01-07-2020 Planning Commission Meeting
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY JANUARY 7, 2020 7:00 P.M.
A G E N D A
CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE
MADDY (FEB.) ______
GORHAM (tbd) ______
EGGENBERGER (tbd) ______
GAULT (JAN.) ______
RIEDEL (tbd) ______
1. APPROVAL OF AGENDA
2. APPROVAL OF MINUTES
December 03, 2019
3. PUBLIC HEARINGS
A) MATTHEW SAYER - PRELIMINARY PLAT AND LOT WIDTH AND AREA
VARIANCES
Applicant: Sathre-Bergquist, Inc.
Location: 20325 Excelsior Boulevard
(Open public hearing and continue to February 4, 2020)
4. OTHER BUSINESS
A) ZONING ORDINANCES AMENDMENT
Miscellaneous text amendments
5. MATTERS FROM THE FLOOR
6. REPORTS
Council Meeting Report
Update on New Construction Permits and Rental Licensing
Draft next meeting agenda
Sensible Land Use Coalition January Program
7. ADJOURNMENT
CITY OF SHOREWOODCOUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, DECEMBER 3, 2019 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Chair Maddy; Commissioners Gorham and Gault; Planning Director Darling; and,
Council Liaison Siakel
Absent: Commissioners Riedel and Eggenberger
1. APPROVAL OF AGENDA
Gorham moved, Gault seconded, approving the agenda for December 3, 2019, as
presented. Motion passed 3/0.
2. APPROVAL OF MINUTES
October 22, 2019
Gorham moved, Gault seconded, approving the Planning Commission Meeting Minutes of
October 22, 2019, as presented. Motion passed 3/0.
3. PUBLIC HEARINGS - NONE
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
to help the City Council in determining zoning and
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 WALNUT HILL COMPREHENSIVE PLAN
AMENDMENT; REZONE TO R-1C; PRELIMINARY AND FINAL PLATS
Applicant: Debra Hunt
Location: 24340 Yellowstone Trail
Planning Director Darling gave an overview of the application regarding 24340 Yellowstone Trail.
She explained that the application is to subdivide the property into two lots to allow for the
construction of one additional single family home. She stated that the applicant has also applied
to change the Comprehensive Plan land use plan from minimum density residential to low
density residential. She explained that staff is not recommending approval of the Comprehensive
Plan land use amendment for just the applicant property and had encouraged the applicant to
speak with the neighboring properties to join this application. She stated that because staff does
not recommend this change, they also cannot support the rezoning request because it would
allow for development that would be inconsistent with the land use plan. She stated that this also
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
December 3, 2019
Page 2 of 6
means that staff cannot support the subdivision request because it needs to be consistent with
both the zoning district and Comprehensive Plan. She stated that the City has received two letters
regarding this application, one expressing concern and the other indicating support.
Commissioner Gorham stated that staff had indicated that they would encourage the property
owner to apply for the Comprehensive Plan amendment as a larger group and asked how many
property owners would be necessary for the City to consider changing a larger area of land use.
Planning Director Darling stated that they have asked residents to work with their surrounding
neighborhood, a specific number is not required.
Commissioner Gorham asked whether it would be asking for the whole street in this instance.
Planning Director Darling stated that it would be a few of the surrounding parcels, and at a
minimum, the property to the west and a few properties surrounding it. She stated that the
property owner can speak to the question of who they contacted in the neighborhood. She noted
that the properties to the south are all zoned R-1C and the properties on the north and east are
zoned R-1A. She stated that there is one other parcel across the street to the west that has also
been guided for the minimum density for the land use.
Sarah Bennett, attorney for Debra Hunt, the applicant, appeared and explained that Ms. Hunt
currently lives in California and is the trustee for her father, Marvin Boote. She explained that Mr.
Boote has owned this property since 1960 and is now 93 and has moved to California to be with
his daughter. She stated that she disagrees that allowing this change would change the character
of the neighborhood because much of the area is already zoned R-1C and would only require a
map amendment in the Comprehensive Plan. She noted that a tree preservation plan was
submitted as part of this application so they will not interfere in the natural landscape in the area.
Commissioner Gorham asked about her distinction between a text amendment and a map
amendment on the Comprehensive Plan.
Ms. Bennett explained that she did not see anything when she was reading the Comprehensive
Plan that would require a text amendment. She stated that this amendment would not try to thwart
any of the policy objectives in the Plan. She stated that she understands Planning Director
ask whether this application really interferes or takes away from the goals of the Comprehensive
Plan.
Commissioner Gorham asked why Ms. Bennett thinks this situation is unique and would not set
a precedent.
Ms. Bennett stated that she believes the City needs to take a look at the properties in the
surrounding areas as well. She stated that they contacted some of the neighbors regarding the
Comprehensive Plan amendment. She explained that one submitted comments in opposition and
one has submitted comments in support. She stated that, to her knowledge, the rest of the
neighbors are not opposed to the amendment, but do not see any practical benefit for themselves
at this time.
Commissioner Gault stated that it appears as though the only reason the current property owners
want to make this change is for financial gain. He stated that he does not like the idea of spot
zoning.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
December 3, 2019
Page 3 of 6
Ms. Bennett stated that there is someone interested in purchasing the property. She stated that
if this is rezoned, they would hope that some of the surrounding properties would also rezone in
the future, but if they do not, she does not believe that it will be inconsistent with the entire
surrounding area. She stated that she does not see this change sticking out like a sore thumb.
Chair Maddy opened the Public Hearing at 7:32 P.M. noting the procedures used in a Public
Hearing.
Ed Hasken, 24315 Yellowstone Trail, stated that he has lived here for 28 years. He stated that
he spoke with most of the surrounding neighbors on behalf of Mr. Boote. He stated that seven of
the properties stated that they did not care if this was done, but did not want to participate in the
process. He noted that the lots around them are not able to be subdivided because they are
either too narrow or too small. He reiterated that the neighbors do not oppose the subdivision.
He stated that if this lot were subdivided it would help the City pay the infrastructure costs for the
water in the area. He stated that if approved, there would be financial gains for the City as well
as the property owner. He stated that he does not think the potential financial gains is reason for
the City to deny this request.
letter explaining their position.
Mr. Hasken stated that he knows that one neighbor did not oppose the plans, but had problems
with the BooteHe stated that
he was unsure they the others did not submit a letter.
There being no additional comment, Chair Maddy closed the Public Testimony portion of the
Public Hearing at 7:40 P.M.
Chair Maddy explained that the City needs to apply the standards and policies uniformly and
consistently.
Commissioner Gault stated that he does not support doing the spot zoning that is proposed.
Gorham moved, Gault seconded, recommending the Council deny the request by Debra
Hunt, 24340 Yellowstone Trail, for a Comprehensive Plan Amendment, Rezone to R-1C and
Preliminary and Final Plats. Motion passed 3/0.
Planning Director Darling noted that this item will come before the Council on January 13, 2020.
B. PUBLIC HEARING MATTHEW SAYER PRELIMINARY PLAT AND LOT WIDTH
AND AREA VARIANCES
Applicant: Sathre-Bergquist, Inc.
Location: 20325 Excelsior Boulevard
Planning Director Darling stated that the applicant proposes to subdivide the parcel and build two,
two-family dwellings with each half of the townhome being on its own lot. She noted that the
applicant has indicated that they are not quite ready to move forward and have requested
additional time to complete their paperwork. Staff recommends that the Planning Commission
open the public hearing and continue it to a future date.
Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:49 p.m.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
December 3, 2019
Page 4 of 6
Gorham moved, Gault seconded to continue the Public Hearing for the Preliminary Plat
and Variances requested by Sathre-Bergquist, Inc., for property located at 20325 Excelsior
Boulevard, until January 7, 2020. Motion passed 3/0.
4. OTHER BUSINESS
MINOR SUBDIVISION AND LOT AREA VARIANCES
Applicant: Lake West Development, LLC
Location: 24845 Smithtown Road
Planning Director Darling stated that the applicant is proposing to remove the existing buildings
and subdivide the property into two lots that would access Club Lane. She stated that because of
the right-of-way dedications and easements, the lots are slightly smaller than allowed which is
why staff is recommending approval of the variances proposed subject to the conditions as listed
in the report.
Commissioner Gorham asked if the neighborhood had been contacted regarding these plans.
Planning Director Darling stated that all property owners within 500 feet were notified.
Commissioner Gault asked if a variance would be required without the roadway easements they
are providing to the City.
Planning Director Darling stated that without the easements, they would have an adequate
amount of land and would not need a variance.
Curt Fretham, Lake West Development, appeared before the Commission.
Chair Maddy opened public comment at 8:00 p.m. and there being no public comment, closed
that portion of the meeting.
Gault moved, Gorham seconded, to recommend the Council approve the Minor
Subdivision and Lot Area Variances request by Lake West Development, LLC, with
conditions as listed in the staff report for property located at 24845 Smithtown Road.
Motion passed 3/0.
Planning Director Darling noted that this will be on the Council agenda on December 9, 2019.
Chair Maddy recessed the meeting at 8:01 p.m. and reconvened at 8:05 p.m.
C. MINOR SUBDIVISION/COMBINATION (LOT LINE REARRANGEMENT)
Applicant: Keenan & Sveiven, Inc.
Location: 22425 Murray Street
Planning Director Darling explained that this application is for a lot line adjustment between two
properties that are owned by the same property owner. She noted that the requested change is
to accommodate changes to the pool and accessory buildings and allow for additional impervious
surface coverage. She stated that staff recommends approval subject to drainage and utility
easement dedication.
Chair Maddy asked whether the parcels are within the Shoreland District.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
December 3, 2019
Page 5 of 6
Planning Director Darling noted that the northerly portion of the lots would be part of the Shoreland
District.
Gault moved, Gorham seconded by to recommend approval of the request by Keenan &
Sveiven, Inc. for a lot line rearrangement for the property at 22425 Murray Street, subject
to the dedication of the drainage and utility easement. Motion passed 3/0.
Planning Director Darling noted that this will be on the Council agenda for December 9, 2019.
5. MATTERS FROM THE FLOOR
Chair Maddy noted that the Commission had received a letter reminding them of resident
concerns regarding lighting near the Shorewood Landing facility.
Planning Director Darling stated that the direction she received from the Commission was to look
at lighting standards for commercial properties but was not given any direction for changes in
code for holiday lighting. She stated that she will be looking at the commercial regulations and
may have that ready for discussion at the January or February meetings.
Councilmember Siakel asked if the City could make a simple phone call and ask that the lights be
turned off by 11:00 p.m. or something to help accommodate the nearby residents.
Planning Director Darling explained that she has been doing that for the last few years.
6. REPORTS
Liaison to Council
Council Liaison Siakel
November 25, 2019, meeting and the Truth in Taxation meeting on December 2, 2019 (as detailed
in the minutes for those meetings).
Commissioner Gault asked if anything had happened surrounding the discussion of a new traffic
study for access to Highway 7 with the intent of determining the possibility of lights at Eureka.
Planning Director Darling explained that discussion was within the context of a review of a
development application. She stated that if the application moves forward, the City can ask for
the traffic study, but if there is a lower density proposal for this parcel, it may not be necessary.
She noted that the elected officials were going to have a higher-level discussion with the
appointed officials at MnDot on the needs in the area.
Council Liaison Siakel gave a brief update on the request from Tonka Bay for the City to vacate
their easement for their proposed apartment building near the Public Works facility.
Draft Next Meeting Agenda
Planning Director Darling stated the
and lot width variances for Sathre-Bergquist for the property at 20325 Excelsior Boulevard is
slated for the January 7, 2019, Planning Commission meeting. She stated that she also plans to
work on some draft code amendments for discussion at this meeting.
Council Liaison Schedule:
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
December 3, 2019
Page 6 of 6
Commissioner Gault January
Chair Maddy February
7. ADJOURNMENT
Gault moved, Gorham seconded, adjourning the Planning Commission Meeting of
December 3, 2019, at 8:28 P.M. Motion passed 3/0.
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Marie Darling, Planning Director
MEETING DATE:
January 7, 2020
RE:
Preliminary plat and variances for a subdivision of property
APPLICANT:
Sathre-Bergquist, Inc.
LOCATION:
20325 Excelsior Blvd
REVIEW DEADLINE:
To be determined
ZONING:
R-2A
COMPREHENSIVE PLAN:
Low to Medium Density Residential (3-6 units per acre)
FILE NO.:
19.25
REQUEST
The applicant proposes to subdivide the subject
properties into four lots for two new single-family
homes. At this time the applicant requests
additional time to complete their application.
Notice of the application was published in the
official newspaper at least 10 days prior to the
meeting. A mailed notice and a revised mailed
notice was sent to all property owners within 750
feet of the property.
Staff requests this item be continued to the February 4, 2020 meeting to allow the applicant time to
complete their application.
ATTACHMENTS
Location map
S:\Planning\Planning Files\Applications\2019 Cases\Matthew Sayer Subd\PC memo - Continuance..docx
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
MEMORANDUM
TO:
Planning Commission
FROM:
Marie Darling, Planning Director
MEETING DATE:
January 7, 2020
RE: Update of Zoning Text Amendments for Discussion Purposes
Attached are amendments to the zoning, subdivision and nuisance regulations.The amendments are split
into two groups Housekeeping (H) or Substantive (S). Housekeeping regulations are self-explanatory;
they provide clarification or correct references, grammar, spelling, spacing, etc., and are not presented
separately below. The substantive amendments reflect a change in process or practice and are explained
below individually.
Lighting regulations
Earlier this year, the Planning Commission received a request from a resident living across Chaska Road
from Shorewood Landings for relief from the holiday lighting impacts. The Planning Commission and
City Council both discussed making some changes to the lighting regulations, although the City Council
indicated that there should be fewer changes for lighting for single-family properties. Zoning ordinances
are not retroactive; the new regulations would be applied for properties moving forward. Nuisance
ordinances may be applied to existing properties.
The proposed lighting regulations were drafted primarily to reduce glare and off-site impacts for non-
residential lighting and for residential properties with apartments larger than six units. The lighting section
would be split into two groups:
Regulations to prevent glare (1201.03 Subd. 2. i.) : Modernizes the language and includes language
addressing both direct lighting and indirect (spill) lighting. Staff included language addressing spotlights
and floodlights in this section and such requirements would be subject to all uses city-wide. However, the
Commission could direct that the regulations on uplighting could be incorporated into section 1201.03
Subd. 2. v. and apply only to non-residential and apartment larger than six units.
Regulations to control brightness (1201.03 Subd 2. v.): The regulations were drafted to limit mounting
height, brightness, color, shielding, etc. and developers would be responsible for providing information on
the site lighting with their other development review details. Properties would be allowed a maximum
number of lumens based on the total area of impervious surface, with some additional lumens allowed for
gas stations and drive-thru service windows.
Page 2
The changes to the lighting regulations also include an amendment to the nuisance regulations to add
holiday lights when lit between 11 p.m. and 7 a.m.
Allowing two homes on a property
Because conditional use permits are typically used for permanent additions, staff recommends reviewing
this type of request using an interim use permit as they usually have a defined end date. Staff also
recommends increasing the amount of time the property owner can keep a second home on the property as
construction duration is increasing with the size and complexity of new homes. The code could allow a
specific amount of time, like nine months or use a specific point in construction to determine when it would
be appropriate to remove the existing house, like when the water supply is hooked up to the new house..
Allow portico additions to encroach into the front setback in all districts
During the review of a variance application in 2018 for a variance to allow a front portico, one of the
Councilmembers suggested that a portico may be an appropriate allowance for all homes, not just those
constructed prior to 1986. The proposed regulations would open up the encroachment to all homes.
Egress pit encroachments
During the review of a similar PUD amendment for the Minnetonka Country Club, the City Council
considered whether it would be appropriate to allow egress pits the ability to encroach into yards for homes
outside the Minnetonka Country Club. Because homes in older subdivision may not have had an extensive
drainage review, staff propose to allow the egress pits in required front, side abutting a public street or rear
yards, but preserving the 10-foot side-yard setbacks for homeowners to have some ability to correct
drainage problems between homes without a permanent structure in the way.
Digital order signs
This amendment is to allow all drive-thru businesses the ability to add a digital order confirmation board as
a separate sign rather than having to combine it with their menu board. This amendment was discussed
originally during the review of the Starbucks variance request for the separate order station.
Zoning permits
The list of uses and projects in the code that require a
The permits are supposed to be used for checking setbacks and impervious surface coverage where no other
dimensional/hardcover
regulations and staff has never processed a permit for either: irrigation systems and dog fences.
Additionally, another listed use is for tents and canopies for periods longer than 2 weeks, but the zoning
except as permitted for outdoor sales through a conditional use
patios, sidewalks and similar. Consequently staff has added those uses to this section.
PUD process
The current PUD requirements are process intensive. For example, the concept plan requires multiple
public hearings, one at the Planning Commission and one at the City Council. Each hearing requires
separate publication in the official newspaper and mailed notices to neighbors. Published legal notices are
the least effective means to convey information to the public and the most expensive. Staff propose to limit
the public hearings to one at concept stage and one at development stage and a mailed notice for each of
those public hearings. Both public hearings would be held in front of the Planning Commission.
Page 3
Minor subdivisions/combinations
The City no longer has any review authority over lot combinations; the County is the reviewer for that type
of application. All language referring to combinations has been removed. The changes proposed to minor
subdivisions include changing to the duration of time to be consistent with state statute. Staff also propose
to remove the ability of properties to complete multiple minor subdivisions on properties. Currently, a
property owner can subdivide property by minor subdivision if the property was created by a minor
subdivision prior to 1985, a plat or an RLS. Dividing properties by metes and bounds subdivisions creates
messy legal descriptions and the issues are compounded with multiple subdivisions regardless of when the
division was approved. Consequently, staff propose allowing minor subdivisions on properties that have
been previously platted to minimize the overly complicated legal.
Minor subdivisions do not require any mailed notice to homeowners and none is required by statute. The
Commission could consider adding a requirement for a mailed notice to the neighborhood into the process.
Subdivision variance process
Subdivision variances are typically reviewed with a subdivision, either a plat or a minor subdivision.
require a public hearing and requiring a public hearing for a variance is unnecessary. Staff do not
recommend removing the mailed notice to adjacent homeowners.
ATTACHMENT
Table of Proposed Amendments
Draft Ordinance
Minutes from Planning Commission meeting and City Council meeting (lighting discussion)
Table of Proposed Revisions
Amendment S/H Reason for Revision Page #
#
Amendments to the Zoning Ordinance
1 H Clarify definition to reflect practice 1
2 H Change definition of church to religious institution, both terms used 1
throughout ordinance
3 H Change definition to reflect current practice 1
4 H Remove dimensions from definition (repeated in 1201.03 Subd. 14) 1
5 H Correct definition to reflect practice 1
6 H Clarify definition to reflect practice 1
7 H Clarify definition to reflect practice 1
8 S Add lighting related definitions to provide additional regulatio 2
9 H Change definition of church to religious institution, both terms2
throughout ordinance
10 H Change reference from church to religious institution 2
11 S Change process for the allowance of two structures on a lot from2-3
conditional to interim and to reflect current building practices
12 H Previous removed this language, but left in by codifiers 3
13 H Change process to reflect current practice 3
14 H Add language to reflect current practice 3
15 H Change tree size to be consistent with Tree Preservation and 4
Replacement policy
16 H Change regulations to reflect recent change in Right-of-Way 4
regulations or to reflect current practice
17 H Grammar correction 4
18 S Clarify glare regulations 4-5
19 H Correct district references 5-6
20 S Add additional lighting regulations 6-8
21 H/S Separate two unrelated regulations into separate paragraphs, all8-9
portico additions to the front of homes regardless of date of
construction
22 H Provide clarity to regulation 9
23 H Amend pool setbacks to allow safety egress around pool 9
24 H Grammar correction 9
25 S Allow for egress pits in front and rear yards as directed after 9
in PUD for Mntka Country Club subdivison
26 H Change reference 10
27 H Grammar correction 10
28 H Preserve drainage and utility easements for those purposes 10-11
29 H Change references 11
30 H Change references 11
31 H Clarify status of canvas/vinyl. Revise 150 square foot reference to be 12
st
consistent with 1 sentence
32 H Add prohibited materials in residential construction 12
33 H Add stucco to the list of allowable uses and some additional 12
flexibility in the design of commercial structures
34 H Add a maximum height for directional signs 13
35 H Correct spelling error 13
36 S Allow digital order confirmation signs in addition to menu board14
drive-thru service windows
37 H Change process to correct current practice 14
38 H Correct home occupation prohibition to avoid duplication in section 15
502 of City code.
39 H Correct reference to terms used elsewhere in the zoning regulati 15
40 H Correct district references 15
41 H Add PUDs and correct reference to current practice 15
42 H Reduce number of plans submitted 16
43 H Change process to reflect current practice 16
44 S Amend zoning permits regulations to reflect current practice 16-17
45 H Clarify reference, remove uses that are not likely to occur 17
46 H Correct references 18
47 H Clarify reference 19
48 H Correct reference 19
49 H Add religious institutions as a permitted use 21
50 H Remove extra space 22
51 H Correct lighting references 22-28
52 H Add the reference to the permitted use 28
53 H Correct lighting reference 29
54 S Correct the PUD process to reflect current practice and state statute 29-31
55 S Correct the PUD process to be consistent with state statute and 31-32
current practice
56 S Correct the PUD process to be consistent with state statute and 32-33
current practice. Allow final plan approval to last one year
Amendments to the Subdivision Regulations
1 H Correct the process to reflect current practice and state statut 34-36
2 H Modernize reference 36
3 S Clarify process for minor subdivisions and remove requirements f37-38
review of consolidations
4 S Correct the process for subdivision variance to reflect current 38-40
practice and state statutes
Amendments to the Nuisance Regulations
1 S Add holiday lights between 11 p.m. and 7 a.m. 42
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 25, 2019
Page 5 of 8
E. Direction on Potential Lighting Amendments
Planning Director Darling explained some of the discussion that the Planning Commission held
regarding lighting concerns raised by a resident that lives near Shorewood Landing. She stated
that the Planning Commission has requested that the City consider additional regulations
concerning light sources, uplight and glare restrictions, additional hooding/shielding requirements,
a maximum amount of lumens for signs and commercial sites, and commercial lighting levels
overall. She stated that the Planning Commission was split on whether to apply nuisance lighting
restrictions to holiday lighting. She stated that there is also some language in the existing
that she would like Council direction in order to continue working on these potential changes.
Mayor Zerby stated that output is important and easy for the City to look and supports cleaning
up the outdated language as well.
residential.
Mayor Zerby stated that he thinks commercial is where it is needed, not residential usage.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
MARCH 5, 2019
Page 7 of 10
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.
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.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
MARCH 5, 2019
Page 8 of 10
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.