042985 CC/Planning Comm Min
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CITY OF SHOREWOOD
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JOINT: [CITY COUNCIL MEETING]
MONDAY, APRIL 29, 1985
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 PM
M I NUT E S
CALL TO ORDER
Mayor Rascop called the meeting to order at 7:30 PM.
ROLL CALL
Present:
Council: Mayor Rascop, Councilmembers Shaw, Haugen, Gagne and Stover.
Planning
Commission: Commissioners Spellman and Schultz
Staff: Planner Nielsen, Administrator Vogt and Deputy Clerk Niccum.
Absent:
Planning
Commission:
Chairman Leslie (excused), Commissioners Boyd, Reese, Benson
and Watten.
SHOREWOOD ZONING ORDINANCE REVIEW
Planner Nielsen reviewed the proposed new Zoning Ordinance as follows:
The current Zoning Ordinance was adopted in 1973, has been amended approximately
35 times, and is outdated.
There are three basic parts to the new Ordinance:
I. General Provisions
II. Administrative
III. Establishment of Zoning Districts
III. Establishment of Zoning Districts
This divides the community into various use districts. Each zoning district has
a section within the Ordinance specifying the regulations for that district.
Permitted uses - principal uses of property which have been predetermined to be
acceptable in the district where they are located. Any use not listed is not
allowed.
Accessary uses - activities secondary to the principal use of the site.
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CITY COUNCIL/PLANNING COMMISSION MINUTES
JOINT MEETING OF MONDAY, APRIL 29, 1985
page two
Conditional uses - activities which may be acceptable within a given area
under certain specific conditions. Conditional Use Permits (C.U.P.'s)
require a public hearing, Planning Commission review, and Council approval.
Lot sizes and setbacks
Structure height
Proposed Changes:
Residential District names to:
R-1...........single family
R-2...........single and two-family
R-3...........multiple family
Letters indicate intensity:
R-1A..........40,000 square feet
R-1B..........30,000 square feet (new)
R-1C..........20,000 square feet
R-1D..........10,000 square feet (new)
C-1 District - intensity reduced - more Conditional Use Permits.
Zoning Map - few changes
Shoreland Regulations are incorporated into ordinance. Setback from shoreline
increases from 50 feet to 75 feet.
Audience Response
Eileen Hassel - Edina Realty, 1120 Wayzata Blvd., Wayzata and Virginia Ridinger-
5330 Howards Point Road - Mrs. Ridinger divided 5330 Howards Point Road into
two lots recently. She and Ms. Hassel, her real estate agent, expressed deep
concern and anger, stating that the new shoreline setback (75 feet), along
with road and side setbacks, will make an expensive lakeshore lot unbuildable,
and wanted to know why they had not been informed of this change when the
property was divided.
Mayor Rascop Explained that due to a new stricter state regulation, the change
to 75 feet is mandatory, and that Planner Nielsen did not have this information
at the time the property was divided.
Planner Nielsen suggested that Ms. Hassel and Mrs. Ridinger meet with him to
see what can be done.
Larry Samuelson asked that the R-1D District be expanded to Glencoe Road, to
include the property at 5865 Glencoe Road (see Exhibit A - attached).
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CITY COUNCIL/PLANNING COMMISSION MINUTES
JOINT MEETING OF MONDAY, APRIL 29, 1985
page three
James Robin - 23420 Park Street also asked that the R-1D District be expanded
to Glencoe Road, to include Lots 4 through 9 in the west end of Balls
Addition.
Nicholas Ruehl - 456 LaFayette Avenue said he has a problem with "C-4"
Commercial Service District (Subd 2.e. "Enclosed boat and marine sales").
- 450 Lake Street were both concerned about the
possibility of more boat traffic and increased weekend activity. Both men
spoke favorably of Mick Niccum's Dredging Company, saying they would like
to see the zoning help Mr. Niccum, as he was trying to improve his property.
was also concerned about possible traffic increase if a
marina would ever come into the area, saying most people take the "back way",
as entering County Road 19 is difficult. He feels that the new C-4 zoning
is too confining for the businesses on the south side of County Road 19.
Planner Nielsen said that the C-4 draft originated because 0f a request by
Mr. Crepeau of Crepeau Docks to expand their operation because right now they
are nonconforming and can't do anything to expand. Part of the purpose of
this C-4 zone is to recognize pre-existing businesses, not to open up a new
Commercial District. C-4 zoning would allow Mr. Crepeau and Mr. Niccum to
improve their property. We can either eliminate III 36 Subd.2.e. completely
or make it require a Conditional Use Permit with a special stipulation that
no dockage be allowed with it.
Councilmember Haugen asked if a Conditional Use could be rewritten to include
the Dredging Company.
Planner Nielsen replied it is not one of the allowable Conditional Use Permit
uses.
said he would rather see Mr. Niccum's "Grandfather clause"
be extended in 1990.
Planner Nielsen said Mr. Niccum would not be able to improve or expand under
these conditions.
Nicolas Ruehl and want the Council to do whatever necessary
to help Mr. Niccum but would like to see III 36 Subd.2.e. removed from the
Ordinance.
Planner Nielsen suggested, and the Council agreed, that C-4 zoning be taken
under advisement and studied further.
Part II - General Provisions
This contains performance standards that may apply to several or all of the
zoning districts. It contains:
Definitions of words and terms used within the Ordinance
Nonconformities - Deals with uses or structures which do not meet current
zoning standards.
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CITY COUNCIL/PLANNING COMMISSION MINUTES
JOINT MEETING OF MONDAY, APRIL 29. 1985
page four
Fences
Screening and landscaping
Junk - cars and other junk storage.
Parking - both street and private property.
Building Construction Requirements - m1n1mum requirements for residential
construction. Also addresses mobile homes and prohibits metal buildings
on nonresidential property.
Home Occupations - will require either limited or special permits. The City
may wish to prohibit auto repair.
Audience Response
Karen Siegman - 5775 Echo Road mentioned rental problems regarding motors
hanging from trees, cars parked allover yards, and too many unrelated
people living in one house.
Planner Nielsen said that according to the new Ordinance parking will be
limited to specific places. Cars on property must be licensed and operable.
Junk cannot be stored outside. This should help alleviate some of the problems.
Alan Seigman - 5775 Echo Road really hates to see junk cars allover yards,
no grass left, and really would like to see things change and the Ordinance
enforced.
Nancy Clawson - 5720 Echo Road said there is a very large family living in the
rental house and it is not a business, it is a hobby, and these things are hard
to control.
Tom Buckley - 5760 Echo Road wanted to know what "teeth" the new ordinance
will have, and whether the renter or the owner is responsible.
Planner Nielsen said the City will continue to work on a "complaints received"
basis. There will be a penalty equal to a misdemeaner C$500) and each day will
constitute a separate offense. Both the renter and landlord will be informed,
but the owner will be responsible.
Jim Jenson - 5795 Echo Road "When cars are left up on blocks, aren't you dealing
with a safety factor? Is this allowed?"
Planner Nielsen - "No, it is not allowed, if you see a specific instance please
inform us and we will do something about it."
CITY COUNCIL/PLANNING COMMISSION MINUTES
JOINT MEETING OF MONDAY, APRIL 29, 1985
page five
. Councilmember Haugen would like to see strict rules on rental property.
Planner Nielsen said that the owners will be responsible. A letter will be
sent to the owner, giving him 10 days to take care of the problem. The next
step will be turning it over to the City Attorney. He will take it down to
the court and file a complaint and the next step will be court.
Win Kohls - 5680 Echo Road wanted to know what will be done about very
large boats sitting in front yards.
Planner Nielsen said they will be required to meet the same setbacks as a
structure, if there is still room to store a boat in the front yard, there
isn't anything we can do. In a "primarily boating community" it would create
too many problems to require back yard storage.
A resident of Echo Road (who did not identify himself) "I think what most people
on Echo Road, and in this community, want is what is reasonable, what common
sense dictates. We're looking for an Ordinance that has some bite."
Jack Barnum - 5740 Echo Road complained about high uncut grass.
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Planner Nielsen said the new Ordinance does not deal with grass, but perhaps
the Noxious Weed Ordinance should be updated to deal with the problem.
When someone takes out a Building Permit to build a house, how long do they have
to get the work done?
Planner Nielsen - 120 days. If they haven't called for an inspection within
that time, we will revoke their permit.
A water drainage problem on Echo Road was mentioned by two residents that had
flooded basements this year due to blockage of Badger Park drainage ditch.
Public Works crew cleared the blockage on the north side of County Road 19.
The residents requested that the ditch running through Badger Park be dragged
to clean it out.
Terry Klomps - 23950 Clover Lane wanted to know if the change from R-2 to R1-C
would affect his back setback.
Planner Nielsen said it will change from 50 feet to 40 feet.
How many parking spaces will a person be allowed to have?
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Planner Nielsen - It will depend on the length of the driveway. No parking
will be allowed in the front yard. One car can be parked on a paved surface
beside the driveway, and parking is allowed in the driveway.
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CITY COUNCIL/PLANNING COMMISSION MINUTES
JOINT MEETING OF MONDAY, APRIL 29, 1985
page six
Michael Pierro - 5880 Christmas Lake Road wants to know why III.23.h. was
extended from 3 to 6 months.
Due to the fact that some businesses are seasonal.
Michael Pierro also expressed concern over dock use and submitted suggestions
for change of II Subd. 7 (Exhibit B - attached). His main concern was using
private property as public access. He also mentioned parking problems due
to use for public access.
Mayor Rascop - Tonka Bay has passed an Ordinance that a resident can have 2
boats, they are allowed up to 4, but must sign an affidavit saying that the
resident owns all 4 boats. LMCD is also holding a public hearing on a new
ordinance. Registrations are difficult to check because if the boat is in
the water but not moving it doesn't have to be registered. It would be hard
to enforce such an ordinance using ownership, as boats can also be registered
internationally or with the Coast Guard, and these would not show up on the
state registrations.
Warren Peterson - 23660 Gillette Curve complained about a rental in the area
and wanted to know if a maintenance code could be set up for rentals.
Planner Nielsen said he doesn't know if it is legal to differentiate between
owned and rental properties. He will look into maintenance rulings, possibly
to cover all residential property.
II. Administrative Section
This contains procedural requirements for conditional use permits, variances,
amendments and appeals. It shifts some of the informational requirements from
City Staff to the applicants (i.e. mailing list of all property owners within
500 feet of the involved property). It complies with state statutes.
Council discussion - The Council questioned Planner Nielsen on various items
and suggested some changes which will be reviewed.
Public Hearing date for the Draft Zoning Ordinance was set for 21 May 1985.
LAND BEHIND PUBLIC WORKS GARAGE
Councilmember Haugen informed Council that Horace Murfin is interested in selling
the property north of the City Garage. Council asked her to talk to Mr. Murfin
about it and report back to them.
MINNESOTA DEPARTMENT OF FEDERAL SURPLUS PROPERTY
Mayor Rascop suggested to Council that the pay $30 yearly membership to the
abovementioned organization, and subscribe to their catalog, as it looks as if
they may have some excellent sale prices on many varied items (both office and
maintenance).
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CITY COUNCIL/PLANNING COMMISSION MINUTES
JOINT MEETING OF MONDAY, APRIL 29, 1985
page seven
Gagne moved, Haugen seconded to 1) pay the $30 membership fee; 2) subscribe
to the catalog; and 3) designate Mayor Rascop and Administrator Vogt as buyers.
Motion carried unanimously.
TRIVESCO MEETING - MONDAY, MAY 6, 1985 - 7:30 PM
Administrator Vogt requested that the Council meet Monday evening to go over
the Trivesco agreements so they can be accepted at the May 13th City Council
meeting. Council agreed to do so.
ADJOURNMENT
Gagne moved, Stover seconded, to adjourn at 10:35 PM. Motion carried unanimously.
RESPECTFULLY SUBMITTED
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Susan Niccum
Deputy Clerk