following conditions: 1. The applicant must acquire all necessary building permits to convert the space for his use. 2. The applicant must provide a copy of his Minnesota license to operate a body art establishment. ATTACHMENTS Location map Applicant's narrative and plans 2004 Bosworth PUD ordinance and excerpt from the development agreement Es Minnetonka Country Club P.U.D. N A 300 600 1,200 Feet J� �U \ State nt Chanhassen /Carver Co. border Information regarding planned use of space for Historic Tattoo LLC, within PUD located at 6140 Lake Linden Drive Shorewood MN 55331. The space (currently suite 111, but per lease agreement, landlord will retain right to relocate tenant within premises if needed), will be used solely for the purpose of providing licensed body art modification (TATTOOING ONLY) in compliance with and regulated by the Minnesota Department of Health. This is the only service that will ever be provided. The space is already finished, and will require only cosmetic alterations /decorations. Initially, the business will have only one resident tattoo artist. The current space limits possible growth to a maximum of no more than 4 artists, each serving one client maximum at any given time. The likely operating capacity will be 1 -3 artists in the first 3 years. Besides the possible 1 -3 clients at any given time, it is reasonable to estimate less than 1 visitor per hour, or no more than 10 visitors in a 12 hour day (this would be a maximum estimate). A greater likelihood would be 0 -5 visitors per day, CITY OF SHOREWOOD ORDINANCE NO. 404 AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2. OF THE SHOREWOOD ZONING CODE — THE SHOREWOOD ZONING MAP Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to include the property described as: Parcel 1. The South 130 feet of the North 295 feet of Lots 16 and 18 as measured at right angles to the North line of said Lot 18, Linden Park, Hennepin County, Minnesota, according to the plat thereof Parcel 2. The North 165 feet of Lot 18, Linden Park, Hennepin County, Minnesota, according to the recorded plat thereof. in the P.U.D., Planned Unit Development zoning district. Section 2. This rezoning is subject to the conditions of the Development Agreement between the property owner, its successors and assigns, and the City of Shorewood, dated 23 November 2005, attached hereto and made a part hereof. Section 3. Failure of the property owner, its successors and assigns to comply with the Development Agreement referenced in Section 2. shall result in the zoning of the property reverting back to R -C, Residential/Commercial. Section 4. That the Zoning Administrator is hereby authorized to revise the Zoning Map of the City of Shorewood to include the property in the P.U.D., Planned Unit Development zoning district. Section 5. That this Ordinance shall be in frill force and effect upon publishing in the Official Newspapers of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of May 2004. WOODY LOVE, MAYOR ATTEST: CRAIG,rDAWSON, CITY ADMINISTRATOR/CLERK CITY OF SHORE' WOOD PLANNED UNIT DEVELOPMENT AGREEMENT DR. KELLY BOSWORTH THIS AGREEMENT, made this;' day of X005, by and between the CITY OF SHOREWOOD, a Minnesota municipal corpor Lion (hereinafter the "City "), and BOSCO, Inc., (hereinafter the "Developer "). WHEREAS, the Developer has an interest in certain lands located at 6120 and 6140 Lake Linden Drive, legally described in Exhibit A, attached hereto and made a part hereof (hereinafter the "Subject Property "); and WHEREAS, the Developer proposes to redevelop the Subject Property with a renovated and expanded office building at 6140 Lake Linden Drive and future construction of a new office building at 6120 Lake Linden Drive (collectively the "Project "); and WHEREAS, the Developer has made application for a rezoning of the Subject Property from R -C, Residential Commercial to P.U.D., Planned Unit Development District (the "Application ") with the Zoning Administrator and submitted plans for the redevelopment of the Subject Property, the Concept Plan for which was considered by the Shorewood Planning Commission at its meetings of 6 January, and 9 March 2004, and at a meeting of the City Council on 23 March 2004, the minutes of which meetings are on file in the Shorewood City Offices; and WHEREAS, the Developer submitted Development Stage Plans that were considered by the Planning Commission at its meeting of 6 April 2004, and by the City Council at its 12 April 2004, the minutes of which meetings are on file in the Shorewood City Offices; and WHEREAS, upon recommendation of the Planning Commission, the City Council did consider and grant approval of the Application as set forth in the minutes of the Planning Commission meeting, dated 6 April 2004; an excerpt of which is attached hereto as Exhibit B and made a part hereof; and NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: CONDITIONS OF APPROVAL 1. Land Use. The Developer and his successors and assigns shall comply with the conditions of approval as adopted by the City Council and set forth in the Planning Commission's recommendation, attached hereto as Exhibit B,. In addition, development of the Project is subject to the zoning requirements of the R -C, Residential/Commercial District, as maybe amended and as modified below: a. Nurseries and nurseries with garden supply centers are excluded as uses for the Subject Property. b. Daycare centers serving more than ten (10) persons are allowed by conditional use permit, provided that: (1) The center shall be licensed by the State of Minnesota. No certificate of occupancy shall be issued for a daycare center until proof of approved applicable State licenses has been provided to the Zoning Administrator. (2) The center shall have an outdoor activity area complying with the following: (a) The activity area shall be at least 1500 square feet in area, and at least 75 square feet of area per child within the area at any given time during use. (b) The activity area shall be located within the buildable area of the lot. (c) The activity area shall be screened and landscaped to buffer neighboring residential uses. (d) The activity area shall be enclosed to prevent children from leaving the premises unattended. (3) Off - street parking must be provided in compliance with Section 1201.03 Subd. 5. of the Shorewood Zoning Code. The number of parking spaces required for a daycare center shall be one (1) space for each four (4) persons of licensed capacity. (4) Adequate short -term parking or drop -off area shall be provided within close proximity to the main entrance of the building. The short-term parking or drop -off area shall accommodate three (3) car spaces and shall be designated as temporary in nature. The short -term parking or drop -off area shall not conflict with off-street parking access or pedestrian movement. (5) When a daycare center is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required. (6) Daycare centers are limited to 4500 square feet in gross floor area. (7) The structure in which the daycare center shall comply with all applicable building and fire codes. (8) The provisions of Section 1201.04 Subdivision l.(d)(1) of the Shorewood Zoning Code must be considered and satisfactorily met. G. Day spas providing an array of health and wellness programs and treatments for individuals, are allowed by conditional use permit, provided that: (1) Day spas, whether as principal or accessory uses shall not exceed 5000 square feet in area. 2. (2) Services provided may include various types of therapeutic massage and body work, facials and other skin -care services, reflexology, pedicures, manicures, hydrotherapy, exfoliation, aromatherapy, acupuncture, waxing, tanning, electric toning, electrolysis, steam and sauna facilities, nutrition and weight management, and the like, but not including bod piercing or tattooing. (3) Cosmetology services such as hair cutting, coloring and styling shall be incidental to the services listed in (2) above and shall be limited to four (4) chairs or stations. Similarly, nail services shall be limited to four (4) chairs or stations. Tanning facilities shall be limited to two (2) tanning beds or stations. (4) Off-street parking must be provided in compliance with Section 1201.03 Subd. 5. of the Shorewood Zoning Code. The number of parking spaces required for a day spa shall be one (1) space for each 200 square feet of net floor area (gross floor area minus 10 percent). Area devoted to cosmetology services listed in (3) above shall be calculated based on two (2) parking spaces for each chair or station. (5) Heating, ventilating and air conditioning equipment must be designed to prevent chemical odors from reaching nearby residential properties. (6) The provisions of Section 1201.04 Subdivision L(d)(1) of the Shorewood Zoning Code must be considered and satisfactorily met. 2. Site Plan/Building Setbacks. The Project shall be developed in accordance with the approved site plan as shown on Exhibit C, attached hereto and made a part hereof. The Subject Property shall be accessed by a single driveway from Lake Linden Drive. The site plan for the future office building at 6140 shall be subject to review by the Planning Commission and approval of the City Council. Building setbacks shall be as follows: a. Front: 35 feet b. },tear: 40 feet C. Side: 15 feet d. Setback from " W District boundary: 40 feet 3. Building Hecht /Construction. Principal structures shall not exceed two and one- half (2' /z) stories or 35 feet, whichever is least. Construction of the office building at 6140 Lake Linden Drive shall be in accordance with the approved design as shown on Exhibit D. Construction of the future office building at 6120 Lake Linden Drive shall be consistent with the character and quality of the design shown on Exhibit D. The base of the future building shall be constructed of brick or stone and shall be landscaped to minimize the visual height of the building. Plans for construction of the future office building shall be subject to review by the Planning Commission and approval of the City Council. 3. *in MEMORANDUM CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityha11gci.shorewood.mn.us TO: Planning Commission, Mayor and City Council FROM: Patti Helgesen MEETING DATE: April 2, 2019 APPLICANT: Thomas Ramy REQUEST: Special Home Occupation Permit (C.U.P.) LOCATION: 5825 Country Club Road REVIEW DEADLINE: June 26, 2019 LAND USE CLASSIFICATION: Low Density Residential ZONING: R -1 C FILE NUMBER: 19.07 REQUEST The applicant proposes to conduct a woodworking business in his attached garage on the subject property which requires approval of a special home occupation permit. Notice of this application was published in the City's official newspaper and mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. Ramy - Special Home Occupation Permit April 2, 2019 Page 2 BACKGROUND Context: The applicant owns the property at 5825 Country Club Road. The property is located in the R -1C, Single - Family Residential zoning district and contains 21,569 square feet of area. The property is on the corner of Country Club Road and Echo Road, across the street from the Minnetonka Country Club PUD. Mr. Rainy has applied for a special home occupation permit pursuant to the requirements of the Shorewood Zoning Code to make wood - crafted items such as fireplace mantels, wine racks, and other d6cor in his attached garage. A special home occupation requires approval of a conditional use permit (CUP). Section 1201.03 Subd. 12.d.(3)(b) of the Zoning Code provides that special home occupations may be conducted within an accessory building. As noted in the applicant's request letter, Mr. Ramy's woodworking craft started as a hobby and has evolved into a business and primary source of income. The use of the garage for his occupation is the main reason that it requires a special home occupation permit, versus a limited home occupation permit. ANALYSIS The applicant has addressed the general requirements of the Code in his request letter. As he points out, the equipment used in his woodworking shop is in line with what a typical hobbyist woodworker uses, and the activity will be conducted within his closed garage. It is worth mentioning that Mr. Rainy had already been using the garage for his woodwork for over two years, when it began as a hobby. We have no record of complaints regarding the applicant's activity. RECOMMENDATION Based upon Mr. Ramy's letter and the provisions of Section 1201.03 Subd. 12, the request complies with the requirements for a special home occupation permit. It is therefore recommended that the special home occupation permit be granted subject to the following conditions: 1. The initial permit is valid for one year, at which time it will be reviewed by the City. Any subsequent permits will be reviewed every three years. 2. No exterior storage of materials or equipment should be allowed. 3. No signage is allowed ATTACHMENTS: Location Map Property Survey Code Section Applicant's Narrative Neighbor's Comment -2- Tonka Bay L.R.T. - Re ionaI Trail e d 0 o � J � J O L C r cn Y L �Y s � -F- CO illet e C) 0 CO Subject e Property RI mt N C Ir 0 300 600 1,200 a 0 g � � o Feet . � L v N 0 O� a H Yellow Tr + L o e F� W 9 a 66 Q J U a J EDGE OFD BITUMINOUS b O CD C N 66 RECEIVED FEB 25 2019 ■ DESCRIPTION OF PROPERTY SURVEYED (Per Hennepin County property information mapping.) Lot 5, Block 3, Echo Hills 2nd Addition, Hennepin County, Minnesota NB2 °03135 ^VI % OD LagOp 9 3 71 rn N 973 �9j �y 573. 3 o+ �s� s T 9) V � Lo ,r W EDGE OF BIRIM INDUS 753.67 X �.. 1-;".E b 869.2 H< � 1 3 10 O 0' XAgO} 1 Nei o 18SA ' q ?RET. W. h�l less 11.7 - -- x909 x to SHOREWOOD GARAGE -97.1 / _ ^ITY OF ■ SURVEYOR NOTES — � � - - -- METAL CULVERT- METAL CU 1) Coordinate System is referenced to the Hennepin County Coordinate -C"K 9�p ��g !D o Z m System, NAD83 (2011 Adj.), Lambert Conic Conformal, Minnesota. rn 71 S G T 2) Elevations are referenced to the NAVD88 Datum. 12.2 m ECHO 3) All distances shown hereon are in feet and tenths or hundredths of a foot. �gENGNMARK. ROAD - 4) This survey was performed without the benefit of a title commitment. TOP OF IRON �eLEVA�ea'S.o _`--Site ° o"ocP^�, 50.0 --1-r' There may or may not be easements of record encumberin subject Y Y 9 1 , 969 -WOOD +9 �56 s property NB2 °03135 ^VI % OD LagOp 9 3 71 rn N 973 �9j �y 573. 3 o+ �s� s T 9) V � Lo ,r W EDGE OF BIRIM INDUS 753.67 X �.. 1-;".E b 869.2 H< � 1 3 10 O 0' XAgO} 1 Nei o 18SA ' q ?RET. W. h�l less 11.7 - -- x909 x to X4.1 -51b GARAGE -97.1 / _ p 11.2' I n'nl! wW •g LiL I 50.2__ __ 9752 X m 975.5 Z -C"K 9�p ��g !D o Z m a rn WELL W rn 71 S G T ___35____ �® O / 12.2 m 1 inch = 30 feet. i vT rn m/ �= 76.,a DECK X 965.1 ♦X m m \ Co ,., z N k \ 9� X l X B� _`--Site ° o"ocP^�, 50.0 --1-r' ° , 969 -WOOD +9 �56 s i11S m E70CRNG FI FVAIION� -1 970,x\ FENCE 07 9jj 91B j MAIN FLOOR -978.2 1 LOW FLOOR-969.3 I r , 970.9 % o �✓_ TOM RAMY _ I____ ONUS V 38.0 9hN. \X s I OT �i -S82 °08'58 „E I133.80 AI Ir11T/1 L))• -• ^I 1K . NI/1 Li V 5) The subject property is 5825 Country Club Rd, Shorewood, MN. The PID# is 33- 117 -23-41 -0020. 6) Please note that this survey is a limited topographic survey. The visible features were field located by EVS, Inc. on May 18, 2016. '-METAL CULVERT ENV -985.9 7) We have shown buried structures and /or utilities on and /or serving the site X'ss� to the best of our ability. Please note that we have not placed a Gopher State One Call for this survey. There may or may not be other utilities serving this site. Therefore extreme caution must be exercised before excavation takes place on or near this site. Before digging, you are g67 ” required by law to notify Gopher State One Call at least 48 hours in x9,y advance at 811. 8) Building setback distances provided by owner. ,p ■ LEGEND rn o CD x9� 0 FOUND IP STORM SEWER UTILITY POLE ❑ ❑ FENCE LvT � X910 SPOT ELEVATION a u OVERHEAD UTILITY WELL —1'0` BUILDING SETBACK V DIRECTION OF DRAINAGE ;J\ �� I FRUIT TREE N �J 777 (`J SPLIT BASSWOOD TREE ■ HARDCOVER CALCULATIONS _ EXISTING CONDITIONS AREA OF LOT HOUSE: 2,585 Sq. Ft LOT 5, BLOCK 3: 21,569.5 Sq. Ft. DECK: 145 Sq. Ft. RETAINING WALLS: 73 Sq. Ft BITUMINOUS DRIVEWAY: 937 Sq. Ft. CONCRETE SURFACES: 435 Sq. Ft. PERCENT HARDCOVER TOTAL HARDCOVER: 4,175 Sq. Ft. 4,175 / 21,569.5 =19.36 EiV,S ENGINEERING SURVEYING ENVIRONMENTAL PLANNING M,INO. l W]S NIMy Vinw Ranl,SUp 111 lC�n PMIrM, MMn -oM 61fu Mmrff]NIi]31 GRAPHIC SCALE 30 0 15 30 ( IN FEET ) 1 inch = 30 feet. VICINITY MAP 0- e�lIIT1T0'#R RO _`--Site ° T m 1E 0*- E tii� .;p. ri N STATE PROJECT TOM RAMY LOT SURVEY wA TION SHOREWOOD,MN SHEer BOUNDARY AND LIMITED TOPOGRAPHY # DATE REVISION q 1 3 1 HEREBY CBATIPYTHnTTHI<PLW OR REPOATmAS PREPARED p4 Bl' ME UNDER MI'DIRECTSUPptVI OR YI IAM ' ANDTHAT ADULYU 11- PROFEtS10NALSURVEI'ORUNDER C THE U®SOPTHESTATE OF MINNESOTA a d{ MA:RA80 P. ROL13R DATE a+e.xmf ARDlmunoN Nunmers .alr DRAWN B1' CHECKED BY � MPK MRW N DATE PROJECt# s 0525.16 2016 -061.2 6H=NUMHLR ;S 'R 1 OF 1 J Section 1201.03 Subd. 12 d.(1)(2)(3) - HOME OCCUPATIONS (1) General Provisions: (a) No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. (b) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. (c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. (d) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and State fire and police recommendations. (e) There shall be no exterior storage of equipment or materials used in the home occupation. (f) The home occupation shall meet all applicable fire and building codes. (g) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling. (h) All home occupations shall comply with the provisions of the City Nuisance Ordinance (Chapter 502 of the City Code). (i) No home occupation shall be conducted between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. unless said occupation is contained entirely within the principal building and does not require any on- street parking facilities. 0) Parking accessory to home occupations shall comply with the requirements of subdivision 5 of this Section. Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway. No vehicle shall be parked closer than twenty five feet (25') from the curb line or edge of the paved street surface. (2) Requirements - Limited Home Occupation (Allowed without a Permit) (a) No person other than those who customarily reside on the premises shall be employed. (b) All limited home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings. (c) Examples of limited home occupations include but are not limited to: art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time. None of the above shall service more than one person at a given time. (d) The home occupation shall not include any of the following: repair service or manufacturing which requires equipment other than found in a dwelling; teaching which customarily consists of more than one pupil at a time; over - the - counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in wholesale or retail outlets. (3) Requirements - Special Home Occupation: (Requires a Conditional Use Permit) (a) Not more than one person other than those who customarily reside on the premises shall be employed. (b) Special home occupations may be conducted within an accessory building. (c) Examples of special home occupations include: barber and beauty services, photography studio, group lessons, saw sharpening, small appliance and small engine repair and the like. (d) The home occupation may include any of the following: stock -in -trade incidental to the performance of the service, repair or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time. Zoning Code Section 2/25/2019 Thomas Ramy 5825 Country Club Rd Shorewood, MN 55331 612 - 709 -3588 RE: Special Home Occupation Business Type: Woodworking I am seeking a Special Home Occupation Conditional Use Permit at my residence located at 5825 Country Club Rd. I am a woodworker and currently use my garage (highlighted on attached site survey) to conduct my craft. My business operations conform to the general provisions outlined in Zoning and Subdivision Regulations. My business started as a hobby side business and is now my primary source of income; I conduct a maximum of 25 hours of shop time per week. I make fireplace mantels, wine racks, and other woodworking home decor. Most of my business occurs through ecommerce platforms which result in me dropping off packages at the Post Office in Excelsior as well as FeclEx Office in Chanhassen. The equipment I use is in line with what a typical hobbyist woodworker uses - table saw, miter saw, planer and other small handheld tools. The noise produced by these tools is mitigated within my closed garage and do not produce objectionable vibrations. The tools that I operate do not create any known electrical interferences. All of my materials and tools are stored within the confines of my garage. My business hours will be conducted between 7:00am and 9:00pm. Our property will maintain a minimum of 2 parking spaces for residential use on our driveway and the vehicle that I use for business will be parked no closer than 25 feet to the road. DECEIVED FEB 25 2019 (11Y N SI 10REWOOD Applicant's Narrative Marie Darling From: Tom R <tomramy @gmail.com> Sent: Tuesday, February 26, 2019 8:14 AM To: Planning Subject: CUP Special Home Occupation - Ramy 5825 Country Club Rd (Neighbor Letter) Marie, here is an email from my neighbor directly across the street from me. Please let me know if you need anything else, thanks! Regards, Tom Ramy 612- 709 -3588 ---- - - - - -- Forwarded message --- - - - - -- From: Dave Thorp <dave@davethorp.com> Date: Mon, Feb 25, 2019, 6:54 PM Subject: Re: Letter to the City To: Tom R <tomramy@gmail.com> Tom, you can forward this email to Marie at the Shorewood City Planning Department. Your work at home has no impact on the neighborhood. My home at 5795 Country Club Rd is directly across Echo Road for your home. Your business work in your garage has no impact on my property as it is not a retail business. Also I cant see how it could effect anyone else in our neighborhood. I believe the Planning Dept should approve your application. Dave Thorp Real Estate Agent Coldwell Banker Burnet Minnetonka- Excelsior Office 952- 356 -5855 mobile Neighbor's Comment 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 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Marie Darling, Planning Director MEETING DATE: April 2, 2019 APPLICANT: City of Shorewood REQUEST: CUP for Public Recreation Buildings LOCATION: Badger Park - 5745 Country Club Road LAND USE CLASSIFICATION: Public /Semi - Public ZONING: R -1 C FILE NUMBER: 19.08 REQUEST: The City proposes to construct two new park buildings in Badger Park: a picnic shelter and a restroom building. Section 1201.12 Subd. 4 allows public recreation buildings as a conditional use. The proposed picnic shelter would be 24 feet by 28 feet (roof line) and the restroom building would be 16 feet by 20 feet. Both buildings would be located between the tennis courts and the lacrosse field near the new playground. Building lights would be added to provide security above the doors in the restroom building and under the roof in the picnic shelter. No additional site lighting is proposed as part of this project. As part of the same project the playground would be replaced and new walking trails would be installed around the lacrosse field. Notice of this application was published in both the City's official newspapers and mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. Page 2 BACKGROUND Context: This is the third phase in the process of redeveloping Badger Park. In 2016, phase one included installing a new field. In 2017 -18, phase two included a parking lot expansion, which included removing the old warming house and restrooms. In addition to the park, the site contains City Hall. A utility building and the Shorewood Community and Event Center are located on adjacent properties. The site contains a linear wetland and mature trees. Regulation Required Proposed Conform? Impervious Surface Coverage 33% (max.) ±31% Yes Height (in feet) 15 ft. Shelter 13 ft. Yes Restroom 12 ft. Setbacks (in feet) CR 19 and Country Club 35 ft. Closest lot Yes East 30 ft. line 130 ft. South 40 ft. ANALYSIS In addition to the general criteria for a conditional use permit, the R -1 C zoning regulations provide specific conditions for granting conditional use permits for public recreation buildings. The specific and general criteria are as follows: Setbacks double (up to 30 feet): The closest property line to either structure is 130 feet. Adequate screening is in place from abutting residential uses and landscaping is provided in compliance: The existing landscaping is adequate to screen the two buildings from view by the adjacent neighbors. Although no additional landscaping is required on the site, the City has proposed seven overstory trees, six ornamental trees and 10 shrubs. The City proposes to use the shrubs and two — - - - ornamental trees to soften the view of the backside ._ of the lacrosse practice wall. The remaining trees would be planted throughout the playground area. Adequate off - street parking and access is provided on the site and the parking is adequately screened and landscaped: The parking lot serving the park, City Hall and the Community and Events Center is adequately sized for the number of vehicles anticipated. The parking areas are located across the park from residential uses and screened by existing trees. -2- Page 3 • Consistent with the Comprehensive Plan: The recreation buildings are in keeping with the public use of the site and are listed as scheduled improvements in the Community Facilities Plan. • Compatible with present and future land uses of the area: The property acts as a transitional land use between the commercial properties to the north and the residential properties to the east and south. • Use would not tend to or actually depreciate the area: Continued investment in public properties in general and parks specifically, is generally cited as motivating factors to increase private investment in properties. • Use can be accommodated with existing public services: Adequate municipal services are provided to the site to serve the restroom building. RECOMMENDATION Staff finds the request compatible with the general and specific standards found in the zoning regulations and recommends approval. The city would be responsible for acquiring the applicable building permits and any lighting added would be consistent with City Code. ATTACHMENTS: Location Map Building and Site Plans -3- Tonka Bay `— _' v ✓ Imo/ L.R.T. -Re ional Trail d 0 i J -0 J O L L C r cn Y L 'L L (6 co Me e o Badger � Parke s s s Ri int N if 0 300 600 1,200 Feet e Vas o � � N � U _ J i Ca Yellow Tr a +t L Ho e FRONT ELEVATION ASPHALT SHINGLES ? "X8 "D *BETTER .EDAR FASCIA SIDE ELEVATION I. 24' -0" 21-011. 201 -011 21 -011 o PRE -BUILT TIMBER TRUSS — � I C) I I I I PRE -BUILT TIMBER TRUSS H _ . —....— . — . — ..— . — . —...____ . — I ;*I. 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APPLY AT 220 Ibs/ac, / '�� J \ \ \ 71 POND SEED MIX�o % ,,';3" V ` V A V ^+ •`, - �``�, MNDOT SEED MIX #33 -261. APPLY AT 35 lbs/ac, c / \ cy Ep D STU B dR � EM Lo u C KS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 72 vvni loucksmc com 00 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 ALL TREES ARE TO BE SUPPLIED AND INSTALLED BY THE OWNER f - FFM URF SF\ED \MI2,( 'V V \ V \ A A A ! A �\ \ I f VA \ \\ L a V A I I � v -- �I v ;' .. .� \. A �. A � A � i• A \, � V \ � A V v. Ai O \ � !, i i 10-17-18 1 Y" RIVER ROCK MULCH - 4" MIN. \; 1 1t I 1 ........... ..... /r1.�1;. 4 � / �} DEPTH OVER FILTER FABRIC � a ..................... .................. qt r v t "�rsr ... ................. 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P6' �. \PAS��_A V A� \ V V `X� Aj r`` 0 20 40 i SCALE IN FEET IN SIZE SPACING /� / 4° y/ GROUNDCOVER LEGEND: v v v TURFGRASS SEED MIX t r MN DOT SEED MIX #25 -131. APPLY AT 220 Ibs/ac, / '�� J \ \ \ 71 POND SEED MIX�o % ,,';3" V ` V A V ^+ •`, - �``�, MNDOT SEED MIX #33 -261. APPLY AT 35 lbs/ac, c / \ cy Ep D STU B dR � EM Lo u C KS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 72 vvni loucksmc com 00 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 ALL TREES ARE TO BE SUPPLIED AND INSTALLED BY THE OWNER f - FFM URF SF\ED \MI2,( 'V V \ V \ A A A ! A �\ \ I f VA \ \\ L a V A I I � v -- �I v ;' .. .� \. A �. A � A � i• A \, � V \ � A V v. Ai O \ � !, i i 10-17-18 1 Y" RIVER ROCK MULCH - 4" MIN. \; 1 1t I 1 ........... ..... /r1.�1;. 4 � / �} DEPTH OVER FILTER FABRIC � a ..................... .................. qt r v t "�rsr ... ................. 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P6' �. \PAS��_A V A� \ V V `X� Aj r`` 0 20 40 i SCALE IN FEET 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, Planning Director MEETING DATE: April 2, 2019 REQUEST: Variance to front setback APPLICANT: Ayman Abdelsamie LOCATION: 5960 Grant Street REVIEW DEADLINE: July 5, 2019 LAND USE CLASSIFICATION: Low to Medium Density Residential ZONING: R -1 D FILE NUMBER: 19.09 REQUEST The applicant requests a front setback variance in order to improve the appearance of the front of his home and improve the home's functionality. The applicant began work on the home (adding windows and doors) without the required permit. Because most of the north side of the home is currently constructed at 17 feet from the front property line where the ordinance requires 30 feet, the applicant would need a variance to construct any improvements on that side of the home. His specific request includes: • A new front door with a three -foot landing (with an awning of the same size) and two steps that would be 12 feet from the front property line • A three -foot by 4.3 -foot balcony that would be 19 feet from the front property line • A seven -foot by 24 -foot bathroom addition on the northwest corner of the home that would be 17 feet from the front property line Notice of this application and the public meeting was mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. Page 2 BACKGROUND Context: The home was constructed about 1920. The lot was created in 1974 as part of the Lesjef subdivision. No portion of the property is within a wetland or floodplain overlay district. The adjacent properties to the north and south are developed with single family homes and the property to the west is developed with a church. Applicable Code Sections: Section 1201.12 Subd. 5 of the zoning regulations (R -ID) requires buildings to be setback 30 feet from the front property line. Section 1201.03 Subd. 1. i. (1) of the zoning regulations states that a legally nonconforming home may be expanded provided that the expansion doesn't increase the nonconformity and complies with height and setback requirements of the district. Because the addition would increase the nonconformity and cannot comply with the required setback, the applicant is required to apply for a variance. Section 1201.03 Subd. 3. c. (3) of the zoning regulations allows steps, stoops, (not including porches or balconies) in front or rear yards, provided they don't extend above the entrance floor level of the building nor more than four and one -half feet into the required yard. Because the home is already within the required front yard, the exception provides no relief to this homeowner. ANALYSIS The existing living room on the east side of the home contains the main entrance to the home. The property owner is currently converting this area to provide a second bedroom. He proposes to add a formal front door into another living space to avoid walking through the new bedroom from the main entrance. He also proposes to add a small balcony outside the other bedroom to improve the appearance of that side of the home. The property owner proposes to connect the new front door to the driveway via a new sidewalk, which does not require a variance. Section 1201.05 Subd. 3. a. of the zoning regulations sets forth criteria for the consideration of variance requests. These criteria are open to interpretation. 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: The applicant has proposed reasonable residential uses on the property. Max. Allowed Existing Proposed Impervious Surface 33% ±21% ±22% Section 1201.05 Subd. 3. a. of the zoning regulations sets forth criteria for the consideration of variance requests. These criteria are open to interpretation. 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: The applicant has proposed reasonable residential uses on the property. Page 3 b. Self- Created: The home was built prior to the subdivision which created the lot and the non - conforming situation is not the result of any action of the existing owner. As part of the Lesjef addition, and on the north side of the applicant's home, is a 100 -foot by 50- foot right -of -way that was dedicated to the public to allow the future construction of a turnaround. The turnaround has not yet been constructed. C. Essential Character: Staff note that the two homes north of the subject property are also nonconforming to the Grant Street right of way. Consequently, the applicant's proposed additions would not alter the essential character of the area or appear out of the ordinary. • 5960 Grant Street: 16 feet from Grant Street right -of -way (based on survey) • 23145 Park Street: No survey on file, but estimated at around 16 feet based on the aerial photo. 3. Economic Considerations: The applicant has not proposed the variance based on economic considerations, but to increase the functionality of his home. 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. Impact to Public Welfare and Other Improvements: The applicant's proposal is unlikely to impact or impair adjacent property values or the public welfare. 6. Minimum to Alleviate Practical Difficulty: Staff finds the variance request is the minimum necessary to alleviate the practical difficulties on the property. FINDINGS /RECOMMENDATION Staff finds the variance proposal meets the criteria above and recommends approval of the variance while acknowledging that the variance criteria are open to interpretation. Consequently, the Planning Commission could reasonably find otherwise. Should the Planning Commission recommend approval of the variance, staff recommends that the applicant be required to acquire all necessary permits prior to beginning the applicable construction. ATTACHMENTS Location map Applicants' narrative and plans S:\Pla ing\Pla ing Files \Applications\2019 Cases\Abdelmmie VAR 5960 Gmt\PC memo.do EXCELSIOR Chanhassen /Carver Co. border 1 5 1 Dear city councilor, I am Ayman Abdelsamie. The owner of 5960 Grand Street, Shorewood} property. An honored resident of the city of Shorewood. I would like you please to help me make my house livable and convenient for me and my son by letting me put a door in place of where my window is. As I showed in the drawing. Why am I asking you to do this? Important, this house was built before you took over this land, this is why it is a unique situation. There are practical difficulties to meet the ordinance requirements. Adding steps and balcony and a new bathroom is reasonable residential uses The home was constructed before the land was given to the city for the turn around • Approving the variance will blend in the neighborhood • Changing the entrance of the house with the new door should not have any affect on the city land • The steps and the landing will meet all requirements and I only need the landing and two steps. For the awning it with be attached with no pillars and will only be as big as the landing. • The balcony is just a step out one with no stairs or access to the front yard. It will meet all requirements. It can be attached or with footings. It will only stick out 35 inches. 1. The house is very old. Was built in the 1920's and it needs remodeling 2. It will make my neighbors very happy to look at and to see something clean next door to them. 3. Remodeling this house will increase the value of the houses in the neighborhood. 4. This will make you bring in more taxes for the city. 5. Having nice looking houses in the neighborhood will attract new home buyers. 6.1 need to get better use of my house space and doing this will let me use every room in my house more conveniently. 7. By doing this I will be able to add I more bedroom to my house that I really need for my son. 8. The front door I am adding will only have attached awning no pillars or build out and only 2 steps. The sidewalk to the door will be going towards the garage, not the driveway. As shown in the drawing. This will make me weigh from the city land 9. A point to make. There is lots of front door houses that are very close to the city roads with lots of traffic and its not an issue for the city. At the same time you have a city land at the dead end street where there is no traffic at all and nobody has used it in the last 3 years I have been in the house. I do not understand why I cannot put a door on my house in a safe area. Dear city council members I left my country 20 years ago and came to America. I learned from Americans that it is important to work hard and get ahead. Now I am successful. I live in a great city. Being a resident of the city of Shorewood is a success for me. And A benefit for my son. I always respect the law. This is why I am at where im at now. I will never ask you to go against the laws or codes. But countries change there constitutions based on when new situations come up. So now please make an exception and let me put the door on and let me make it a nice looking house for all of us. Thank You All for being understanding of my situation. Ayman Abdelsamie 14, I 9713 DUKMT AVENUIE SOUTH' 8LO0M1NQ=0$M1NM- 55420 LAND SURVF-YUK* .............. SurVey for: WINTERFIELD REALTY DESCRIPTION: Lot 2, Block 'It Ifoy, LESJEF ADDITION 0 e ( 95G�� °�, `° ?° 309 - /U 0� . J Y1 Proposed Grades: T p of Blocks Garage floor = Basement floor /Ole 965k 4k We hereby certify that this is a true and correct representation of .a survey of the boundaries of the, land above described and of the location of a i - on - "T.7, +- and all visible en��iwhmentso if any, from or .said 1 19 1 L-L. of Jun fh:.. AR IUY • -1 N. j I G �N f I (I Y t } A I, 7 kj, �co k � I 1 1 I 5 Y t i I I v w i I } I m a m t r n'c -- ---------- , 1 zo � LA- IL ' H l Ov l i i,