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012395 CC Reg Min , . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, JANUARY 23, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:00 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Administrator Hurm, City Engineer Dresel, City Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. B. Review Agenda Benson moved, Malam seconded to approve the agenda for January 23, 1995. Motion passed 5/0. . INTRODUCTION OF FIRE CHIEF Mayor Bean invited Fire Chief Dick Mahaffey and Assistant Chief David Hoo to introduce themselves and address Shorewood residents. Chief Mahaffey described the services provided by the Excelsior Fire Department. Assistant Chief Hoo stated the Department looks forward to serving the communities and working with the staff and Council. 2. APPROVAL OF MINUTES A. City Council Regular and Work/Executive Session Minutes - January 9, 1995 B. City Council Work and Executive Session Minutes - January 10, 1995 Stover moved, McCarty seconded to approve the Regular Council Meeting and Work/Executive Session Minutes of January 9, 1995 and the Council Work and Executive Session Minutes of January 10, 1995. Motion passed 5/0. 3. CONSENT AGENDA . Mayor Bean read the Consent Agenda for January 23, 1995. McCarty moved, Stover seconded to approve the Motion on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 95-9, "A Resolution Allowing Parking on the East Side of Old Market Road." B. RESOLUTION NO. 95-10, "A Resolution Revising the City of Shorewood's Wage & Salary Range Chart for 1995 and Setting the Monthly Contribution Toward the Monthly Insurance Premium for City Employees." Effective 01-01-95. REGULAR CITY COUNCIL MINUTES . January 23, 1995 - PAGE 2 C. Motion to Approve the City Administrator's Employment Agreement. D. RESOLUTION NO. 95-11, "A Resolution of Merit." J. Hurm, City Administrator. Motion passed 5/0. 4. MATTERS FROM THE FLOOR Mr. George Harrison, 24710 Amlee Road, expressed concerns related to the Gideon Woods project including tree removal, preservation, and replacement and accumulation of debris on the site. He claimed the development is unsightly, that the project does not appear to be monitored as promised, and requested that particular attention be given to the amount of hard cover on the site. Council directed the staff to investigate the issues described by Mr. Harrison and to prepare a summary of the status of the project including other complaints received during the construction period for the Council's review. 5. PARKS . Hurm directed the Council's attention to an amendment to Chapter 802.02 of the City Code proposed for adoption to make consistent all sections of the Code with respect to allowable hours of snowmobile use in Shorewood. Stover moved, Benson seconded to adopt ORDINANCE NO. 296, "An Ordinance Amending Chapter 802.02 of the Shorewood City Code Regarding General Operation on Streets and Highways of Snowmobiles." Motion passed 5/0. 6. PLANNING Commissioner Turgeon reminded residents that information meetings on the Comprehensive Plan Update are scheduled for January 30-31 and February 6-7,1995. An overview of the Plan may also be seen on cable television Channel 21. A. A Motion to Direct Staff to Prepare Findings of Fact Approving a Building Moving Permit and Conditional Use Permit for Accessory Space. in Excess of 1200 Sq.Ft. Applicant: James Pennington. Location: 5860 Eureka Road. Nielsen reviewed the applicant's proposal to move a 26'x 30' garage/storage building to his property which in combination with an existing attached garage exceeds 1200 sq.ft. of accessory space. A conditional use permit for accessory space in excess of 1200 sq.ft. is required (details in Nielsen's 12-29-94 memorandum). The request complies with zoning code criteria. Nielsen recommended approval of the request subject to conditions that: 1) the proposed building be reconstructed according to the State Building Code and completed within 6 months of approval of a building permit or if the building is moved to the applicant's property, the moving route be approved by the City Engineer, and 2) no home occupation may be conducted within an accessory . building unless a separate conditional use permit is approved by the City. Malam noted that during Planning Commission review of the request, the applicant stated the accessory building will not be used for any commercial application, but will be used to store personal property. . REGULAR CITY COUNCIL MINUTES January 23, 1995 - PAGE 3 Malam moved, Stover seconded to direct the staff to prepare a findings of fact approving a building permit and conditional use permit for accessory space in excess of 1200 sq.ft. for James Pennington, 5860 Eureka Road. Motion passed 5/0. B. A Motion to Direct Staff to Prepare Findings of Fact Approving a Variance to Shoreland District Hardcover Regulations and a Variance to Expand a Non-Conforming Structure. Applicant: Gene Gopon. Location: 20645 Radisson Road. Nielsen reviewed the applicant's proposal to substantially re-model a recently purchased home at 20645 Radisson Road. The project includes adding a room on the east side of the house and a second floor bedroom addition over the existing garage. The existing property does not comply with R-IC/S zoning district requirements in several ways as detailed in Nielsen's 12-27-94 memorandum. Nielsen described the project and emphasized that the project is a significant endeavor with respect to the structure. He related the applicant's efforts to maintain the existing hardcover on the site. . Nielsen explained that Code allows expansion of nonconforming structures or uses provided the expansion complies with current requirements and does not increase nonconformance. Approval of the variances is recommended with limitations: 1) the bedroom addition over the garage must comply with the 35' setback requirement; 2) the deck nearest the lake must be reduced to a 4' maximum width; 3) the 8'x 8' deck near the lake must be removed; and 4) the proposed sidewalk must be reduced to 4' in width. Nielsen reviewed possible methods for complying with condition 1). He stated the recommendation allows the applicant to substantially upgrade the property and achieve closer compliance with zoning requirements. Malam reported the Planning Commission recommended approval of the variances (including 4 staff conditions) on a 6/1 vote with additional conditions requiring clean-up of the property and correction of encroachments involving the dock and boat landing. Malam stated that although he concurred with the Commission's vote for approval, he did not strongly support the limitation imposed by condition 1) requiring that the bedroom to be built over the garage be jogged back by 1-112' to comply with the 35' setback from the street right-of-way. . Bean requested clarification whether a vertical extension increases nonconformity. Keane explained that the test is whether the intensity of the nonconformance is increased and each evaluation is made on a case by case basis. Nielsen stated that vertical expansion at the setback line has not been generally allowed, but the applicant prefers to build to the front edge of the garage. Mr. Gene Gopon, the applicant, expressed appreciation for staff and the Planning Commission assistance on this project. He displayed a paper triangle (18" at its widest point narrowing to nothing) to visually illustrate the minimal nature of the 1-1/2' area of nonconformance referred to in condition 1). He circulated photographs of the subject property and explained that construction without the variance would require addition of a metal roof extension resulting in additional cost and aesthetic damage. Gopon stated the request to construct the room addition above the garage flush with the garage is reasonable since the average setback is in conformance. He requested that a building permit be approved to expedite work on the project. Ms. JoEllen Hurr, the applicant's architect, explained that granting the variance is supported by conditions outlined in the Code in that it does not impair the supply of light or air to adjacent property, unreasonably increase congestion in the public street, increase fire danger or endanger public safety, diminish or impair established property values in the neighborhood, and does not . REGULAR CITY COUNCIL MINUTES January 23, 1995 - PAGE 4 violate the intent and purpose of variances within the Comprehensive Plan. She explained a survey and photos attached to the Gopon's 01-17-95 memorandum which show that the second level above the garage built flush would be 45' from the traveled road. During discussion, the Council extensively considered the Planning Commission's review, the definition of hardship, precedents, existing footprint of the home, the size of the variance, street right -of- ways, hard surface coverage, intent of the code for expanding nonconformity, and design options. Mr. Gopon explained that design options are not acceptable, complete destruction of the home was investigated, but rejected, and reiterated that the code provides Council discretion to grant the requested variance to allow reasonable use of the property. . Malam moved, McCarty seconded to direct the staff to prepare a findings of fact approving the application of Gene Gopon, 20645 Radisson Road, for a variance to expand a nonconforming structure and a variance to hard surface requirements subject to conditions 2), 3), and 4) of the 12-27-94 staff report, and cleanup of debris and correction of dock and boat securing area encroachments. Motion failed 2/3. Bean, Benson, and Stover voted nay. McCarty and Malam acquiesced with the Council majority consensus, even though they supported the applicant's request for the 1-1/2' variance with respect to the second floor addition above the garage, and commended the improvements to the property. Stover moved, Benson seconded to direct the staff to prepare a findings of fact approving the application of Gene Gopon, 20645 Radisson Road, for a variance to expand a nonconforming structure and a variance to hard surface requirements subject to conditions 1), 2), 3) and 4) of the 12-27-94 staff report, and cleanup of debris and correction of dock and boat securing area encroachments. Motion passed 5/0. The Council approved issuance of a building permit, before formal adoption of the findings of fact resolution, for the remodeling project proposed by Mr. Gene Gopon at 20645 Radisson Road. C. A Motion to Approve an Extension Regarding Notice to Remove. Appellant: Peter Zucco. Location: 4485 Enchanted Point. Nielsen reviewed the applicant's appeal for an extension to comply with a Notice to Remove dated November 10, 1994. Nielsen recommended that, as outlined in his 01-19-95 memorandum, the applicant be given 30 days to correct all violations except that the deadline for removal of a large boat be extended to May 15, 1995. The appellant was not present at the meeting. Benson moved, Stover seconded to approve the appeal of Peter Zucco, 4485 Enchanted Point, for extension of a deadline to February 23, 1995, to correct violations cited in a 11-10-94 Notice to Remove, with time for removal of a large boat extended to May 15, 1995. Motion passed 5/0. . 7. DISCUSSION OF POLICY ISSUES Consideration of a Policy Allowing Staff to Waive Late Penalties Mayor Bean read the proposed policy prepared for the Council's consideration that authorizes the . . . REGULAR CITY COUNCIL MINUTES January 23, 1995 - PAGE 5 Finance Director discretion to abate a late penalty from a residential utility billing account in an amount not to exceed $25 under 5 specific criteria (details in Rolek's 01-19-95 memorandum). Rolek stated the criteria must be clear to provide fair and equal administration of the policy. This policy does not preclude the appeal process available to residents. McCarty moved, Malam seconded to approve the Policy Allowing the City Finance Director to Waive Late Penalties on Residential Utility Billing Accounts as presented. Motion passed 5/0. 8. ADMINISTRATOR AND STAFF REPORTS A. Report on 1994 Objectives B . Review of Mission Statement and City Values Hurm directed the Council's attention to the 1994 objectives status report and noted that the Council's review of 1995 objectives is scheduled for July. The Council had no comments or questions. Hurm read the "City of Shorewood Mission Statement" and "City Values" which are both reviewed annually. The Council accepted both statements as presented with a correction to the spelling of the word "roll" to "role" in the first line of the "Shorewood City Values" document. Dresel reported that MNDot approved installation of stop signs and a flashing warning light in the Old Market RoadlFrontage Road intersections. 9. MAYOR AND COUNCIL MEMBER REPORTS Mayor Bean reviewed matters discussed at a recent South Lake Police Department meeting. He noted that Shorewood will negotiate the police department union employment contract in 1995 with the assistance of Excelsior and Tonka Bay. Mayor Bean will serve as the 1995 Vice Chair of the Joint Powers Committee. 13. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS " Benson moved, McCarty seconded to adjourn the City Council meeting at 8:23 p.m. to a work session format, subject to approv=:ll of claims. Motion passed 5/0. The Council reconvened in a work session to discuss Comprehensive Plan issues. . . . . REGULAR CITY COUNCIL MINUTES January 23, 1995 - PAGE 6 RESPECTFULL Y SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: ~ JA S C. HURM, CITY ADMINISTRATOR 0,) Ii1f?s 8-c i-.....d~;,.J..A.-r \',,)1 ( ..~ ROBERT B. BEAN, MAYOR