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082906 CC SP Min CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING TUESDAY, AUGUST 29, 2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBER 5:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Acting Mayor Lizee called the meeting to order at 5:30 p.m. A. Roll Call Present: Acting Mayor Lizee; Councilmembers Callies and Turgeon; Administrator Dawson; Planning Director Nielsen; Director of Public Works Brown; and Acting City Engineer Gurney Absent: Mayor Love; Councilmember Wellens B. Review Agenda Turgeon moved, Callies seconded, Approving the Agenda as presented. Motion passed 3/0. 2. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: Callies moved, Turgeon seconded, Approving the Consent Agenda as presented. Motion passed 3/0. A. Adopting RESOLUTION NO. 06-063, "A Resolution approving Supplemental Agreement 6A for the County State Aid Highway 19 - Smithtown Road Intersection Improvement Project, City Project No. 97-07." B. Adopting RESOLUTION NO. 06-064, "A Resolution approving Change Order 1 for the County State Aid Highway 19 - Smithtown Road Intersection Improvement Project, City Project No. 97-07." C. Adopting RESOLUTION NO. 06-065, "A Resolution approving Change Order 2 for the County State Aid Highway 19 - Smithtown Road Intersection Improvement Project, City Project No. 97-07." D. Adopting RESOLUTION NO. 06-066, "A Resolution approving Change Order 3 for the County State Aid Highway 19 - Smithtown Road Intersection Improvement Project, City Project No. 97-07." 3. PLANNING - Report of Representative No Planning Commission member was present to provide a report. A. Conditional Use Permit for Accessory Space over 1200 Sq. Ft. Applicant: Rodney and Nancy Peterson Location: 21355 Christmas Lane CITY OF SHOREWOOD SPECIAL COUNCIL MEETING August 29, 2006 Page 2 of 4 Director Nielsen related that the Petersons have applied for a conditional use permit to construct a detached screen porch on their property, located at 21355 Christmas Lane. The property is zoned R- IAlS, Single-Family ResidentiallShoreland, and contains approximately 6.1 acres of area. The floor area of the screen porch, when combined with the Petersons' existing attached garage and four other existing outbuildings, brings the total area of accessory space on the property over 1200 square feet. The proposed screen porch would contain 252 square feet, bringing the total area of accessory space on the site to 3036 square feet. The existing 70+-year-old barn and detached garage do not comply with the setback requirements of the R-IA/S district. The Code states that nonconforming accessory structures should be brought into conformity as part of the C.U.P approval. Staff suggested to the Planning Commission that it could recommend approval of the C.U.P. subject to a condition that all nonconforming structures would be brought into conformity with the Zoning Code upon any future subdivision of the property. Director Nielsen noted that bringing a building into conformity could be accomplished through relocation. The Planning Commission opened the public hearing on this matter on August 1, and continued it to August 15,2006. On a 4/1 vote, the Commission recommended denial of the application. After the vote, the applicants indicated they wanted to proceed without the condition recommended by the Commission or the condition recommended by staff. Nancy Peterson, 21355 Christmas Lane, stated that the matter is not whether historic structures exist on the property. Rather, theirs was a simple request to place a small, architecturally-designed screen porch on the property. The Council should look at the reasonableness of the request. She noted that no residents of neighboring properties in the notified area had expressed any objections. She noted that they had bought the property in 1970; it had been referred to earlier as a "pony farm", and was the barn's use. They have since re-shingled it. The barn sits right on the property line, as it existed prior to their purchase. The garage also existed when they purchased the property. She believed these buildings should have a grandfather status, and asked how they could be un-grandfathered. With grandfathering, the screen porch addition would meet all of the conditions needed for the C.U.P. Rodney Peterson, 21355 Christmas Lane, related that a family member is very reactive to bees, despite several years oftreatment. He believed that they had a hardship in that they were unable to enjoy the out- of-doors on their property. Callies asked if there were four conditions in the Code to be met regarding the C.U.P. Director Nielsen responded that there was a fifth condition, that all nonconformities on the property are brought into conformity. Callies believed a hardship was not present in this case as hardship relates to the property and not to the people who use it. A variance would not be an appropriate application by the Petersons. Callies related that she had questions in general about nonconformity issue. But as the requirement for conformity was in the City Code, the Council would need to deny the application at this time. She preferred continuing the matter, in order that the Planning Commission would be able to review it and bring a recommendation to the City Council. Director Nielsen noted that the Planning Commission had decided to take up the historic structure ordinance in September. The Commission believed that the Petersons' barn would fit in the intent of CITY OF SHOREWOOD SPECIAL COUNCIL MEETING August 29, 2006 Page 3 of 4 what a historic structure ordinance would help preserve. The Commission's work and action by the Council would likely take 60 to 90 days. Turgeon related that the Planning Commission had had long discussions about what might qualify as an exemption from the conformity requirement. There was concern about what was old would not necessarily be historic. Callies and Lizee agreed with these concerns. Turgeon asked staff about how the 60-day rule was affecting this request. Director Nielsen stated that he would need to send the Petersons a notice that the City would be extending the 60-day period by the additional 60 days allowed by the statute, because a final action of the Council at its next meeting (September 11) would be after the first 60-day period. Lizee outlined the options available: (1) continuance for the City's 60-day extension; (2) a further extension that the Petersons would authorize in recognition that the Commission and Council may need additional time to consider an ordinance that may affect their application; or (3) action by the Council based on what was before them tonight. Administrator Dawson suggested that the matter be continued to the Council's December 11, 2006, meeting, in order to give the Commission and Council the time they may need. The matter could be brought to Council earlier if the ordinance were ready. The Petersons indicated they were agreeable to continue the matter to December 11, 2006. Turgeon moved, Callies seconded, to continue this item to December 11,2006, subject to receipt of a letter from the Petersons authorizing an extension to this date. Motion passed 3/0. 4. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for ChanhassenIWoodhaven Well Interconnection Project, City Project No. 05-11 Acting Engineer Gurney reviewed the tabulation of bids opened for this project on August 23, 2006. The firm with the low bid is AB Environmental Corporation for $164,155.75, an amount that compares with the engineer's estimate of$15l,800. Director Brown noted the urgency to replace the Woodhaven well. The Chanhassen City Council approved the cooperative agreement for this project at its August 28, 2006 meeting. It was expected the contractor could begin work in two to three weeks. The interconnection was included in the Water Bonds issued in 2005, and the next issue scheduled for this fall would include the additional costs for engineering and the City ofChanhassen's $230,000 connection charge. Turgeon moved, Callies seconded, to adopt RESOLUTION NO. 06-067, "A Resolution accepting bid and awarding contract for the Chanhassen Wood haven Well Interconnection Project, City Project No. 05-11." Motion passed, 3/0. 5. OTHER BUSINESS There was no other business. CITY OF SHOREWOOD SPECIAL COUNCIL MEETING August 29, 2006 Page 4 of 4 6. ADJOURN Turgeon moved, Callies seconded, Adjourning the Special City Council Meeting of August 29, 2006, at 6:05 P.M. Motion passed 3/0. RESPECTFULLY SUBMITTED, Craig Dawson, Recorder Christine Lizee, Acting Mayor ATTEST: