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042877 PK MINPLANNING COMKI SSION MINUTES CITY OF SHOREWOOD April 28, 1977 PtTdLIC HEARINGS: Upper Lake r��tka Yacht Shorewood Yacht Club 'gild Duck -3rd Addition The Planning Commission of the City of Shorewood met to hold three public hearings on Thursday, April 28, 1977, at Minnewashta Elementary School, Chairman Watten pre - siding. Also present were J. Brecke, J. Cole, S. Larson., J. Miller, F. Reese, K. Stover and John Sanders of the city attorney's office. Brecke moved, Stover seconded, to dispense with approving the minutes of the last meeting and defer it to the next. Motion carried unanimously. Chairman Watten opened the Public Hearing on the request for a Conditional Use permit by the upper Lake Minnetonka Yacht Club on property described as Lots l and 2, En- chanted Park, Enchanted Island. He made note that there was on file at city hall a certified copy of the published legal notice and that public hearing notices had , been sent to all property owners within 300' of the Yacht Club property. State ments from the proposers, from residents, and reports from the attorney and engineer are also on file. Dick Putnam, Casco Point Road, Orono, Vice Commodore of the Upper' Lake Minnetonka Yacht Club, reviewed the history of the Club, which was originally granted a special use permit in 1969. It is dedicated to 'sport of sailing, racing being an integral part of their activities, and is not a commercial facility. Having started with an undeveloped piece of land, they feel it has become an asset to;the area cecause they try to keep it in a park -like manner and ^ have made it available to nearby resin dents to use during the week. No buildings at present, but they hope to construct a 1200 -1600 square feet summer type building in the future. They are looking for 40 parking spaces and would seek to control the influx of traffic by requiring car pooling of its members. Drainage this spring was a problem and they intend to work with residents and city to correct it. Because of the difference.in boats used now as over against in 1969, they need to request chang in facilities and would also like to enlarge the dockage. They are seeking a conditional use in an R -1 zone as permitted in Section 18, Subd. 3 of Ordinance No. 77.. Carol P.ascop, Enchanted Island, (neighbor to Club) read a statement by Jim Thibault, the neighbor on the other 'side. She listed areas where it was felt the Yacht Club had deviated from the terms of the Special Use Permit: No mooring of boats beyond 9.00 p.m. In some cases boats were moored overnight. Buoys remained in all winter. Yacht Club did not get building permit to construct parking area and it is not a dust -free surface. Conflict of interest represented in Fir. Jack Chandler who is a member of the Club and was on the Council when they voted to approve the Special Use permit. :given though new zoning ordinance was passed in 1973 which allows for a yacht club in an B -1 zone under a conditional permitted use, the Yacht` Club did not come in under that provision for any .of the intervening years. . Other residents speaking to problems raised by the Yacht Club in that area were: Bill Ringsred, 0. B. Lund, Helen Tollefson, Robert Rascop, Jim Kimball, all of Enchanted Island. Matters of concern were: } SHOREWOOD PLAXNr G CO.Y:I SSION April 28, 1977 - page 2 1. There have been some serious abuses by yacht club members of the rights that sailboats have over power boats; however, would prefer to work out compatible solution. 2. Club not a bad thing, but there is concern over tendency of the club to expand and that results in increasing congestion near the channel. 3. Heavy and fast car traffic on the road on weekends is hazardous. 4. With the proposed new configuration of docks, there are fears that the departure and return of 'boats will intrude upon the swimming and boating area of the neighbor to the left and be a hazard. 5. It is not too logical to allow more boats /dookage on';less lakeshore: 600 feet of lakeshore in 1969; 220 feet in 1977. 6. There is a discrepancy in lot lines as shown by the Club and that in possession of - residents. 7. Enforcement of conditions of Special Use Permit has not been diligent. Who is responsible? Jan Hornick of "Excelsior City Council read their Resolution 77- 1;passed recently by them declaring a moratorium on allowing any new dockage on Lake Minnetonka because of the absence of Hennepin County Water Patrol in policing the lake and she en— courages the same attitude to prevail in Shorewood. Mr. Leavenworth, bir. Putnam-,, Dr. Soderberg and Mr. Chandler responded: to the points raised regarding the violations noted in Itir. Thibault's letter. Mr. Ringered offered to 'host a meeting.at his home to try to work out a compatible arrangement between residents and Yacht Club members. Chairman Watten closed the Public Blearing at 8;55 p.m. The Public Hearing on the request of Shorewood Yacht Club John Gross, petitioner, for a conditional use of property located on Gideon's Hay, A S-135, Parcel. A, B, and C, next to Minnetonka Dredging. Chairman Watten reported the official publi - cation of the legal notice, the notices sent to all property owners within 300' of the site, engineer's and attorney's reports were on file at city hall, Bruce "'hompson, attorney for John Cross, presented the case for the Shorewood Yacht Club and reviewed the history of their original request for rezoning from 2, years ago to the defeat of the R and R zoning ordinance, The Shorewood Yacht Club is to be a non - profit corporation, a family sailing type of organization, limited to sailboat owners, to be run by a board of directors who would lease the facility from John Cross., have submitted with this request " a comprehensive proposal that incorporates many of the requirements of the 1. &- B zone. Shorewood's planner find the, site to be a "very viable site" for a yacht' club. They have solicited opinions regarding various requirements from the State of Minnesota EQC, the Department of Natural Resources, U. S. Corps of E'ngineers', Minnehaha Creek Watershed District and the Lake Minnetonka Conservation District. "_'hey have secured access from Highway 19 over the railroad tracks; hence, will not have to go through residential area. There is a dredging company to the east of the property and vacant property to the west and commercially used property to the south. SHOl EWOOD PLANiUl1G 04 %I3+IISSION April 28, 1 977 - paw 3 The following citizens asked questions or made statements: Bob'Chapman, Shorewood; Cathy Sackrison, Tonka Bay; Bob Lalk, lawyer for Gideons Bay Association; Tern Haug, Tonka Bay# Jan Hornick, council member from Excelsior; Susan Reid, council member from Tonka Bay; Curran Nielson, Shorewood; Irving Turner, `Shorewood; Go member and Mary Ann Fall, Shorewood; Linn Cowles, Excelsior; Ken Miller, Tonka day; Carol Johnson, Tonka Bay Gregg James, Shorewood; Dave 3enway, Excelsior; Mlike Arvidson, Shorewood; Mary Bagdons,, Shorewood; John Gilbertson, Excelsior- Shorewood; Paul Stiller, Shorewood. Concerns can be summarized as follows: (questions if there is a need for Environ- mental Impact Statement; Tonka Bay has passed an ordinance that really governs - marinas; this represents a changing pattern of land use that is detrimental to, properties around; increased boat traffic on Gideon's Bay; auto traffic on Highway 19 will exacerbate an already critical situation; seeking proof of financial res- ponsibility and ownership of project; use of auxiliary motors on boats and their effect; noise pollution; lack of respect shown for environment by.non- lakeshore owners; lack of restrictions listed in ordinance for conditional use; expansion of grandfathered marinas; shallowness of Gideon's Say makes it unsuitable for this boat traffic; traffic in and out is a hazard; storage of boats is an eyesore. Sob Zalk statements This is an R -1 area. Ordinance does not include definition of yacht club —,needs to be spelled out, Ordinance 77 spells out definitely per-• missable Lakeshore usage in a residential area, which is contrary to proposal request; inclusion of wetlands in total acreage is not allowed'in ordinance; is':` parking area drainage adequately planned .for; undue adverse effect upon character of neighborhood cannot be decided by the "battle of appraisals "; how is it to be owned or financed? Who are the owners? What is John Cross's interest? Who will be responsible for conduct of facility? Boat density policy includes two categories; one category includes both power boats and sailboats -- racing; sailboats would have a significant usage and this would move bay area into critical rating as far as density is concerned; this marina would be the third largest on the lake; what is actual depth of channels; the dredging facility should not become a pivotal guidepost for that area. Bruce Warner, Shorewood; Harvey Schneider, Bloomington, a potential member of the Yacht Club; Helen Tollef son, Enchanted Island, spoke to the following concerns: 1.) Since many near by municipalities have dockage for their citizens and since dockage is almost impossible to find, it is very desirable that dockage and access to the lake be made available to off -shore Shorewood citizens. 2) Curious as to how and why it is that the dredg ing company continues its heavy,commercial venture in a residential area as over egainst encouraging a yacht club. 3) Would appreciate the opportunity of being a member of the proposed yacht club, tolserve on the board and have privilege of sailing on Lake Minnetonka. Bruce Thompson responds definition of yacht club and drainage question is best addressed by the city engineer and attorney; full disclosure- -and 'detailed plans will be provided at whatever time the council asks for it; channel is 6O-$O feet wide - barge loaded with rocks from Minnetonka Dredging makes it .through those: channels every day. Facility will be a well run operation. City of Shorewood: should not only provide tennis courts and baseball diamonds, but should also pi vide facilities on the lake. Public Hearing on the conditional use request of Shorewood Yacht Club was closed at 11 :00 p.m. Si CFt W00D PLAT �dlivG C01VIIIS SIO1 April 28, 1977 - page 4 Chariman announced that the Planning Commission would make its recommendation on the requests heard that night at their May 26th meeting.' Next on the agenda was a Public Hearing on Jim Dutcher's request for subdivision into maximum number of lots allowed on property described as Lot 213, A. S 135 23575 Smithtown Road, which property is zoned R -4 and R -5. He proposes construc tion of 13 -15 two family homes on this property. He was advised that 13 lots were all that would be allowed according to ordinance requirements. All lots, but one ' would contain 20,000 square feet, and the other one will have 15,900 square feet'. Kinnehaha Creek Watershed District has approved the proposal subject to require— ments of the City. The following residents questioned or commented on the proposal: Paul Stiller, Shorewood; Gene Patch, Shorewood; INrs. Rauritz Kronholm, Shorewood; Gordon Lindstrom, Shorewood. Comments expressed were: traffic on Highway 19 already hazardous, contended that zoning on property was changed without adequate notice to citizens; will the change in contour affect drainage onto nearby property; this is too great a den— sity to be allowed in Shorewood. Planning Commission asked if there would 'be a variety of home styles in the develop ment (11ir. Dutcher referred them to his other developments on Shorewood Lane and: Wedgewood Drive); what about water supply (bir. Dutcher says he'll drill a well for the first two or three houses and then connect up to city water when it comes through); how long will it take to build the whole development (2--21- years, hopes to start first one in August or September). Public Hearing closed at 12 midnight. Since V",r. George Hansen was not present to pursue his question of subdivision on Strawberry Lane, it was moved and seconded to adjourn the meeting. Motion carried unanimously. respectfully submitted, Shirley J. Rice, Secretary •