08-06-19 Planning Commission MeetingCITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY AUGUST 6, 2019
CALL TO ORDER
1. APPROVAL OF AGENDA
2. APPROVAL OF MINUTES
July 2, 2019
3. PUBLIC HEARINGS
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
ROLL CALL / (LIAISON) SCHEDULE
GAULT (tbd)
RIEDEL (tbd)
MADDY (tbd)
GORHAM (Aug)
EGGENBERGER (tbd)
A) ZONING CODE TEXT AMENDMENTS REMOVING BONDS AS PERFORMANCE
GUARANTEES
4. OTHER BUSINESS
A) VARIANCE TO BUILD ON A SUBSTANDARD LOT AND SETBACK VARIANCE
Applicant: Mike and Jane Schlangen
Location: 27120 Edgewood Road
5. MATTERS FROM THE FLOOR
6. REPORTS
Council Meeting Report
Draft next meeting agenda
7. ADJOURNMENT
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, JULY 2, 2019
MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:09 P.M.
ROLL CALL
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
Present: Chair Maddy; Commissioners Gorham, and Gault; Planning Director Darling;
and, Council Liaison Siakel
Absent: Commissioners Eggenberger and Riedel
1. APPROVAL OF AGENDA
Chair Maddy noted that the application for a minor subdivision at 5965 Grant Street was
continued to this meeting and asked why it was not included on the agenda.
Planning Director Darling explained that the applicant has withdrawn their application and sold
the property to the City.
Gorham moved, Gault seconded, approving the agenda for July 7, 2019, as presented.
Motion passed 3/0.
2. APPROVAL OF MINUTES
June 4, 2019
Gorham moved, Gault seconded, approving the Planning Commission Meeting Minutes
of June 4, 2019, as presented. Motion passed 3/0.
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 — ZONING CODE TEXT AMENDMENT REGARDING
SECTION 1201.03, SUBD 2.D. TO REMOVE REQUIREMENT OF A C.U.P.
FOR SOME ACCESSORY STRUCTURES
Planning Director Darling gave a brief overview of the draft ordinance that removes the
requirement for a Conditional Use Permit (C.U.P) for accessory structures that are over 1,200 or
1,000 square feet, depending on the zoning district. She noted that that standards would be the
same and gave examples of situations where a CUP would still be needed. She stated that
staff has also recommended some general clean -up of the language and information in the
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
July 2, 2019
Page 2 of 4
ordinance. She stated that she neglected to include language from reference section 1201.03,
Subd 4.C., in the packet but had distributed it prior to the meeting.
Commissioner Gorham asked if the requirements from Sec. 1201.03, Subd. 4.C. would require
an extra consultant or involvement of an engineer.
Planning Director Darling stated that sometimes it will involve an extra consultant. She stated
that there have been times where the applicants do not want to go to the excess expense of, for
example, providing a drainage plan, and will change the plans to reduce the impervious surface
on the property so one is not required.
Commissioner Gault asked if this ordinance is amended to allow for an increase in the size of
the accessory buildings, if Planning Director Darling foresees the City running into another
limitation, such as the amount of impervious surface.
Planning Director Darling stated that there could be but noted that it could also happen with a
C.U.P. She stated that this ordinance does not obligate the City to approve a variance but to
simply work together with the applicant.
Commissioner Gorham asked if someone applied for a building permit for a larger accessory
structure if there would need to be a civil engineer looking at run off and an architect for the
structure itself.
Planning Director Darling explained that an architect is not required for residential projects, but
noted that most people work with a design build company or an architect. She noted that for
smaller projects, people can work with a landscape company rather than a civil engineer.
Chair Maddy stated that he felt the language in 4.E. is subjective and asked if staff was
comfortable making the determination if something was "consistent ".
Planning Director Darling stated that she is comfortable determining if a building has consistent
architecture with the existing structure.
Commissioner Gault asked for clarification of the new item 4.F.
Planning Director Darling explained that this point was referring to situations where there is an
exception and the existing structure will not be required to be taken down, such as a 100 -year-
old barn that adds character to the property.
Commissioner Gorham stated that he feels there is still some language that isn't totally clear
about what the process is if applicants will not need a C.U.P., but noted that he doesn't have the
context of the full code like staff does. He suggested that perhaps some of this language be
cleaned up when referring to a building permit, so it is easier to understand.
Planning Director Darling stated that she can take a closer look and clean this section up.
Chair Maddy asked if it would be possible to add to an accessory structure without a building
permit.
Planning Director Darling stated that a different section of the code defines when a building
permit is needed.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
July 2, 2019
Page 3 of 4
Commissioner Gorham stated that D.1 through DA is all about defining what is and isn't allowed
and then it gets to 4.0 and it lists all the things the applicant has to do. He stated that in his
opinion, this section is not literal enough.
Commissioner Gault stated that he agrees with Commissioner Gorham because it appears as
though there are more requirements when you get to this section.
Commissioner Gorham asked if his interpretation of the language was too sophomoric and
whether Planning Director Darling thought it should be left alone.
Planning Director Darling stated that she can pull out each instance where there is a C.U.P. and
pull out what is allowed, and put it in a separate section, if the Commission would like.
Commissioner Gorham stated that he did not think that would be necessary but suggested
doing something more simple for 4.C, such as, "for a building permit, the applicant shall provide
the following:" to clarify that it has moved away from a C.U.P and making it clear that 4.C, 4.D,
4.E, and 4F, are all talking about building permits and not the C.U.P.
Planning Director Darling stated that she will take a closer look at the language in this section
and see if it can be more clearly defined for the applicants.
Chair Maddy stated that wasn't sure if the question of whether an accessory structure can be
put up without a permit was ever answered.
Planning Director Darling explained that a structure could not be put up without a permit
because it would either require a zoning permit or a building permit.
Chair Maddy opened the Public Hearing at 7:27 P.M. There being no public comment, Chair
Maddy closed the Public Hearing.
Gorham moved, Gault seconded, recommending approval of the proposed amendments
to Section 1201.03, Subd 2.D. to Remove Requirements of a C.U.P. for some Accessory
Structures, subject to Planning Director Darling providing language revisions to clarify
where the ordinance is referring to C.U.P. and when it is referring to building permits
regarding the application. Motion passed 3/0.
4. OTHER BUSINESS - NONE
5. MATTERS FROM THE FLOOR - NONE
6. REPORTS
Liaison to Council
Council Liaison Siakel reported on matters considered and actions taken during Council's June
24, 2019, meeting (as detailed in the minutes for that meeting). She noted that the Council
representation switches every six months so she will be the liaison for the remainder of the year.
• Draft Next Meeting Agenda
Director Darling stated there is an application for a variance to redevelop a non - conforming lot
slated for the August 6, 2019, Planning Commission meeting.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
July 2, 2019
Page 4 of 4
Chair Maddy suggested that the Commission determine the representatives for the upcoming
Council Meetings.
July — Commissioner Gault
August — Commissioner Gorham
7. ADJOURNMENT
Gorham moved, Gault seconded, adjourning the Planning Commission Meeting of July 2,
2019, at 7:39 P.M. Motion passed 3/0.
MEMORANDUM
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900
www.ci.shorewood.mn.us • cityha11 @ci.shorewood.mn.us
TO: Planning Commission
FROM: Marie Darling, Planning Director
MEETING DATE: August 6, 2019
RE: Zoning Text Amendment: Removing Bonds as Performance Guarantees
(Sections 1201.04 Subd. 3, 1201.19 Subd. 4 and 1201.22 Subd. 4, of the zoning
regulations)
Attached is a draft ordinance that removes bonds as an acceptable financial guarantee for developers with
performance agreements or development contracts. Bonds have become notoriously difficult to seize and
use to complete required improvements when developers fail to perform. The city will be looking for cash
deposits or letters of credit, which are much easier to use when needed. These amendments are
housekeeping and proactive rather than a reaction to a particular incident. The City Attorney recommended
the amendment and has reviewed the ordinance.
Although the Planning Commission has review authority over the zoning regulation amendments, the
proposed ordinance would also make changes to a number of sections of city code where bonds are
referenced. For your reference, staff included all the changes to city code on this topic that would be
included into the final draft ordinance.
Staff recommend approval of the amendments.
Notice of the public hearing for this zoning ordinance amendment was published in both of the official city
newspapers at least 10 days prior to the meeting.
ATTACHMENT
Draft Ordinance
ORDINANCE 569
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE APPROVING AN AMENDMENT TO
CHAPTERS 900, 1201 AND 1202 OF CITY CODE TO REMOVE BONDS AS
AN ACCEPTABLE FINANCIAL GUARANTEE
Section 1: City Code Section 901.01 is hereby amended as follows:
901.01 RIGHT -OF -WAY MANAGEMENT.
Subd. 3. Definitions. The following definitions apply in this chapter of this code.
References hereafter to "sections" are, unless otherwise specified, references to sections in this
chapter. Defined terms remain defined terms, whether or not capitalized. The following words,
terms and phrases, as used herein, have the following meanings:
CONSTRUCTION PERFORMANCE BONDGUARANTEE. Any of the
following forms of security provided at permittee's option:
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(1) Cash deposit;
(2) Seeufity of a f "'°°' listed of appfeved un ef M.S. i5.73, iC'dbd—. -22;
Letter of credit in a form acceptable to the city.
Section 2: City Code Section 901.08 is hereby amended as follows:
901.08 PERMIT APPLICATIONS; FEES; SECURITY; OTHER.
Subd_ 2. Permit fee.
a. The city shall impose permit fees in an amount sufficient to recover the
city's costs.
b. Payment of disputed amounts due the city by posting letter of credit or
depositing in an escrow account an amount equal to at least 110% of the amount owing.
C. Posting an additional or larger construction cash deposit or letter of credit
for additional facilities when applicant requests an excavation permit to install additional
facilities and the city deems the existing construction performance bent guarantee inadequate
under applicable standards.
Subd. 3. Payment ofpermit fees. No excavation permit or obstruction permit shall be
issued without payment of excavation or obstruction permit fees. The city may allow applicant to
pay such fees within 30 days of billing.
Subd. 4. Permit fees non - refundable. Permit fees that were paid for a permit that the city
has revoked for a breach as stated in § 901.15 of this chapter are not refundable.
Subd. 5. Franchise fees and city costs. Unless otherwise agreed to in a franchise, city costs
may be charged separately from and in addition to the franchise fees imposed on a right -of -way
user in the franchise.
Subd. 6. Security. Unless specifically stated in a franchise agreement with the city,
companies shall provide a sufety bond performance guarantee in the form of a; letter of credit, or
cash deposit in the amount determined by the City Engineer, but not less than $2,000 shall be
required from each applicant. " s ety bond shall be ffem ° eofpofate surety au-t,e fiz °,a t
business in the state Security required pursuant to this subdivision shall be conditioned that the
holder will perform the work in accordance with this section and applicable regulations, will pay
to the city any costs incurred by the city in performing work pursuant to this section; and will
indemnify and save the city and its officers, agents and employees harmless against any and all
claims, judgment or other costs arising from any excavation and other work covered by the
permit or for which the city, council or any city officer may be liable by reason of any accident
or injury to persons or property through the fault of the permit holder, either in improperly
guarding the excavation or for any other injury resulting from the negligence of the permit
holder. In addition to the above - referenced security, non - franchise utility right -of -way users shall
provide an irrevocable letter of credit, or cash deposit that shall remain in force as long as the
non - franchise utility user has facilities in the city's right -of- way. The amount of this security
shall be determined from time to time by the City Council. This security shall be in addition to
the security required from any subcontractor doing work on behalf of the non - franchise
right -of -way utility. The bent letter of credit or cash deposit shall be released by the city upon
completion of the work and compliance with all conditions imposed by the permit. For permits
allowing excavations within public streets, such bent letter of credit or cash deposit shall be
held for a period of 24 months to guaranty the adequacy of all restoration work.
Section 3: City Code Section 901.24 is hereby amended as follows:
901.24 ABANDONED AND UNUSABLE EQUIPMENT.
Subd. 1. Discontinued operations. A registrant who has determined to discontinue its
operations in the city must either:
a. Provide information satisfactory to the City Engineer that the registrant's
obligations for its equipment in the right -of -way under this section have been lawfully assumed
by another registrant; or
b. Submit to the City Engineer an action plan for the removal or
abandonment of equipment and facilities. The City Engineer shall require removal of such
facilities and equipment if the City Engineer determines such removal is necessary to protect the
public health, safety and welfare. The City Engineer may require the registrant to post a bend
performance guarantee in the form of a letter of credit or cash deposit in an amount sufficient to
reimburse the city for reasonably anticipated costs to be incurred in removing the facilities and
equipment.
Subd. 2. Abandoned facilities and equipment. Facilities and equipment of a registrant
located on the surface of or above a right -of -way or on public grounds which remains unused
shall be deemed to be abandoned. Such abandoned equipment is deemed to be a nuisance. The
city may exercise any remedies or rights it has at law or in equity, including, but not limited to:
a. Abating the nuisance; or
b. Requiring removal of the equipment or facilities by the registrant, or the
registrant's successor in interest. Appeals under this section shall follow the procedures in §
901.16 of this chapter.
Subd. 3. Removal of underground equipment. Any registrant who has unusable and
abandoned underground facilities or equipment in any right -of -way shall promptly remove it
from that right -of -way.
(Ord. 552, passed - -2018)
Section 4: City Code Section 903.04 is hereby amended as follows:
903.04 WATER SERVICE CONNECTIONS.
Subd. 2. New service stubs; application for water service connection. In the event
additional connections or stubs to existing water trunk or lateral facilities are required or desired,
applications shall be made at the City Hall on forms furnished by the city.
b. Performance bondGuarantee. For the purpose of assuring and
guaranteeing to the city that the installation of the service connection shall fully comply with all
of the other terms and provisions of this chapter, the applicant agrees to furnish to the city either
a cash deposit or ° eepefate ey, bend- letter of credit in the sum of $4,000 approved by the
city and naming the city as obligee thereunder.
Section 5: City Code Section 904.08 is hereby amended as follows:
904.08 BUILDING SEWERS AND CONNECTIONS.
Subd. 1. Plumbing requirements.
a. Supervision. No plumbing shall be done except under direct supervision of
a master plumber when connecting with a public sewer.
b. Registration of master plumber.
(1) Registration required. Permits for building sewers shall be taken
out by a master plumber and before a permit is issued, the master plumber shall first register with
the City Administrator /Clerk of his or her intent to carry on the occupation within the city and
connect building sewers to the municipal sanitary sewer system.
(2) Registration fee. The registration fee shall be as provided in §
1301.02 of this code.
(3) Bond-Per
ormance Guarantee and insurance. Conditions of the
registration shall be:
(a) Procure and post with the City Administrator /Clerk a bon
letter of credit or cash deposit in the amount of $2,000 in favor of the city and the public,
conditioned upon faithful performance of contracts;
Section 6: City Code Section 1201.04 is hereby amended as follows:
1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS.
Subd. 3. Conditional use permit.
d. Performance Guaranteehond.
(1) Except in the case of non - income producing residential property,
upon approval of a conditional use permit, the city shall be provided with a letter of credit, sufety
bent cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of
building permits or initiation of work on the proposed improvements or development. The
security shall be nonea eellable automatically renew and shall guarantee conformance and
compliance with the conditions of the conditional use permit and the ordinances of the city.
Section 7: City Code Section 1201.19 is hereby amended as follows:
1201.19 R -C, RESIDENTIAL /COMMERCIAL DISTRICT.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -C District:
(Requires a conditional use permit based upon procedures set forth in and regulated by §
1201.04.)
h. Self- storage facility, as defined in this chapter, provided that:
(12) The applicants shall provide a performance bond guarantee in the
form of a cash depositor letter of credit to assure completion of the facility in accordance with
the plans and specifications approved by the City Council. The amount of the bond shall be
established by the City Council at the recommendation of the city staff,
Section 8: City Code Section 1201.22 is hereby amended as follows:
1201.22 C -1, GENERAL COMMERCIAL DISTRICT.
Subd. 4. Conditional uses. The following are conditional uses allowed in a C -1 District:
(Requires a conditional use permit based on procedures set forth in and regulated by § 1201.04.):
Self- storage facility, as defined in this chapter, provided that:
(12) The applicants shall provide a performance bond erguarantee in
the form of a cash deposit or letter of credit to assure completion of the facility in accordance
with the plans and specifications approved by the City Council. The amount of the bond shall be
established by the City Council at the recommendation of the city staff,
Section 9: City Code Section 1202.07 is hereby amended as follows:
1202.07 REQUIRED IMPROVEMENTS.
Subd. 1. General provisions.
d. Maintenance bond rztee. The city shall require a subdivider to submit
a warranty /maintenance beguarantee in the form of a letter of credit or cash deposit in the
amount of the 25 percent of the original cost of the improvements, which shall be in force for
two years following the final acceptance of any required improvements and shall guarantee
satisfactory performance of the improvement.
Section 10. This Ordinance shall be in full force and effect upon publication in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this XXt" day of XX, 2019.
SCOTT ZERBY, MAYOR
ATTEST:
SANDIE THONE, CITY CLERK
MEMORANDUM
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900
www.ci.shorewood.mn.us • cityha11 @ci.shorewood.mn.us
TO: Planning Commission, Mayor and City Council
FROM: Marie Darling, Planning Director
MEETING DATE: August 6, 2019
APPLICANT: Schlangen, Michael
LOCATION: 27120 Edgewood Road
COMPREHENSIVE PLAN: Minimum Density Residential
ZONING: R -1 A/S
REVIEW DEADLINE: September 14, 2019
REQUEST
The applicant proposes to demolish the existing home,
detached garage and shed and construct a new home.
The proposal requires the following applications:
• Variances to allow a new lakefront home to be
three feet, three inches from the east property
line, and five feet from the west property line
where 30 feet is required by the shoreland
overlay district. A sidewalk and the home's
mechanical equipment would be closer to the lot
line than the home.
Additionally, the combined side -yard setback
would be eight feet, three inches where a total of
30 feet is required for lakefront lots in the
shoreland overlay district.
• Variances to construct a home on a non-
conforming lot, where lot area and width do not
meet requirements.
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Notice of this application 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 property is currently developed with a single - family home that was constructed in 1912, and
also has a detached garage and shed. The property was created from a plat recorded in 1881 called the
Sampsons Upper Lake Park Subdivision that was subsequently further subdivided. The adjacent properties
are all developed with single family homes.
The property contains mature trees and is subject to the tree preservation policy. The property owner has
proposed to replace the two trees removed with six new trees, which is consistent with the tree preservation
policy.
The property abuts Lake Minnetonka and the shoreline is within the 100 -year floodplain. The property has
11,511 square feet of area (not including Edgewood Road) and 50 feet of lot width at the widest point
where the district requirement is 40,000 square feet in area and 120 feet in width, making it nonconforming
for the R -IA/S, Single - Family Residential/Shoreland zoning district in which it is located.
In addition to the substandard width of the lot, the current home and detached garage are nonconforming
with respect to side -yard setbacks. The R -IA zoning district also requires a minimum of 10 feet to the side
property lines and 50 feet to the front property line and the shoreland district regulations (section 1201.26
Subd. 5) requires a combined total of 30 feet from side property lines. The current house is 2.8 feet from
the east lot line with a deck constructed up to the property line. The current home is 1.8 feet from the west
lot line.
The detached garage is also non - conforming to the required front and side setbacks. Because the public
road is not within an easement or dedicated right -of -way, section 1201.02 (Definition of Setback) of the
zoning regulations requires the setback to be measured 65 feet from the edge of the traveled surface. The
current garage is 37 feet from the edge of the bituminous.
Applicable Code Sections:
Section 1201.03 Subd. 1 f. of the zoning regulations states that a nonconforming use of a structure or parcel
of land may be changed to lessen the nonconformity of the use. Once the change is made, it shall not
thereafter be altered to increase the nonconformity. The current hardcover on the property is 36.8 percent
and they are proposing 34.7 percent. Much of the reduction is through the use of paver with a surface
where 40 percent of the surface is open to allow for water, air and vegetation to pass through.
Section 120 1. 10 Subd. 5 (R -lA zoning district) requires a minimum of 40,000 square feet of area and 120
feet of lot width. Section 1201.03 Subd. 2 c. (3) of the zoning ordinance allows undersized lots to be used
for single - family homes without approval of a variance if the area and width are within 70 percent of the
district requirements. Because the lot does not meet 70 percent of the requirements for lot width or area,
variances are required.
Section 1201.26 Subd. 5 of the zoning ordinance requires a combined total of 30 feet from side property
lines.
Section 1201.03 Subd. 7 requires a home to be not less than 22 feet in width over the required minimum
depth (30 feet).
-2-
Page 3
Section 1201.03 subd. 3 c. (3) allows terraces, steps, stoops or similar features to be as close as 5.5 feet
from side lot lines.
Section 1201.03 Subd. 3 c. (10) allows air conditioning and mechanical equipment on residential shoreline
lots to be located as close as 10 feet from side lot lines.
ANALYSIS
The applicant proposes to remove the existing home and the two detached structures and construct a new
home with an attached garage. The existing home is a one -story home that is 24 feet at the widest point
and about 70 feet long and the detached garage is 20 feet by 30 feet. The new home would be a two -story
home that is 24 feet wide and 92 feet long (including the 24 -foot by 34 -foot garage). The applicant has
proposed the home farther from both property lines and pushed the home slightly south from the existing
home's location, where the lot is wider. The applicant proposes to locate the home no closer than five feet
to the west property line, with the mechanical equipment located about one foot from the property line.
The applicant proposes to construct the home three feet, three inches from the east property line, and would
locate a three -foot wide sidewalk connecting the front and back of the home about one foot from the
property line.
The zoning regulations allow for variances upon showing that practical difficulties exist and that the
request is consistent with the intent of the regulations. Section 1201.05 Subd. 3. a. of the zoning
regulations sets forth criteria for the consideration of variance requests. Staff reviewed the request
according to these criteria, as follows:
Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the
property for residential purposes and proposes no uses on the site that would be inconsistent with
either the intent of the residential land use classification or the district's allowed uses.
2. Practical difficulties: Practical difficulties include three factors, all three of which must be met.
Staff finds that the practical difficulties for the property are related to the original subdivision of
the property.
a. Reasonable: Construction of a home and attached garage is a reasonable use of the
property. A sidewalk to provide a level walking surface and mechanical equipment on
the side of the home are also reasonable uses.
b. Self - Created: The owners did not create the existing situation, they bought the home and
lot after it was constructed and have used the existing home seasonally for years. A
conforming width house with conforming setbacks could not be constructed on this
property, which is 50 feet wide at the widest point.
C. Essential Character: The new home is not likely to alter the essential character of the
area, which has a mix of older and newer homes and both of the adjacent homes are two
stories.
-3-
Page 4
3. Economic Considerations: The applicants have not proposed the variance based on economic
considerations, but to create a hi
4. Impact on Area: Although
the property owners are
proposing a two -story home,
the homes on either side are
also two story homes. The
home on the east (left as
shown in the photo) is located
less than a foot from the
shared property line (at its
closest point). The property
owners are not proposing anything that would increase the risk of fire or endanger public safety, or
increase the impact on adjacent
streets.
5. Impact to public welfare and
other improvements: The
applicants' proposal is unlikely
to impact or impair adjacent
property values or the public
welfare.
6. Minimum to alleviate difficulty:
Although the home would be
larger than the existing home on
the lot, the applicant has reduced
the desired home and garage
The existing home and the home to the east
size to minimize the requests and the impact on the neighborhood. As a result, staff finds the
applicant has proposed the minimum action to alleviate the practical difficulty.
RECOMMENDATION:
Based upon the preceding analysis, staff conclude the request is consistent with the criteria for granting
variances. Should the application be approved, the property would be closer to conforming to Shorewood's
existing building and zoning standards than if the variances were not granted. Staff further recommend the
following conditions be included into the recommendation forwarded to the City Council.
• No work may be completed without approval of the applicable permits.
• Prior to the issuance of a building permit, the applicant shall submit the following consistent with
City Codes and policies:
• A certified survey showing all easements; any necessary grading; and the new home with
conforming lowest floor elevations, dimensions of all structures to property lines, the ordinary
high water level of Lake Minnetonka, and final impervious surface calculations.
• A landscaping plan that indicates the species, size and location of all proposed trees.
I"
Page 5
o A construction management plan addressing parking for contractors /subs, delivery of goods,
street cleaning, any issues with the proximity to the property line, etc.
ATTACHMENTS:
Location Map
Notification Map
Applicants Narrative and Plans
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To: CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, MN 55331
Attn: Marie Darling, AICP Planning Director
Subject: 27120 EDGEWOOD ROAD
VARIANCE APPLICATION
Submittal Narrative
Date: July 29, 2019
pg. 1 of 2
Michael & Jane Schlangen do hereby request a 'dimensional variance' to construct a new home on a substandard
lot in the Shoreland District which does not meet the setback requirements of the applicable zoning ordinances.
The variances we request are for:
1). The required setbacks on either side of the proposed new house /garage location in this R1 -A District:
This lot is considered substandard in both area and width and we have moved its proposed location as far
South as possible to gain as much available setback width as possible.
- We request a reduction of the required 10' -0" side yard setbacks on either side (East & West) to
4'- 0112 "for the East side yard and 5' -0" for the West side yard.
2). The required sidewalk setbacks:
The proposed new sidewalk is needed to provide a safe walking surface on the gradually sloping grade and
help prevent erosion. It needed to be extended as far North as shown since the main entry for visitors,
especially during outside deck related events, will be the lake side (North) entry. This will avoid having
persons walking thru the kitchen area during formal gatherings if using the East entry.
- We request a reduction of the required 5!6" setback on the NE lot line to 0'-10 ".
3). The required setback for mechanical equipment-,
We propose to locate our mechanical equipment along the West wall of the house which is concealed by a
line of thick bushes and where the bulk of the existing mechanical items are located. This will require a
variance from the Neighbor during construction, but will conceal the equipment from view.
- We request a reduction of the required 10' -0" setback for mechanical equipment on the West lot
line to 1' -0" minimum.
Due to the unique characteristics of this property (very long & narrow) strict compliance to these setback
requirements would prevent improvements in a manner which is reasonable and consistent with other properties
in the area. The practical difficulty of meeting these requirements were not self created and have been addressed
in detailed drawings that accompany this narrative (please refer to shts S2 & S3 of our submitted drawings).
The following Written Description of our Request indicates the proposed use of this property and how it
conforms with the variance standards as set forth in Section 1201.05 of the Shorewood Zoning Regulations.
1. How resulting construction & use of Variance•
(a) Is consistent with intent of Comprehensive Plan.,
Use of this property will be for a single family, consistent with the intent of the Comprehensive Plan
which lists the property as a Residential District R -IA, single family zone.
(b) Is in harmony w /general pug2oses & intent of Zoning Regulations•
Use of this property follows the R -1A Zoning of this property and will remain a single-family dwelling
that is well under the 40,000 sf Single Family limits & designated as Shorelanrf GD (General
Development).
2. Establish any'practical difficulties' complying w/ this Chapter,
(a) Owner wants to use property in reasonable manner but NOT permitted by this Chapter•
Owners believe that other than a small hardcover overage, all other intended uses of this property are
permitted by the Shorewood Zoning Regulations - Section 1201.05.
(b) Plight of Landowner due to circumstances unique to property NOT created by Landowner•
The narrow character of this site created the circumstances requiring this Variance and the proposed
new home will be designed to best address this issue.
(c) Variance would not alter essential character of Locality;
Proposed ]come design is similar to neighbors oil either side and should complement their structures,
maintaining or increasing their value.
3. Variance NOT based ONLY on economic considerations•
The existing house was used only as a 'summer cabin' and the proposed new construction will be used as
a primary residence and not as an investment property.
4. Variance shall NOT:
(a) Impair on adequate supply of light & air to adjacent property,
The orientation of the existing home is not known to have impaired light & air supply to adjacent
properties, and since the proposed new home will be only slightly larger and generally on the same
footprint, this condition should not change.
(b) Increase congestion in public street:
Owners are a retired couple with one son at home. The proposed new home has sufficient onsite
parking and therefore should not increase congestion in the public street.
(c) Increase danger of fire,
Access by Fire Equipment is not impaired in any way and the Owners perrrtartettt presence would help
decrease fire dangers by their constant on site vigilance. Also, the new home would be better protected
due to its fire safety updates and therefore less of a potential fire hazard than the existing 107-year-old
house.
(d) Endanger Public Safety;
The Owners permanent presence on the property reduces the chance of vandalism and increases
vigilance which would help to deter other potential crimes.
5. How resulting construction & use of Variance:
(a) Not detrimental to Public Welfare:
This sites location does not come in contact with the general public and so should not be a detriment to
anyone.
(b) Not incurious to other lands or improvements in the neighborhood•
The surrounding lands & /or neighborhood will not be affected in any way since drainage leads away
front Neighbors on both sides.
6. Variance is MINIMUM necessary to:
(a) Address or alleviate practical difficulties:
The proposed new home is of minimum size required for a comfortable living, and since the hardcover
amount should be decreased slightly, the Owners feel that it's a reasonable request.
We respectfully seek your approval of these variances, and are prepared to address any questions & /or comments.
Thank -you for your considerations.
Michael & Jane Schlangen
1941 Melody Hill Circle
Excelsior, MN 55331
pg. 2 of 2
LEGAL DESCRIPTION:
All that part of Block 3, "Sampson's Upper Lake Park Addition," described as follows:
ConmtencnIg at the Southeast comer of said Block 3; thence along the Easterly line thereof,
a distance of 265.9 feet to an Iron Monument; thence turning to the left oil an Angle 77
degrees 40 minutes a distance of 30 feet to an Iron Monument, the point of beginning of the
land to be described; thence on all extension of the last described line 30 feet along the share
to an Lan Monument, thence Southerly 279.2 feet to an Iron Monument on the South line
of said Block 3 distant 97 feet West of the Southeast corner thereof, thence Easterly along
said Block line 50 feet to an Iron Monument; thence Northerly to point of beginning; also
all die land lying between the extension of the sidelines of said property to the shore of Lake
Minnetonka, according to the recorded plat on file or of record in lire office of the County
Recorder (formerly Register of Deeds) in and for Hennepin County, Minnesota.
SCOPE OF WORK & LIMITATIONS:
1. Showing the length and direction of boundary lines of the legal description listed
above. The scope of our services does not include determining what you own, which is
a legal matter. Please check the legal description with your records or consult with
competent legal counsel, if necessary, to make sure that it is correct and that any
matters of record, such as easements, that you wish to be included on the survey have
been shown.
2. Showing the location of observed existing improvements we deem necessary for the
Survey.
3. Setting survey markers or verifying existing survey markers to establish the corners of
the property.
4. Existing building dimensions and setbacks measured to outside of siding or stucco.
5. Showing and tabulating impervious surface coverage of the lot for your review and for
the review of such governmental agencies that may have jurisdiction over these
requirements to verify they are correctly shown before proceeding with construction.
6. Showing elevations on the site at selected locations to give some indication of the
topography of the site. We have also provided a benchmark for your use in
determining elevations for construction on this site. The elevations shown relate only
to the benchmark provided on this survey. Use that benclmlark and check at least one
other feature shown on the survey when determining other elevations for use on this
site or before beginning construction.
7. The legal description above is based on the easterly line of Block 3 in Sampson's
Upper Lake Park Addition, which is not defined by the plat and there are conflicting
monuments in the neighborhood that do not give conclusive evidence of where that
line is located. The boundary of the property we show is based oil monuments that
seem to indicate side lines of this property that have been accepted as the boundary for
a period of time.
8. This survey has been completed without the benefit of a current title commitment.
There may be existing easements or other encumbrances that would be revealed by a
current title commitment. Therefore, this survey does not purport to show any
easements or encumbrances other than the ones shown hereon.
9. The survey shown here on is an update of a prior survey, dated April 2012, by James
Parker (retired). The update was to add elevation data and hardcover calculations only.
STANDARD SYMBOLS & CONVENTIONS:
"e" Denotes iron survey marker, found, unless otherwise noted.
r`
DATE I REVISION DESCRIPTION
ma aa"tnWest an»er o/ eiott .t
DRAWING ORIENTATION & SCALE CLIENTIJOB ADDRESS
MICHAEL SCHLANGEN
n� 27120 EDGEWOOD RD.
o a SHOREWOOD, MN
OF WATER —bz Jwl `O��?
i,`8Q401Nq$y HIGH WATER UNE (929.4)
- f 28.68 '
N 188
I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
SURVEYED DATE:
II
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EXISTING
GARAGE
W
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EXISTING HARDCOVER
HOUSE 1,413 SO. FT.
GARAGE 617 SO. FT.
BIT. ORI'JEVIAY /ROAD 2,082 SO. FT.
SHED 100 6o. FT.
DECK 324 SO. FT.
CONG. 'NALKS /SLAB 1,061 SO. FT.
TOTAL EXISTING HARDCOVER 5,597 SO. FT.
AREA OF LOT (TO DWI) 12,873 SO. FT.
LOT COVERAGE 43.54
BENCHMARK-
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17917 Highway No, 7
1143503
Minnetonka, Minnesota 55345
LICENSENO.
MAY 3, 2019
Phone (952) 474 -7964
APRIL 30, 2019
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Wayne W. Pre s
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1143503
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SHEET TITLE
EXISTING SURVEY
SHEET SIZE: 22 X 34
DRAWING NUMBER S1
190333 WP
SHEET i OF 1
I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
SURVEYED DATE:
Advance
M40 THAT I AM A DULY REGISTERED LAND SURVEYOR
1R✓DER THE 1-0S OF THE STATE INNESOTA
Surveying & Engineering, Co.
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APRIL 29, 2019
Wayne W. Pre s
DRAFTED DATE:
17917 Highway No, 7
1143503
Minnetonka, Minnesota 55345
LICENSENO.
MAY 3, 2019
Phone (952) 474 -7964
APRIL 30, 2019
Web: mm.advsur.com
DATE
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SHEET SIZE: 22 X 34
DRAWING NUMBER S1
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C,ULVER] S UNDER
/
DRIVE WAY VJ/P:AVC D
OR R(PRAP INLET
I
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OU (LE'T. EXACT
A976.1
L OC,AI[ON TO BE
Utj.
rrr I y
/ ¢
EXISTING TREE
DETERMINED.
1
i
�}
10 BE REMOVED
EXISTING WOOD DECK
Y"
to
i�r r �ii
r 9ar6
TO BE REMOVED
EXISTING SHED
\
L
NEW 12'X24' WOOID
i 11
(
0
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AF1f?,0N t350.sh Util
C,ULVER] S UNDER
/
DRIVE WAY VJ/P:AVC D
OR R(PRAP INLET
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OU (LE'T. EXACT
'
L OC,AI[ON TO BE
Utj.
�
/ ¢
EXISTING TREE
DETERMINED.
1
i
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10 BE REMOVED
EXISTING WOOD DECK
Y"
to
..
n
6
TO BE REMOVED
EXISTING SHED
L
NEW 12'X24' WOOID
TO BE REMOVED
/ �p
DECK
LINE OF NEW &
EXISTING - UTILITIES, ie
ELECTRICAL, AC,
PHONE, CABLE. GAS.
etc., RUN TO UTILITY
ROOM
r
NEW 18'X20` CONCRE FE—
APRON (360 sf) Util
�2 EXISTING & PROPOSED CONDITIONS
EXISTING GARAG[-
TO BE REMOVED
t�/ U
EXISTING ASPII L1
'" 1
I
I
EXISTING COIF
TO BE REMON
DhWANIIE.
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oa
PROPOSED NEW CONCRETE
WALK (3' -0" WIDE TYPICAL) tX
(303 sf)
lEXIST ING I
I EXISTING CONCRE-TE WALK
NORTH AREA
XIS1 ING GONCRF iF_:'WALK
2AV RS (40% PERVIOUS)
DRIVE & TURNAROUND
(1 383 s` TOTAL)
('. X83 X . 40 = 553.2 sf)
(1353 53 = 830 s` Impervious)
r31EXISTING & PROPOSED CONDITIONS (a) SITE ENTRANCE
PRELIMINARY
NOT FOR
CONSTRUCTION
Previously issued for
VARIANCE
APPLICATION
5 -17 -19
Revised Shts
S2 & S3 originally
submitted
7 -19 -19
Project Title:
Proposed
NEW
RESIDENCE
Jane & Michael
Schlangen
27120
EDGEWOOD
ROAD
SHOREWOOD
MN
Sheet Title:
PROPOSED
SITE PLAN
Scale:
AS NOTED
Date: 08At -19
Drawn By: DCB
S2
Sheet? of?
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0
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EXIS`tING HARDCOVER FOO AGES
�Flol: ADVAN('F Sury ,y..`>heet S1)
110lJ I:,,
1,d 1 3 sf
C: >AR A ( i_
611 st
DECK
288 sf
SHED
100 sf
DECK
324 sf
CONC. WALKS / SLAB
1,061 sf
TOTAL HARDCOVER
4,235 sf
AREA OF LOT
11,511 sf
(12,873 sf Less 1.362 sf Exist
Roadway)
LOT COVERAGE
36.€3 %
PROPOSED HARDCOVER FOOTAGES
HOUSE & GARAGE
2,208 sf
BIT'. DRIVE & f UI` INAROUND
830 sf
DECK
288 sf
CONCRETE WALK
303 sf
CONCRETE APRON
360 sf
TOTAL HARDCOVER
3.989 sf
AREA OF LOT
11,511 sf
(12,873 sf Less 1,362 sf Exist Roadway)
LOT COVERAGE
34.7 %
VARIANCES REQUESTED:
(VAR -1). This variance is requested for the required
setbacks on either side of the proposed new
house /garage location.
(VAR -2). This variance is requested for our propose
sidewalk not being the required 55 from side
property lines.
(VAR -3). This variance is requested for the required
setback of mechanical equipment which we cannot
meet. We submit however that this `might be'
resolved- &lor---corrrbined -with the variance; required
for the house setbacks.
D�
PROPOSED IMPROVEMENTS:
C / Utlt
1 Ij 1 . 35A I 1). Reduced hardcover counts from 30.8% to 34.7°le.
8 ," ��; €' )} Drainage patterns will not change with exception
/ `^> of proposed new driveway which will have culverts to
better direct water flow and gutters & downspouts will
be installed on entire house /garage.
�Jjj n` jam! 3). Excessive garage height problem of original
VAR -3 �� /� ',,,�j =�J,j submittal is eliminated by proposed new location.
J j� 4). Garage setback problem from Edgewood Road is
Util. 937.0 ��, I also solved by it's new attached location,
5). Our original proposal to expand the garage in size
is avoided and becomes part of the house size
requirements.
6). Two (2) existing trees in poor condition will be
�_ �t removed avoiding danger due to collapse.
3 Lr ELAN r
— � 7). Six (6) new trees will be installed, type & locat €on
r�x� NORTH per City & Calyx Design,
Util.L�iIJ rYr �'� IVort
I -r1xe Pifi�[ti l� - 8), Our proposed House location Is egLla(iy spaced
935.0 Nort a along the distance from property line on West sick; for
I better Mechanical access.
9). The steep downward entry to garage is stifftinated
_ _ G r
by It's proposed new location & the new driveway.
~ 10), House lire & safety code violations due to age
p
Oil - f�
are brought u to resent day standards.
g p Y`
��ENLARGED N. AREA @ HOUSE & GARAGE
S3 SCALE: 1 /16' =1'-0°
�
�ENLARGED S. AREA @ ENTRANCETO SITE
S3 SCALE: 1 /16 " =1' -0"
��HDCOVER CALCS & VARIANCE NOTES
S3 NO SCALE
DCB DESIGNS
1B
Commercial & Residential
Architectural Designs
65 Tonka Bay Road
Tonka Bay KIN 55331
Tel: (952) 250.1962
d.buermandmohsi. m
PRELIMINARY
NOT FOR
CONSTRUCTION
Previously issued for
VARIANCE
APPLICATION
5 -17 -19
Revised Shts
S2 & S3 originally
submitted
7 -19 -19
Project Title:
Proposed
NEW
RESIDENCE
Jane & Michael
Schlangen
27120
EDGEWOOD
ROAD
SHOREWOOD
MN
Sheet Tille:
PROPOSED
SITE PLAN W/
HARDCOVER
CALCULATIONS
Scale:
AS NOTED
Dale: 08 -01 -19
Drawn By: DCB
S3
Sheet 3 of 7
LINE OF TYPICAL 2W OVERHANG
R E C ]
PRELIMINARY
NOT FOR
CONSTRUCTION
:viously issued for
VARIANCE
APPLICATION
5-17-19
- il"I I ( )
j ; �a .0
r2�FLQOR PLAN (24'X92'=2,208so
SCALE AS 1.1STE6 IN -TSLK
Project Title:
Proposed
NEW
RESIDENCE
Jane & Michael
Schiangen
27120
EDGEWOOD
ROAD
SHOREWOOD
MN
Sheet Title:
MAIN & UPPER
FLOOR PLANS
scalw.
1118.. = 11-011
Date: 07' 19-19
prawn By. XB
Al
Sheet 4 of 7
a
0
3
0
r
1 L
WEST ELEVATION
A? sm-E AS USTED IN TBUC
DCE RESIGNS
Commensal &- Residential
Architectural Designs
65 Tonka By Read
Tonka Say MN 65"1
Tel: (952) 250 -1962
dbUetman @mchsh"m
PRELIMINARY
NOT FOR
CONSTRUCTION
Previously issued for
VARIANCE
APPLICATION
5 -17 -19
( S( "" r ; `al r '�{ it
11 t =k sa f a �
t
�o J t r t
937.0
Project Tltla:
Proposed
NEW
RESIDENCE
Jane & Michael
Schiangen
27120
EDGEWOOD
ROAD
SHOREWOOD
MN
Sheet Title:
EXT ELEVS E &W
Scale;
Date: 07- 19-19
Drawn By. - _ - DCB
Sheel B -of 7
RE C 01
1e4
vt,
PRELIMINARY
NOT FOR
CONSTRUCTION
Previously issued for
VARIANCE
APPLICATION
5 -17 -19
Project Title:
Proposed
NEW
RESIDENCE
Jane & Michael
Schlangen
27120
EDGEWOOD
ROAD
SHOREWOOD
MN
Sheet Title:
EXT. ELEVS N &S
SECTIONS N &S
Scale:
1/8" = 1'-0"
Date, 07- 19-.19 -
Drawn By:. Me