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05-07-19 Planning Commission Meeting CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY MAY 7, 2019 7:00 P.M. A G E N D A CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE GORHAM (tbd) ______ EGGENBERGER (Jul) ______ GAULT (Jun) ______ RIEDEL (Apr) ______ MADDY (May) ______ 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES April 2, 2019  3. PUBLIC HEARINGS None 4. OTHER BUSINESS A) APPEAL CODE ENFORCEMENT Appellants: Mike and Petra Cripe Location: 450 West Lake Street 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, APRIL 2, 2019 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:03 P.M. ROLL CALL Present: Chair Maddy; Commissioners Davis, Gorham and Riedel; Planning Director Darling; and, Council Liaison Labadie Absent: Commissioner Eggenberger 1. APPROVAL OF AGENDA Riedel moved, Gorham seconded, approving the agenda for April 2, 2019, as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES  March 5, 2019 Gault moved, Riedel seconded, approving the Planning Commission Meeting Minutes of March 5, 2019, as presented. Motion passed 4/0. 3. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – P.U.D. AMENDMENT TO ALLOW TATTOO SERVICES Applicant: Jonathan Higgins Location: 6140 Lake Linden Drive (HealthSense Campus) Planning Director Darling explained that the applicant has requested a PUD amendment to allow a body art establishment in the Bosworth PUD. The subject property is located at 6140 Lake Linden Drive. She noted that this PUD is based on R-C zoning which does not allow body art establishments. The applicant would like to occupy 300 square feet of tenant space in the lower level of the building. Staff has reviewed the request and finds it consistent with the Comprehensive Plan and other uses in the area and recommends approval subject to the conditions noted in the staff report. Commissioner Riedel asked about regulations for commercial zoning and asked why this was not allowed since the commercial code was changed to allow this type of establishment. Planning Director Darling stated that if this PUD was based on the C-1 zoning it would, but because it is based on R-C zoning it does not allow this use without an amendment. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 2, 2019 Page 2 of 4 Chair Maddy asked if the C-1 zoning was amended to allow body piercing as well. Planning Director Darling stated that it was not amended to allow body piercing. Kelly Bosworth, 6140 Lake Linden Drive, stated that he owned the HealthSense campus. He stated that because this is under PUD it allows for some opportunity to go a different direction than R-C zoning. He noted that they are not asking that all R-C properties allow body art establishments. Chair Maddy opened the Public Hearing at 7:15 P.M. being there were no comments, he closed the Public Hearing at 7:15 P.M. Riedel moved, Gault seconded, recommending approval of the request by Jonathan Higgins for an amendment to the Bosworth PUD to allow body art establishment as an allowed use, subject to conditions that applicant must acquire all necessary building permits and must provide a copy of his Minnesota license to operate a body art establishment. Motion passed 4/0. B. PUBLIC HEARING – SPECIAL HOME OCCUPATION PERMIT (WOODWORKING) Applicant: Thomas Ramy Location: 5825 Country Club Road Planning Director Darling explained that the applicant proposes to conduct a woodworking business in his attached garage which requires a special home occupation permit. She noted that the applicant has typical tools and has already been using them as a hobbyist for the last two years and there have been no complaints against the property. Staff recommends approval subject to the conditions listed in the staff report. Commissioner Riedel asked if there were any specific criteria for this type of CUP. Planning Director Darling gave a brief overview of the criteria for this type of CUP. Commissioner Gault asked if there were any additional fire protection elements associated with converting a garage into this kind of work space. Planning Director Darling stated that with the limited nature of what the applicant is proposing, there would not be. Chair Maddy confirmed that the reason the permit is needed is because he would like to do the work in his garage rather than his basement and the garage is considered an accessory structure. He noted that the City had received one letter in support of allowing the special home occupation permit. Chair Maddy opened the Public Hearing at 7:21 P.M. There being no comment, he closed the Public Hearing at 7:21 P.M. Commissioner Gorham asked if the applicant had a dust collection system in place. Thomas Ramy, 5825 Country Club Road, stated that he does have a dust collection system. Chair Maddy asked about the noise of the dust collection system. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 2, 2019 Page 3 of 4 Mr. Ramy stated that the noisiest equipment he has is an air compressor which cannot be heard when the garage door is closed. Riedel moved, Gorham seconded, recommending approval of the request by Thomas Ramy, 5825 Country Club Road, for a Special Home Occupation Permit CUP, subject to the permit only being valid for one year with an update to be reviewed by the City, subsequent permits would be required every three years; no exterior storage of materials or equipment be allowed; no signage is allowed. Motion passed 4/0. C. PUBLIC HEARING – C.U.P. FOR TWO NEW PARK BUILDINGS IN BADGER PARK Applicant: City of Shorewood Location: 5745 Country Club Road (Badger Park) Planning Director Darling explained that the City would like to construct a picnic shelter and restroom in Badger Park. She reviewed the site plan that includes new playground equipment and new walking trails. She gave an overview of both the specific and general criteria for a CUP. Staff recommends approval. Commissioner Gault asked if this restroom facility would be the only one in the park. Planning Director Darling stated that currently there is one port-a-potty, so it would increase the facilities. She noted that the restrooms at the community center are open to the public and explained that sometimes people come up to City Hall and use the facilities. She stated that they are recommending two unisex bathrooms rather than a separate male and female based on the usage of the park by single-sex organized athletic teams. Commissioner Gorham asked what material would be around the picnic tables. Planning Director Darling stated that it will be all grass. She reviewed the areas that will be grass and noted that the playground surface will be poured in place rubber. Chair Maddy confirmed with Planning Director Darling that the lighting would meet code and would be full cut off lighting and no lighting would be hitting the properties to the south. Chair Maddy opened the Public Hearing at 7:32 P.M. noting the procedures used in a Public Hearing. There being no comment, Chair Maddy closed the Public Hearing at 7:32 P.M. Riedel moved, Gault seconded, recommending approval of the request by the City for a CUP for public recreation buildings at Badger Park, subject to there being no direct lighting hitting adjacent properties. Motion passed 4/0. 4. OTHER BUSINESS A. FRONT SETBACK VARIANCE Applicants: Ayman Abdelsamie Location: 5960 Grant Street Planning Director Darling explained that the applicant is requesting a front setback variance. She stated that because the north side of the home is currently constructed at 17 feet from the front property line a variance would be needed for any improvements on that side of the home. She CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 2, 2019 Page 4 of 4 reviewed the items the applicant would like to construct. Staff finds the variance proposal meets the criteria and recommends approval of the variance. Commissioner Riedel confirmed with Planning Director Darling that in this situation there is slightly more building, but it ends up with the same setback that was previously in place. The Commission discussed the front lot lines and expressed confusion about the plans that showed the location of the new bathroom and front door. Ayman Abdelsamie, 5960 Grant Street, explained to the Commission the actual location of the new front door and the new bathroom. He stated that he is also planning to install a sidewalk that leads to the garage. He stated that his goal is to make it a livable house for his family and thinks his plans will clean it up and make it look nicer for the neighborhood. Gault moved, Riedel seconded, recommending approval of the request from Ayman Abdelsamie at 5960 Grant Street for a Variance to the Front Setback, subject to the conditions outlined in the staff report. Motion passed 4/0. Planning Director Darling stated that all items will be on the Council agenda on April 22, 2019. 5. MATTERS FROM THE FLOOR- NONE 6. REPORTS • Liaison to Council Council Liaison Labadie noted that she was out of town and did not attend the last Council meeting. She asked Planning Director Darling to give a brief overview of what happened at the meeting. Planning Director Darling gave a brief overview of the March 25, 2019 Council meeting. Ayman Abdelsamie asked if he could make a comment. He stated that he was originally Egyptian and has lived here for 19 years. He stated that he never done anything like this and stated that he just wanted to say “God bless America.” He stated that the process was very organized and professional. He explained the difficulties snowplows have in turning around. He stated that with the new development proposed, he would support a round turnaround even if it takes a bit of his front yard to give them more room to construct it. • Draft Next Meeting Agenda Planning Director Darling stated that on the next agenda there will be discussion of a minor subdivision near Mr. Abdelsamie, so the Commission could look at the turn around issue he mentioned during that discussion. She stated that there may be a review of a development proposed on the west side of Club Lane as well as an appeal of a compliance order for a nuisance violation. 7. ADJOURNMENT Riedel moved, Gorham seconded, adjourning the Planning Commission Meeting of April 2, 2019, at 8:00 P.M. Motion passed 4/0. 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Ord. 550, passed - -2018) 1201.05 ADMINISTRATION, VARIANCES AND APPEALS. Subd. 1. Purpose. The purpose of this section is to provide for: a. Administrative appeal. An appeal process where it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of this chapter. b. Variance. A variance process to allow deviations from the strict provisions of this chapter including those placed on nonconformities . The variance process is neither appropriate nor applicable to allow a use on a property that is not permitted in the zoning district. Subd. 2. Administrative appeal. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this chapter and shall be submitted to the Zoning Administrator as indicated below. a. Filing. The request for an appeal shall be submitted in writing and: (1) Be submitted by the property owner or their agent and include contact information for both parties. (2) State the specific grounds upon which the appeal is made. (3) Be filed within 14 days of the date the administrative decision was mailed or sent by electronic mail. (4) Include the fee as required by § 1301.02. b. Notice to appellant. The Zoning Administrator shall notify the appellant of the date and time of the Planning Commission and City Council meetings where the request will be heard. C. Stay of proceedings. An appeal stays all proceedings and the furtherance of the action being appealed, unless a stay would cause imminent peril to life and property. 1201 -94 2018S-13 1201.05 Zoning Regulations 1201.05 d. Planning Commission action. The Planning Commission shall review the appeal at a public meeting, at which time the appellant or a representative thereof may appear to answer questions concerning the request. (1) The Planning Commission shall consider possible adverse effects of the appeal. (2) The Planning Commission shall make a finding of fact and may recommend any actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation of the Planning Commission shall be forwarded to the City Council at a regularly scheduled meeting. e. City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall make a recorded finding of fact within the time allowed by Minnesota Statutes. Action on the request shall require passage by a simple majority vote of a quorum of the City Council. f. Decision. The Zoning Administrator shall send the appellant a copy of the final order of the City Council by mail. g. Appeal of Council action. Any person(s) aggrieved by any decision of the board shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly M.S. Chapter 462, as such statutes may be from time to time amended, supplemented or replaced. Subd.3. Variances. a. Criteria. In considering all requests for a variance and in taking subsequent action, the city staff, the Planning Commission and the City Council, serving as the Board of Adjustments and Appeals, may approve a variance application upon finding that all of the following criteria, as applicable, are met. (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 this chapter. (2) The applicant 'has established that there are practical difficulties in complying with this chapter. Practical difficulties mean: (a) The property owner proposes to use the property in a reasonable manner not permitted by this chapter; 1201 -95 2018S-13 Excelsior Code Definitions and Regulations. Definitions Lot line, front. A lot line abutting a street; on those lots which abut lakeshore the front lot line shall be the lakeshore. On a corner lot, it shall be the shortest dimension on a public street; if the dimensions are equal, the front lot line shall be designated by the city. On a double frontage lot, the front lot line shall be the street from which the address is assigned. Yard, front. The portion of the yard on the same lot with the building between the front line of the building and the front line of the lot for the lot's full width. Lot line, rear. That boundary of a lot which is opposite the front line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Yard, rear. A yard extending across the full width of the lot lying between the rear lot line of the lot and the nearest line of the principal building. Yard, side. A yard extending along a side lot line between the front and rear yards. • Sec. 11 -4. - Outdoor storage of recreational equipment A. Recreational equipment may be stored outside in the R -1 and R -2 zoning districts under the following conditions: (1) 'Recreational, equipment includes, but is not limited to, camper trailers (pop up), motor homes, all- terrain vehicles, open trailers, pickup campers, snowmobiles, travel trailers, water craft and buildings for winter ice fishing. (2) No more than three recreational equipment items may be parked or stored outside on lots greater than 8,500 square feet in size. Those three recreational equipment items may include a maximum of one each of —a camper trailer (pop up), motor home, off -road vehicle, open trailer, pickup camper, snowmobile, travel trailer, water craft or ice fishing house. (3) No more than two recreational equipment items may be parked or stored outside on lots equal to or less than 8,500 square feet in size. Those two recreational equipment items may include a maximum of one each of —a camper trailer (pop up), motor home, off -road vehicle, open trailer, pickup camper, snowmobile, travel trailer, water craft or ice fishing house. (4) Trailers and contents located thereon shall be considered as one recreational equipment item. (5) Recreational equipment may not exceed 24 feet in length. Trailers may not exceed 30 feet in length. (6) No recreational, equipment shall be stored in the front yard (or rear yard for lots abutting lakeshore), and any stored recreational equipment shall be subject to the side and rear yard setback requirements of accessory structures as found in article 11 of this Appendix E. If there is not a practical way to store the recreational equipment in compliance with these requirements, then one such recreational equipment may be stored in the front yard (or rear yard for lots abutting lakeshore). If stored in front yards, recreational equipment must be: a. Stored on driveways; b. Not exceed 16 feet (trailers 20 feet) in length, not including outboard motors; c. Not exceed seven feet in height; and d. Located no closer than ten feet from the street. (7) All vehicles must be operable and have the current year's registration, if registration is required by law. B. The practices of boat dry- stacking and dry storage create a visual blight and increase congestion on land and water. No boat dry- stacking nor dry storage shall be allowed within the city except that dry stacking shall be permitted in the P, Public Park District, pursuant to duly issued city permit.