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092605 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 26,2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:02 P.M. A. Roll Call Present: Mayor Love, Councilmembers Lizee, Turgeon, and Wellens; Planning Director Nielsen (Acting Administrator); Assistant City Attorney Mayeron, and Engineer Brown Absent: Councilmember Callies; Administrator Dawson and Finance Director Burton B. Review Agenda Lizee moved, Wellens seconded, the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 12, 2005 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of September 12, 2005, as presented. Motion passed 4/0. B. City Council Work Session Minutes, September 12, 2005 Lizee moved, Wellens seconded, Approving the City Council Work Session Meeting Minutes of September 12, 2005, as presented. Motion passed 4/0. 3. CONSENT AGENDA Turgeon moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - no action required Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. CITY OF SHOREWOOD REGULAR COUNCIL MEETING September 26, 2005 Page 2 of9 . 6. PUBLIC HEARING There were no public hearings scheduled. 7. PARKS A. Report on the September 13, 2005, Park Commission Meeting Chair Davis reported on the actions taken and motions considered at the September 13, 2005, Park Commission Meeting (as detailed in the minutes of that meeting). She also noted the resignation of Commissioner Wagner due to work constraints, and further noted he would be greatly missed by the Commission because he gave so freely of his time in the volunteer role. She stated he was very active outside of the Commission meetings, and he would still like to remain part of the "Friends of the Park Commission" activities. 8. PLANNING Commissioner Gniffke reported on matters considered and actions taken at the September 20, 2005, Planning Commission meeting (as detailed in the minutes of that meeting). . In response to a question by Councilmember Turgeon regarding recent municipal lawsuits regarding signage issues, Planning Director Nielsen stated City ordinances were in place to restrict such frivolous lawsuits and further legal review was underway by the City Attorney. A. C.U.P. for Accessory Space Over 1200 Sq.Ft. Applicant: Vernon Compton Location: 25765 Smithtown Road Planning Director Nielsen explained the applicant had applied for a conditional use permit to construct accessory space in excess of 1200 square feet on the property located at 25765 Smithtown Road. Mr. Compton proposed building a new utility shed to the west of an existing shed that was west of the house on the property. Since the area of the shed, combined with the existing shed and an existing attached garage, exceeds 1200 square feet, a c.u.P. was required. The property was zoned R-1C, Single-Family Residential and contained 59,961 square feet of area. He explained the site was occupied by the owner's home and attached garage, and a 20' x 27.8' shed. The existing garage contained 720 square feet. The existing shed contained 667 square feet. Adding the proposed 10' x 20' shed adds 200 square feet for a total area of 1587 square feet. The new shed will be approximately 30 feet from the south side of the site and 70 feet from the H.C.R.R.A. trail that forms the northerly boundary of the property. Director Nielsen also noted the existing home contained a little more than 1800 square feet of floor area above grade. Planning Director Nielsen then stated that based upon the preceding analysis, it was recommended that the applicant's request for a conditional use permit be granted, subject only to the standard warning that such structures were for residential use only, and that any type of home occupation conducted within an accessory building must obtain a separate permit. . Lizee moved, Wellens seconded, Adopting RESOLUTION NO. 05-087, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space for Vernon Compton, 25765 Smithtown Road." Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING September 26, 2005 Page 3 of9 . B. Rezoning from R-IA, Single-Family Residential to R-IC, Single-Family Residential Applicant: Mark Kennedy Location: 23975 Yellowstone Trail Planning Director Nielsen explained the applicant, Mark Kennedy, owned the property at 23075 Yellowstone Trail. He had requested a rezoning of the property from R-IA, Single-Family Residential to R-2A, Single and Two-Family Residential, to facilitate a subdivision ofthe property into two lots. The subject property contained 44,045 square feet of area and was currently occupied by Mr. Kennedy's house and a detached garage. He noted the land use and zoning surrounding the property to the north included single-family residential, zoned R-1A; to the east included Lake Linden (wetland), zoned R-1C; to the south included two-family dwelling, zoned R-2A; and to the west included single-family residential, zoned R-IA. . Planning Director Nielsen then displayed a zoning map of the area, noting there were several possibilities for rezoning that would be logical for this property. He also stated evaluation of any rezoning request should be based upon the Comprehensive Plan. In addition, it was important to understand if the property could be developed under the proposed zoning. With respect to the Comprehensive Plan, the current land use designation for the sit was "Low Density Residential, 1-2 Units Per Acre". Since the property south of the applicant's was zoned R-2A, the rezoning could be viewed as a logical extension of that zoning. The R-2A district allowed two-family dwellings on 30,000 square-foot lots or single-family homes on 20,000 square-foot lots. The applicant had indicated that he wished to subdivide the property into two single-family lots. He went on to explain that while the current application did not include a request for subdivision, it was important to consider how the property could be developed under the proposed zoning. He also noted the applicant had not yet submitted a plan showing how the property could be divided, however, his request letter indicated the two future lots would contain 18,500 and 19,500 square feet of area. This was inconsistent with the survey of the property that showed a total area of 44,045 square feet. Planning Director Nielsen then stated Staff had taken the liberty of considering two alternatives for division of the property. Both alternatives appeared to comply with the dimensional requirements of the R-2A district (minimum 100 feet of width, measured at the building line, and 120 feet of lot depth), and appeared to comply with the minimum lot area requirement of 20,000 square feet. He explained that the first alternative was more conforming, and should the concrete patio on the east side of the home be reduced in size, the property would comply with R-2A setback requirements. He further explained that the second alternative resulted in the garage being too close to the rear property line. Planning Director Nielsen also explained a third alternative had been proposed by the applicant that included a "gerrymandered" lot line that was not typically utilized in subdivision situations. He concluded by stating that should the applicant demonstrate that the proposed lots can, in fact, be subdivided in compliance with R-2A standards without any variances, the request should be viewed favorably. Mark Kennedy, applicant, stated he was prepared to answer any questions the Council might have had of him. . Councilmember Lizee questioned the location of the driveway on the proposed properties. Planning Director Nielsen explained that should the property be split in the north to south direction, the driveway should be located as far west as possible, and with the west to east rearrangement, the driveway should be CITY OF SHOREWOOD REGULAR COUNCIL MEETING September 26, 2005 Page 4 of9 . located as far south as possible. In both cases, he recommended sight lines be considered as well as location placement of the driveway. Mr. Kennedy stated the north to south lot line arrangement would include a logical driveway placement directly across from the neighbor to the north. Councilmember Wellens stated he remained concern about increasing the City's density in a "piecemeal" fashion, especially since this area already functioned with increased traffic. He also noted the Comprehensive Plan advised against zoning in this way and he was a bit hesitant to support such action. Councilmember Turgeon agreed. Mayor Love stated he viewed this property as an edge piece to either zoning district in the vicinity, and thus, could be easily extended. He also stated this property provided a logical transitional area for zoning. However, he would not support spot zoning. Councilmember Turgeon stated she thought the R-2A district was better fit in this case than the R-IC zoning. Lizee moved, Turgeon seconded, Adopting ORDINANCE NO. 417, "An Ordinance Amending Section 1201.09 Subd. 2 of the Shorewood Zoning Code-The Shorewood Zoning Map." Motion passed 4/0. c. Rezoning from C-3, General Commercial to R-1C, Single-Family Residential Applicant: City of Shorewood Location: 5745 Country Club Road (Badger Well site) . Planning Director Nielsen explained that in May of this year, the City approved a Conditional Use Permit for a new well building for the Badger Well site, located next to the South Shore Senior Community Center. One of the conditions of that approval was that the property should be rezoned from its current C- 3, General Commercial zoning to RI-C, Single-Family Residential. He also noted that once the Council had approved an ordinance amending the zoning, the property would then be legally combined with the rest of the City property associated with Badger Field. Wellens moved, Turgeon seconded, Adopting ORDINANCE NO. 418, "An Ordinance Amending Section 1201.09 Subd. 2 of the Shorewood Zoning Code-The Shorewood Zoning Map." Motion passed 4/0. D. Minor Subdivision Applicant: Scott Henry Location: 24835 Yellowstone Trail Planning Director Nielsen explained the applicant, Scott Henry, was the owner of the property located at 24835 Yellowstone Trail. Mr. Scott had requested approval of a minor subdivision, splitting the property into two lots. He went on to explain the property was zoned R-1C, Single-Family Residential and contained 54,779 square feet of area. It was occupied by Mr. Henry's home situated on the westerly half of the property. The proposed lots would be 21,464 square feet and 38,315 square feet (with the house) in area. . Planning Director Nielsen also explained the subject property was originally platted as Lot 3 and Lot 4, Block 1, Deerfield Addition. Many years ago the two lots were legally combined into a single parcel. This request for resubdivision of the lots into two building sites simply separated them back to their CITY OF SHOREWOOD REGULAR COUNCIL MEETING September 26, 2005 Page 5 of9 . original configuration. Both of the proposed lots complied with the requirements of the R-IC zoning district. Both the existing home and the proposed home complied with R-IC setback requirements. Mr. Henry had provided hardcover calculations for the lot with the existing home on it. At 19.04 percent, this was well within the maximum allowed by Shorewood's Zoning Code. In addition, at staffs request, the applicant had provided legal descriptions for drainage and utility easements, 10 feet around each of the lots. Prior to City Council review of the request, the applicant should provide deeds for the required easements. Also, City records indicated the property was only served with one sewer connection. However, there was a manhole located in front of the property into which another connection can be made at such time as a new home was built on the property Planning Director Nielsen recommended the minor division be approved subject to the following: 1. The applicants must provide deeds for drainage and utility easements, 10 feet wide around each lot. 2. The applicants must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. Prior to release of the resolution approving the request, the applicants must pay one park dedication fee ($2000) and one local sanitary sewer access charge ($1200). 4. Since the division itself does not result in the removal of any trees from the property, tree preservation and reforestation could be addressed at the time of application for building permits. . Scott Henry, applicant, stated he would be happy to answer any questions the Council had of him on this matter. Planning Director Nielsen explained the applicant, Scott Henry, was the owner of the property located at 24835 Yellowstone Trail. Mr. Scott had requested approval of a minor subdivision, splitting the property into two lots. He went on to explain the property was zoned R-IC, Single-Family Residential and contained 54,779 square feet of area. It was occupied by Mr. Henry's home situated on the westerly half ofthe property. The proposed lots would be 21,464 square feet and 38,315 square feet (with the house) in area. Planning Director Nielsen also explained the subject property was originally platted as Lot 3 and Lot 4, Block 1, Deerfield Addition. Many years ago the two lots were legally combined into a single parcel. This request for resubdivision of the lots into two building sites simply separated them back to their original configuration. Both of the proposed lots complied with the requirements of the R-1C zoning district. Both the existing home and the proposed home complied with R-1C setback requirements. Mr. Henry had provided hardcover calculations for the lot with the existing home on it. At 19.04 percent, this was well within the maximum allowed by Shorewood's Zoning Code. In addition, at staffs request, the applicant had provided legal descriptions for drainage and utility easements, 10 feet around each of the lots. Prior to City Council review of the request, the applicant should provide deeds for the required easements. In addition, City records indicated the property was only served with one sewer connection. However there was a manhole conveniently located in front of the property into which another connection can be made at such time as a new home was built on the property . Planning Director Nielsen recommended the minor division be approved subject to the following: 1. The applicants must provide deeds for drainage and utility easements, 10 feet wide around each lot. CITY OF SHOREWOOD REGULAR COUNCIL MEETING September 26, 2005 Page 6 of 9 . 2. The applicants must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. Prior to release of the resolution approving the request, the applicants must pay one park dedication fee ($2000) and one local sanitary sewer access charge ($1200). 4. Since the division itself does not result in the removal of any trees from the property, tree preservation and reforestation could be addressed at the time of application for building permits. Scott Henry, applicant, stated he would be happy to answer any questions the Commission had of him on this matter. Councilmember Turgeon clarified easement locations within the information provided by Staff. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 05-088, "A Resolution Approving Subdivision of Real Property for Scott Henry, 24835 Yellowstone Trail." Motion passed 4/0. E. Minor Subdivision/Combination -- Lot Line Rearrangement Applicants: Dan Ohland, Robert Gutierrez, and Chris Putnam Locations: 25070 Smithtown Rd. and 5615 & 5635 Fairway Drive . Planning Director Nielsen explained Dan and Keelo Ohland owned the property at 25070 Smithtown Road. The Ohlands proposed splitting off the northerly 236 feet of their property to sell it to Robert Guttierrez and Christopher Putnam, whose properties were located immediately to the west at 5615 Fairway Drive and 5635 Fairway Drive, respectively. The request was for a minor subdivision and combination to rearrange the lot lines between the respective parcels. All subject properties were zoned R-IC, Single-Family Residential, and were occupied by the owners' houses. In addition, the Ohland property had been occupied by his excavation business that was subject to discontinuance pursuant to an interim use agreement approved in 2002. Director Nielsen then explained the existing and proposed lot areas of the three parcels. He went on to explain the proposed division/combination complied with the requirements of the R-IC zoning district and appeared to benefit all three property owners. The Ohlands were able to dispose of relatively unusable land to the north of their house, while the Gutierrez and Putnam lots were increased in area, resulting in larger back yards for those two lots. He also stated the Ohland property had been occupied for years by an excavation business. In 2002, the City approved an interim use permit, allowing the Ohlands to make certain improvements to their nonconforming property, provided the business would be eliminated by 17 October of this year. As part of removing the business, a significant amount of driveway and parking area would be removed. This would bring the hardcover on the Ohland parcel to 32.9 percent, in compliance with zoning requirements. . Planning Director Nielsen complimented the neighbors on resolving this situation to provide amenable solutions for all and recommended that the division and combination be approved, subject to the following: 1, The applicants must provide drainage and utility easements 10 feet around each of the newly described parcels. These easements have been described for the Gutierrez and Putnam lots, but CITY OF SHOREWOOD REGULAR COUNCIL MEETING September 26, 2005 Page 7 of9 . not for the Ohland parcel. It was worth noting that Gutierrez and Putnam may, at some future date wish to request partial vacations of the existing easements on their lots. 2. The applicants must provide up-to-date (within 30 days) title opinions for review by the City Attorney. 3. Unless the portions of driveway and parking areas on the Ohland property could be removed prior to recording the division and combination, the applicants must submit a bid for completing the work, from which a letter of credit or cash escrow would be required (1.5 times the bid). This work should be completed by 1 November 2005. 4. Since no new lots were being created, there were no park dedication or local sanitary sewer access charges associated with the approval. 5. Items 1 and 2, above must be completed prior to the Council meeting at which the request was to be considered. Once approved by the Council, the applicants had thirty days to record the lot line rearrangement and new easements. In response to a question by Councilmember Turgeon, Mr. Ohland explained he had been working on getting the driveway shrunk to its normal size, the business previously on site had been moved to a different location and the conditions of the interim use agreement for the property had been met at this time. . Wellens moved, Lizee seconded, Adopting RESOLUTION NO. 05-089, "A Resolution Approving Subdivision and Combination of Real Property for Ohland, Putnam, and Gutierrez, 5615 and 5635 Fairway Drive." Motion passed 4/0. F. Approval of Final Plat - Lake Virginia Woods Planning Director Nielsen explained this item had been removed from a previous agenda because the owners of the adjacent properties were in dispute regarding clean up of "dump" materials on the site. Since the two owners had now agreed on the issues in dispute as specified in the development agreement, he explained lots 9 through 13 would need to have clean up procedures that would comply with Minnesota Pollution Control Agency(MPCA) standards. Various Councilmembers requested clarification on clean up issues. Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 05-090, "A Resolution Approving the Final Plat of Lake Virginia Woods," subject to review and approval by the Minnesota Pollution Control Agency and Authorizing Execution of the Development Agreement for Lake Virginia Woods." Motion passed 4/0. 9. GENERALINEW BUSINESS A. Park Commission Appointment . Engineer Brown explained due to the resignation of Commissioner Wagner, a seat on the Park Commission was now vacant. Staff had contacted Robert Hensley of 28110 Woodside Road regarding interest in filling this vacancy. Mr. Hensley had affirmed his interest. Engineer Brown noted the term of this seat went through February 28,2006. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING September 26, 2005 Page 8of9 Councilmember Turgeon thanked all Commissioners and interested parties for applying for this position in the past as all volunteers were appreciated for Commission seats. She also explained diversity was quite important on the Commissions so that all interests of the City could be represented when considering decisions in the City parks that would impact all residents. She encouraged area senior citizens to apply as well. Engineer Brown stated, that if the draft resolution were approved, Mr. Hensley would be appointed to the Park Commission seat from September 26,2005, through February 28,2006. Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 05-091, "A Resolution Making Park Commission Appointments." Motion passed 4/0. 10. ENGINEERlNG/PUBLIC WORKS No Engineering and Public Works items were presented. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Planning Director Nielsen stated the City had received a complaint regarding a business operating out of a temporary structure along Highway 7. He explained that this business was actually located in Chanhassen. In response to a question by Mayor Love, Acting Administrator/Planning Director Nielsen stated several small signs had been collected in recent weeks as people had placed them in the public right-of-way areas without approval. 1. County Road 19 Intersection Engineer Brown explained the County Road 19 intersection project continued to proceed; however, it was necessary to close Smithtown Road to through-traffic for three weeks from the American Legion property driveway to Eureka Road. Several steps had been taken in recent weeks to work with the Minnetonka School District to ensure buses could get through the roadway as needed. Residents were encouraged to utilized alternative routes. Engineer Brown also noted there would be significant paving work done to County Road 19 south from the Narrows Bridge through Tonka Bay to the northerly edge of the County Road 19 project. Residents should expect delays and allow extra time for travel in these designated areas. Mayor Love thanked Engineer Brown and Staff for all the hard work put into this proj ect. B. Mayor & City Council Mayor Love noted there would be a meeting of the Excelsior Fire District Governing Board on Wednesday, September 28,2005, at 7:00 P.M. at the Public Safety Building. A South Lake Minnetonka Police Department Coordinating Committee meeting would be held on Friday, September 30, 2005, at 10:00 A.M. at the Public Safety Building as well. . . . CITY OF SHORE WOOD REGULAR COUNCIL MEETING September 26, 2005 Page 9 of9 12. ADJOURN Wellens moved, Turgeon seconded, Adjourning the City of Shorewood Regular City Council meeting of September 26, 2005, at 7:58 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ATTEST: Bradley J. Nielsen, Planning Director