Loading...
1976 pl mn . SHOREWOOD DATE: . MEMO: To Residents in proximity to 5935 Galpin Lake Road . . . . 1/12/76 Notices sent to: 1/12/79 . Lucille Nylund 5985 Galpin Lake Road . Jack T. Cooper 5910 " Robert Henderson 5940 " Kenneth E. Cooper 5960 " James Beito 5980 " . James B1akeborough 5990 " Richard C. Jenson 6020 " Leo Heck 22760 Galpin Lane Dan Logeais 22720 Galpin Lane John C. Tietz 22680 Galpin Lane John G. Nelson 22640 Galpin Lane Robert Housman 22695 Galpin Lane . . . . SHOREWOOD MEMO: To the Planning Com!l1ission DATE: l/5/76 Members The Planning Commission meeting scheduled for January 8th has been postponed to January 22nd. A public hearing has been posted for that date on .the property now owned by Raymond Weyker. He has a proposal to subdivide Lots 194 and 195, Auditor's Subdivision No. 135 (5935 Galpin Lake Road). John Cross has submitted a request for conditional use for his Shorewood Yacht Club proposal. Elsa has sent his prospectus to Planner Fredlund with instructions to come back to the Council with comments and counsel. She hasn't scheduled any public hearings and has requested that the Council ~ecide how they want to handle this development. New Year's Greetings! 7 ' ~ . CITY OF SHOREWOOD PLANNING COMMISSION - Minutes January 22, 1916 . The last meeting of the Shorewood Planning Commission was held on Thursday, January 22, 1916, at Minnewashta Elementary School at 1:30 p.m. Members present were Frank Reese, Jane Cole, Tore Gram and Vern Watten. The newly appointed member, Jerry Brecke, who is filling the unexpired term of A. E. Abramson, was also present. Absent were: Jerome Miller, new chairman, and Steve Larson. Jan Haugen was present as liaison rep- resentative from the City Council. In the absence of the chairman, Frank Reese called the meeting to order at 1:50 p.m. Jane Cole moved, Vern Watten seconded, a motion to approve the minutes of the December 4, 1915, meeting as printed. Motion approved. Frank Reese declared the Public Hearing on the subdivision proposal by Raymond Weyker of Auditor's Subdivision 135, Lots 194 and 195 (5935 Galpin Lake Road) open.at 1:55 p.m. Also present as interested parties were Raymond Weyker, John Nelson and John Tietz. The chairman called on Mr. Weyker to explain his proposal. Jan Haugen presented the wri tten attorney's opinion which noted "that Lot 3, Block 1, required a variance in the zoning ordinance to allow a 40 foot lot frontage on the public street, rather than the regular 100 foot frontage requirement." The engineer noted no problems: the lots conform to the required lot size for an R-2 zone and it appears to be a proper division. Concern was expressed by Planning Commission members for the pitch of road slopes, especially Lot 3, which would have trouble, (without filling in), allowing for a level space before egressing onto the public road. Vern Watten moved, Jane Cole seconded, a motion to close the Public Hearing. Motion unanimously accepted. . Jane Cole moved, Frank Reese seconded, a motion to refer the Weyker subdivision request to the Council for action, calling their attention to the following items: 1. The division meets the ordinance requirements for R-2 zone, with the exception of a variance request on Lot 3 regarding the minimum frontage required on a public road - 40 feet requested compared to the 100 foot requirement. 2. Consider the advisability of having four driveways (three very close to one another) egressing on to Galpin Lake Road. 3. Attention is called to the steep slope of the proposed driveways, particularly Lot 3 and what this would mean in terms of drainage and safety, especially the egress to Galpin Lake Road from the proposed Lot 3 driveway. Motion carried unanimously. Victor Rotering of David C. Bell Co and his client, Dave Turney, next sought the commission's counsel regarding a proposed subdivision of property located between Strawberry Lane and Cathcart Drive just south of Smi thtown Road and north of the railroad tracks zoned for R-l. Upon presentation of fiscal facts, Mr. Turney questioned the commission as to what would be the possibility of dividing that property into one-half acre lots. . Consensus of members was that this area has many owners who have multiple acre tracts and who would like to retain a rural quality to the area and reasonable lake access. They would not look favorably on such a high density arrangement of limited esthetic appeal. It was suggested that cluster housing with well landscaped green spaces would have more appeal and also smallerddensity proposed. . . . Planning Commission - Minutes January 22, 1916 - page 2 Jan Haugen answered questions proposed to the COWlcil. Regarding money allowed for the planning commission in 1916, the planning commission should make out a budget of anticipated needs and present the request to the council for consideration. A person has been hired by the City of Shorewood under a CETA grant to gather information on housing and population profile for use in seeking grants. In response to questions about planner, Frank Reese recommended that the present planner be retained. She explained that yacht clubs are allowed under conditional uses in residential zones because they are people joined in groups for a common purpose, while marinas are a commercial venture. Regarding Ordinance #29, Section 3 and its seeming inconsistency, Jan Haugen requests that the Planning Commission study all the Qzoning ordinances and get rid of incon- sistencies, duplications, etc. Jerry Brecke moved, Jane Cole seconded, a motion to adjourn. Motion carried unanimously. Respectfully submitted, Shirley J. Rice, Secretary . . . KELLY AND LARSON ATTORNEYS AND COUNSELORS AT LAW 351 SECOND STREET WILLIAM F. KELLY GARY LARSON JOHN C. SANDERS THOMAS G. BARRY, JR, EXCELSIOR, MINNESOTA 55331 AREA CODE 612 474-5977 January 22, 1976 Planning Commission City of Shorewood 20630 Manor Road Shorewood, Minnesota 55331 Re: Preliminary Plat Weyker Addition I enclose title opinion on the above ca~pioned pre- liminary plat indicating ownership of the property. Please note that Lot 3, Block 1 of the addition requires a variance in the zoning ordinance to allow a 40 foot lot frontage on the public street rathen than the regular 100 foot frontage require- ment. D LARI/ Ke~ WFK: mw Enclosure PLANNING COMMISSION MEETING City of Shorewood-Februar,y 12, 1916 Minutes . The regular meeting of the Planning Commission was held on Februar,y 12, 1916, at Minnewashta Elementar,y School. Jerome Miller, the ohairman, called the meeting to order at 1:45 p.m. Members present were Jerr,y Brecke, Jane Cole, Steve Larson, Jerome Miller, Frank Reese, Vern Watten and Counoil Member Jan Haugen. Frank Reese moved, Vern WAtten seconded, that the minutes of the meeting of Januar,y 22, 1916, be approved as submitted. Motion carried unanimously. Jan Haugen reported that the council had reviewed the matter of the selection of a planner for the City. The Counoil requested that the Planning Commission investigate several other planners besides the one the Planning Commission recommended a.t the Januar,y meeting and bring back a report to the Council. Jerome Miller requested that Mayor Frazier write a letter to planners, names to be submitted by Vern Watten and Frank Reese, seeking the following information: Eduoation background Qualifioations to represent our oi ty Who they presently represent Methods of oompensation Charges for their servioes. It was hoped replies oould be received by the next planning commission meeting and reviewed. . The Chairman called on BRuoe Thompson, lawyer representing John Cross and the Shore- wood Yacht Club proposal. Mr. Thompson referred to Para.graph C, Seotion 1 on Conditional Uses in the Zoning Ordinanoe #11. He proposed to go over the items in Section 1 to ascertain which information would be required from his olient when pursuing a oonditional use permit under an R-l zone. Mr. Thompson requested olarifioation of how the following requirements would be satisfied: (answers or oomments in parentheses) C-3 evidence of finanoial capability (letter from bank or lending institution) C-4 (0) topographical or physical features of tract C-5 (h) drainage problems (village engineer would make survey and report back to council) C-6 public use areas (not applicable) C-1 restriotive oovenants (know of none) c-8 drainage plan (know of none) C-9 traffic survey (entrance would be from Highway #19, instead of Timber Lane. Mr. Thompson contends traffic inorease is infinitesimal.) (Jan Haugen requests figures of ~raffic study to be supplied by Hennepin County with attention given to what problems are involved in inoreased flow of traffio.) C-IO land use plan? (Frank Reese suggests that Mr. Cross make a statement based on the plan of the Planning Commission dated 1911, one not approved by the Counoil.) C-ll how to document that development will not devaluate adjoining proper- ties. (P. C. members request an "in depth" oomparison, using similar projects in similar situations, if possible. Appraiser must be M. I. A. approved. Letters from well-known and reliable real estate men are also requested.) . Jan Haugen requests more dooumented information from the LMCD about acoess to lake, dredging histor,y of ohannel and bay, sight line definition. In disoussion over . . . Planning Commission Minutes Februar,y 12, 1916, page 2 the definition of "yacht club", members were referred to the definition by Frank Kelly, whioh is the one that governs the decisions in the City of Shorewood. Upon inquir,y as to why Mr. Cross has persisted in his request for over fifteen months in the face of great opposition, Mr. Thompson indioated that Mr. Cross has a substantial investment in this property. Not much more investment is needed to develop the plan to oompletion. He also commented that in his experience there is no proposed development these days that is not accompanied by substantial oppo- sition. There is muoh citizen involvement in public hearings. Steve Larson expressed concern that under a conditional use permit in R-l there are no rules or regulations, no standards of any sort set down to govern develop- ment. Jerr,y Miller expressed the hope that if and when a public hearing is scheduled on this matter, that all parties come with objective, olear and verified information. This is the only way a public hearing can serve a constructive purpose. The next item of business was the referral of the Residential-Reoreational Zoning Ordinance by the City Council for revision. Planning Commission members were each assigned one p~ge of the ordinanoe with instructions to look at testimony of the public hearing, to answer question "if there is a reason for something, what is it?" Following are page assignments: Frank Reese, page 1 Steve Larson - page 4 Jane Cole, page 2 Vern Watten - page 5 Jerry Miller, page 3 Jerr,y Breoke - page 6,1 Jane Cole recommen9-ed that P. C. members look at Frank Kelly's original draft of the R and R. Frank Reese moved, Jane Cole seconded, a motion to send Shirley Rioe, p. o. secre- ta~ to the Planning Seminar on Februar,y 25 and 26th. Motion unanimously oarried. Upon request from the Park Commission to have a planning commission member attend their meetings t Jerr,y Brecke volunteered to take on the assignment. Jan Haugen explained the proposed questionnaire which will be distributed to city residents. Information that will be requested is material that is neoessar,y to submit when applying for HUD grants. Jerome Miller requested that Frank Reese make available to members copies of the guidelines for deoision making in planning commission matters that is published by the City of Bloomington. Vern Watten moved, Steve Larson seconded, a motion to adjourn the meeting at 10:10 p.m. Motion unanimously carried. Respectfully submitted, Shirley Rioe, Seoretary / . . . PLANNING INSTITUTE. February 25,...26, by the Minnesota State Planning Agen9YJ S. ~ Opening Talk: "Role of LaYlllen and Professionals in Planning andZon:ing Ad.ministration" by Richard 13abcoc,k (well,...knoWl1 land use lawyer) author or The Zon1.llg Game l'here is a growing restlessness with procedurt;i! in la.l1d use decisions. Ex. 1. Mr. Day of the Daily Oregonian declares the mess. in land use decisions arises because of lawyers and pla.l1ners V~RSUS decisions by laymen such as: 2. Cleveland has just passed a zoning ordinance whereby vari~lcesmust be submitted to the citizenry in a referendum and it must pass by a 55% vote , with the variance petitioner paying for the referencluxn. Because of casual practices by lay bodies and lack of fairness in the decision- making process, courts want to see the relationship between implementing ordinances and. comprehensive land use policies and plans. The important element in zoning is CHANGE. But fairness in the process is important in order for the law to seem fair. $0 far, the record for "process" has been lousy. I. Criteria to insure fairne$s and due process. A. Planning Commission should give written reasons for decision. B. Zoning ordinance should prohibit "X-party" contacts. C. Ordinance should have provision for ways to handle conflict of interest on the part of investigators and decision makers. D. Ordinance should specify time period in which decision must be made. "Justice delayed is denied.." E. Planning consultant's report should be available for inspection before public hearing. F. Ordinance should have provisio:n for pre-planning conferences with J.nterested parties. II. Relationship of zoning ordinance to comprehensive land use plan and policy statement It is the assurance that the public is being protected. What is the record of decisions? Examine decisions made and see if a "policyll emerges. Will planning commission use that "policy" next time it has a similar decision? (Citizens are entitled to ,know ahead of time what the possibility is a$ far as decision making iaconcerned.) (Excellent legal source for establishing policy statement is AMERICJUi LAh~ PLANNING LAW, (5 vols.). Contains model zoning ordinances with hypothetical illustrations in establishing policy statement.) Mr. Babcock firmly believes in a syst.elll of law where laymen makes the ultimate de- cision, but the process must be fair and substantive policies mllst be laid down in advance. TALK: IIlncreasing Planning Effectiveness" by Professor Jerome Kaufman, U of Wis. Dr. Kaufman contends that the present situation is explained thusly: Planners have some.thing to say. Planners aren't listened to. Planners have to get the government to listen to them. were... Planners generally present their proposals which w8a usually a9companied by a rational approach to the product--which means a carefu~controlled analysis of the situation resul hng in a decision to allocate or use land. liardly eVer is page 2 a reoommendation acoompanied by a suggestion fClr'apower approaoh (whioh idea is very likely to raise hackles in somequelrters). Planners spend too much time planning, compared withdevelo~ingstrategies to get plans implemented. Asa strategist and. tactician in implementing plans they propose, they should attempt to inject a policy, modify a pOlicy, prevent proposal implementation, USe persua.,.. sion, mediation or conflict resolution. FOLLOWING IS CHART DR. KAUFMAN PROPOSED AS A 'l'OOL 'fO PLOT STRATEGY IN IMPLE1I;;E:NrING PL1ili: rfARGET GROUP Target Group Self Interest Peer group infl uenoe Sucoessful/ Unsucoessful past tactics Atti tude toward plan,... ni.ng agenoy Resources 1. Mayor 2. Chamber of 3. Commerce 4. eto. Power 'rlho do ihey respect? Exchange Persuasion Court__flaHer Convince 'l'rade-Offs Good, bad Indifferent? Strategists Influenoers SPECIFIC ISSUES Target Group Resouroes re: issue area Spec. ooncerns about plan. 9om. goal/propos~l Polioy preferenge re issue area Stake/motiva- tion-How oom- mi tted Supporti va Opposition a1 . WORKSHOPS : Pield Inspeotions: Go out for inspections: Response to citizen oomplaint Routine spot checks Regular inapeotions for viol.ations; oonditional use requests, variance appeals, certificate of ocoupancy, amendments! to zoning maps If violation is reported: olarify whose jurisdiction (sanitation engineer'? building inspector? zoning administreltor?) take pictures send oertified letter to property owner bring actiol1 under nuisance oomplelint to foroe compliance Building without permit: Require apply for building permit(in some oases, there is double chare,""e for permit) If varianoe is needed, go through re'gular procedure to review and grant or deny variance. In extreme cases, may require removal of qffending structure. Record Keeping: Material was quite sophisticated and applied to a bigger vclUlIle of bUilding than goes on in Shorewood. . Minutes, By-laws, Motions, Cheok lists & Homework: Planning Commissions find themselves having to defend their decisions before the public and in some cases, the court. It is import~t for a Gommis$ion to have their own By-laws. Duties and Objectives: What is the Plannil1g Commission"s role in releltion to the Council? Is it advisory? !)oard of RevieW? (GOOd idea to have joint meeting with P.C. and COUl1oil. Some municipalities have such meetings every 5th Monday which comes twice a. year.) . ~~.3 Things to be included. in B;r~law considerations; Membership: Address ~he matter of absenteism/ Officers and Duti.es: :b well as officers, consider including oommittees. Meetin~ - Good idea to plan for annual meeting at wnich time planni-ng philosophy could be discussed (also could be a semi-sooial event). . Conflict of interest rules: Public Hee.~in~:Reootnn.lenda.tiotls I. Agenda. :refleo~ .wha.t~~nds or>a,()tiOtl.is( aI'e). tobet~en. 2. Spokesman pf Pla.nnine!Coinrnis!1Ji()~OMsumma+,ize >wh~th~s t~en place so far. . .. .3. Planning eommissi<>nei'$ shOuldtalcenotes. Keeptr@koftil'rl.e tpkeep meet ing going. the 4. The. mOre factual/data, the better. the recommendatiOn. S. Make sure motions are clear and ~e.a fonn. 6. Commissioners summarize reasons for their votes .to<prevent appearance of decisions being arbitrary, caprioious or unreasonable. 7. After closing a public nearing. pl~ing cormnissiol.l should gather around table for discussion (this would not violate open meeting law,but would facilitate di.scussion.) Minutes Outline: Title of meeting, place, time, date, p1ann~:ng cornmissioners present Appearances made by; Witness and summary of testimony Hearing closed Matter taken under adVisement, or whatever Adjournmeni;. Homework - To build P. C.'s credibility, the f9110wing are suggested..: Reference was made toG'WUlar J:sberg' sHandboo,k for Local and Regional Pl&nnine. Highly recommended. One P. C. has one of its members review one chapter at each planning commission meeting. Planning Commission should develop ~owledge of P. C.'s assignments and its problems. Do homework. Don't just react. Take time for education ,talk policy with one another. Visit other Planning commission meetings. Observe. Have meetings with city council. Seek proper relationship with staff. Seek good input from neighbors. Have a good feel for what questions to ask. Know the land. Request good staff reports. ~lswer questions such as: is it legal? what are precedents? what is relation to compreh(imsive plan? Court has upheld zoning for esthetic purposes -- case: Minnetonka could restrict billboards in residential area. Cannot deny trailers in municipality, but can restrict them to an area such as a trailer park. LEGAL ASPECTS OF PUNNING 100> ZONING: H is important to have Comprehensive Land Use Plan and Policy Statement t'o back up decision. An Ecoriomic Development f'19-."l is useful too. . PUBLIC HEAHINGS: HOv.Ia.rd Kaibel of thE! Office of Rearing ,q;:x:al'niners offers the services of his agency. 1745 University Ave., St. Paul ...296.,..6910 . . . page 4 ISSUES IN LAND USEDEVELOPME1rr Description of the No:rthfield P1anl'ling CoJnJnissiqn and the way it functiQns ma1ces it seem to be a very effective body. Carver::ounty wants to preserve agricultural lan(i for food produ,ction and prevent leap frogging housing develoPment. A.ft~r moving from l acre, to 5 ac:re, to 10 acre requirements, they have developed a requinnent that demands lots be 40 aCreS ,..lith one acre set aside fOr a living unit. Otherwise, property owner must go through the regular $ubdivision process. He expresses satisfaction that this new arrangeroent is doing vJhat i;hey hoped it would dO. . i ',. , TO CotJNCIL AND PLANNING COMMISSION' MSgBERS -F''ROM JAN HAUGE}! ':-Jednesday" - Feb. 25tb After usual'll registration, introductory remarks and announcements... plc;s 3. welcoming message-the two day seminar "THE PLAI'TNING G(l~ISSION rJ LOCAL GOVERr~INT" or "THEY NEVER LISTEr; TO us 1\ COmIl'lEnlCed. RicDaI'd Babcock, attorney from Chicago, spoke to us on liThe Role of Laymen &i'tcH'essionals in Planning & Zoning Administration". It was I;is opinion that Lay persons should be more involved; should actually be in charge. They should be' practica.l in regards to land use. There must be comprehensive. pVmning and ordinances pertaining to land use.. One thing that must be remembered is tnat cnange is important in zoning; :it is a response to individudrequests. A Planning Commission should follolPl these rules. 1-There should be requirel'1lents that written reasons for or against a proposal be provided . 2- UEx-r'arty" contacts (meetings and hearings other than publi c) must be prohibited. Might be in ordinance form. 3-Srol;1 d have a II conf'l ictof interes t I! ordinance. 4~Stafr or consultant reports should be available to all. 5-11. time period should be set dOl-In !:l$ to when recommendations mus t be lllade. 6-Provisions must be made to give notice to nelghbot$ early in the game'. 7-Clearly define word.B in your ordinance.( 01 ear enough so those in the future knot<\! what you meant.) B...Public hearing process must be rail' and just... and must 9,ppear so. Should be like a court. The Councils lIlustcbnduct themselves in the same lIlanneras prescribed for the Commission. Policy-sand rules must be established to insure just 'decisions. 1'0 formulate policy read the 'Zoning ordin!'l.nces; stud;}' variances and changes; check recent amendments; and retJlew the COI1prehenstve Land Hse Plan. Ask if' it is iumortant to have the zone tbere sa a holding zone. The later (C.L.ll.P.) ls.sometilll€'so'terlookeQ, and now is.e.cqulr signifbance.. GivelUustrntionsin your policy clarify it. de'chi ons to d.iscover the pol iC~f.. ..people will then be able to find predictabili ty. ~l:1" Fat suggested 60 days should be Ume enough to get out reeome!1daUohillO state either to aSsume in favor of proposal or it is to be deni.ed if no 1"6cottlmenda tion is given by tl:e allotted time ;wtth the understa.nding that there should be no presumption by council 01" developer of proposal that it's correct. If anyone has a conflict frOm the decision Wilking. It. is ,vise to encourage PIx:!.J ding in eR2 zones :rather than R1 be cause ofedonomics. Sometimes. they dOh't need side ,froht or back yards and set Mcks. There is ho law against down gradi.ng unplatt.ed land although many think tbere is one. 'l'hey are cOflf'used Ioli th the one on platted land. Keep in rr:ind the issue Oh unplatted land should be is down grading reasona.ble in view of facts presented. interest.. disclose it. th~n remove youreel f' Hext or; the a.genda Was a s11de presentation on "Planning Commissions and their role ". The points brought forth ,..ere: 1-PlannitJg Coromissions."etould have by-1a.ws. 2...Their technical role is planning, reacting t(). plans of others and zoning ordinances; sub-divisions and their regulations, capi tol iml'1'ovement planning and recormtenda tion to the counCil. ;..Zduea.tionalrole )!4ou.1d be to explain w~lat. it's doing and why. 4...Institutlond rola WQuld be to provide data, technical f~H::ts, studies and alternatives. "1/1ho Should be on the Planning Commission and How Do They Get There?1I was tne next session. " Pick someone who: 1) enjoys planning for the futul"e;2) has the strength to say no; ,) has a background tba.t\ indioatea broadintereats;4)are busy people (will have no time for small talk and w11 1 make deehiol'18); 5) has some expertise in specific fiellds; 6) has tille to commit tOl11eetinp, hearings, and necessary preparation;. 7) can stand tho harassment sometimes handed to them; B) will be an environmental watchdog.; 9) shows concern and interest in the city (civicmindedness); 10) has capaeity to listen well and can sort out the issues. Political affilHation should liQI. have any bearing On the appointment. 1110uld be good to have an advisor person they could call on for information that is in banking and/or finance. \A!atcn out for conflict in interest due to occupation - i.e. real estate salesman or land developer. Credibility of commission must not suffer. St. Cloud gives t of license fees to Planning Commission Fund. Ca.n oalr be used to further oommuni ty developement. Thelr members are appointed for 7 years, but ususally only etay on for 4 years. ?ridley has an interesting set-up. The Council appoints members to 7 sub-committles (Human Relations, Parks, etc.) Each committee elects one person to the Planning Commission plus an alternate so there will always 'be a full Ciommission. The Commission elects their own chairman. Next we were to hear about IIRelationships of Planning Oommissions and other Depar'blents, Organizations and Levels of Government ."--- ~/ell fri,ends, the only thing that came out of the meeting was; 1) Educate Oouncils and appoint~es what their functions are. 2) For better planning make sure there is good communicattion between CQUncil, commissions and people. . . , ., The last hour of the day covered II!-[onotoring Oonditional.. U~J'ermi ts. This is usually the #1 problem in a oity. ~~unioipaHties don't,fare too well in courts regar~ing them. The theory is more control, but the reverse is true. C.U.P's control the Councils and Commissions. More and more councils are realizing they must define terms to specify limits for NOW AtiD THE ~J~~mE and must be reasonable. Li::lok anead - tbere mignt not be a.nyone around to know your intentions. !310omington onanged the meaning of C.tT.P. Instead of tne usual "use suitable totne a.rea" they specify "use NOT suitable to the area". I!- was suggested tnat a stipulation requiring "owner occupied" be in some variances. Be sure to monitor conditions S$t down in the variances. If tbe'!!Je~~sno complience hold a hea.ring; give an either/or decision; then close th$~ down if they still don't comply. If a permit is issued it must be used within 9 months or they must return for another hearing. Bloomington has broken down their use permits. 1) Ad1ninistrative use permits ~ historically never turned down. 2) Seasona.l use permits ~ good for one year. ,) Conai tional use permit - good for 2 years . If the use permit is in confliot wi th the develtentalPlani t is denied. Use must be in the ordinance. . Tags a.re issued if the pel'Illi t stipulations are not follewed. On tne 2nd tag they areei ted for appearance in court. 'rd tag file a oomplaint, and if the ~th tag is issued take thel.l'lto oourt to revoke permit. THURSDAY FEB.a6tn Dr Jerome Xauf:oan spoke on It!nereaeing Planning Effectiveness" Frankly I found n1m a.n arrogan+gotisticd bore. . Some . of his sugge$tions were suspicious and bordering on being 111egal. '!'he first h a1 f nour WA.S devoted to p"lugging his new book on planning and 1>a g himself on the back 1'or his grea~. C'ou!"se$ t3t the U .0fWhcon91n ~ l!I a 11'ole890r.) lrlell. that's the way he suggested you gat thing, done regarding planning. How do you like his way o.f doing i tf1'! "Legal Aspeots af Planning and Zaning" cavered 4 areas. The first was RHow to use yaur attorneyll He prosecutes and is at the will of the council. Who. didn't. knaw t.ha.t??? "Relevant Minnesota Court Deoisio.ns" told us to' have facts, figures, reaso.ns dOCUJllented to. back up yo.ur decisions. Be sure so. they can't call yo.u capricious. Speoify what cri terla should be put down for vllriances. :1:9,ve legitimate reasons for all yo.u do. Then he described a case - one that involved City of lUnnetonka. va. ~Taeg6)e. (Sound fal'dliar to any-one.) The next speaker more or less eohoed what had been said by the others. So did the next one - and the next one!! One speaker was interesting. She suggested a commission should estima te the rate of gr01"th your ci ty is expanding and pro. .1ect it for the future. 80.. .~. with the cost of grawtb and amo.unt af services required. You shauld keep the P.R. image of a commission low-key. Take your lumps for what you do. and go on. Cri tiehm is part of the game. There shoul d be two. meetings a l1lo.nth for the planning commissio.n. Orne ror dis- cussion only and the other for review and results. PLANNING IS FUMBLING FREELY n;TO THE FUTURE!! Eh-tha-tha-that t a all folks. . . . ORDINANCE #77 Sectien 7: Conditienal Use - :Valid for one year, unless building permit is issued and censtruction actually begun and occupancy permit is obtained. Subdivisien 3 - Procedure A. Letter to, planning Commission to request a pre-appearance. B. File application for conditional use permit with city clerk, accompanied by non-refundable fee of $100.00. C. Complete form with fellowing information: 1. legal description ef land 2. evidence of ownership and "beneficial interest" in tract of land and proposed development. 3. evidence that applicant has the meney to finish the development 4. submit plans showing: (a) current zoning classification (b) existing land use of tract and those tracts directly adjacent to it. (c) any Significant topographical or physical features ef tract. 5. three copies of preliminary plans showing: (a) location, size and use and arrangement ef preposed buildings, and existing buildings which will remain. (b) quantity of off-street parking and loading spaces. (c) locatien of projected entrance, exists and circulation drive (d) locatien, use and size of structure and ether land uses on adjacent properties ~e) proposed lot and blocks, if any (f) areas proposed to be conveyed, deeded or reserved for public use er community open space, parks, playgrounds, schoel sites, recreational facilities. (g) preliminary sketches of proposed structures and landscaping (h) drainage plan fer develeped tract (i) tabulation of use area, site ceverage, parking spaces, residential density, floor area devoted to commercial uses and other development data. 6. provision for open space or recreational facilities - (a) submit maintenance and care schedule (b) if area is to, be owned by other than muniCipality, submit cepies of propesed articles of incorporation 7. submit copies ef any restrictive covenants with respect to property in prepesed development 8. submit schedule of development or unit construction stages, with approximate beginning date and completion date for each stage (See Ordinance #77 for details). 9. Planning Commissien may require traffic survey and subsequent impact on area. 10. statement showing relatienship to, future land use plan fer Shorewood 11. statement why property will net decrease value of preperty in neighborhood 12. statement how proposed development is designed, arranged and operated in erder to permit orderly development of near-by property. DATE OF: Public Hearing before planning commission Notice sent to, adjoining preperty ewners Planning Commission's recommendation to Council (within 90 Ci ty Ceuncil recommendation ldays of above date) (within 60 days of above date) , i +-\\. ~ SHOREWOOD MEMO: Planning Commission Agenda DATE: 3/5/76 Meeting: March 11, 1976,7:30 p.m., Ninnewashta Elementary School 1. Informal discussion with Kr. Larson, a pl~umer, with proposal for medical center (consisting of clinic, nursing home, apartment for elderly, etc.) for Brom's Market propert;y. 2. Work on the Residential-ltecreational Zoning Ordinance 3. Compile list of criteria to be given to prospective planners re Shorewood's needs. e ..", e -- PLANNING COMMISSION - MINUTES CITY OF SHOREWOOD March 18, 1976 The Planning Commission met for a study session on March 18, 1976, at Minnewashta Elementary School. In the absence of the chairman, Vern Watten called the meeting to order at 7:50 p.m. Present were Commission members Jerry Brecke, Jane Cole, Steve Larson and Council member Jan Haugen. Absent were Jerome Miller and Frank Reese. The approval of the minutes of the meeting of March 11, 1976, was deferred in order to have time to read and study them. The members proceeded with their review of the Residential and Recreational Zone. Irving Turner of the Gideon's Bay Association was present (Beverly Plathe arrived later). Mr. Turner once again inquired into the nmure of the instructions from the Council regarding the R and R. After considerable discussion as to whether the Planning Commission is to assess first whether there is a need for a Residential- Recreational Zone or whether their task is to review the final draft of the R and R and make it more stringent (or both), the Planning Commission asked Council member Haugen to secure specific written instructions from the City Council. study of the R and R started with page 3. Reference was made to a study by Orr-Schelen-Mayeron on construction of docks. The material included is still pertinent and has valuable recommendations. g. Docks-Design In Item No.4, remove the words: "in an area thirty (30) feet beyond two hundred (200) feet." It shoul d then read; (4) Gasoline dispensing equipment shall not be attached to docks on which private boats are tied, but shall be located no closer than thirty .U2l ~ from any boat slip. (Jane Cole willcheck in:ro- the matter of gasoline dispensing and LMCD requirements.) Items (5) and (6) remain as is. Docks-Material In Item No.1, remove the words: "treated" and "of". Item No.1 should read: (1) Shall be constructed of non-deteriorating lumber or metal construction. After discussion about upkeep of docks, the following item was inserted. Change Item (3) to (4) and insert new Item (3), which reads as follows: (3) Dock support posts shall be aligned vertically and docks at all times shall be kept in good repair. (4) Boat slip covers shall be permitted only as approved in the design plan. h. Ancillary Facilities (1) (Check with Frank Reese about definition of "light accessory marine- line equipment." Does it include items like anchors, rope, tackle, fishing equipment, life belts, preservers, fish nets, etc? Does it mean to include only items that are safety related, and not items that could be sold for revenue purposes only?) e w It . PLANNING COMMISSION MINUTES - 3/18/16 Page 2 h. Ancillary Facilities {contd.) (2) Remove "fishhouses". Item (2) should read: Rentals of fishing boats, canoes, and pontoons shall be limited to a total not to exceed twenty-five percent (25%) of the slips. (3) Revised from previous minutes of March 18, 1916, to read now: Storage of the number of boats, or cradles, or trailers shall not exceed thirty percent (30%) of the slipho1dere. (Check on the difference in meaning between "slips" and "slipholders".) Add new statement for (4). (4) Stacking of any items mentioned in Item h(3) is to be permitted only on approval by planning commission and yearly review by city council. i. Site Plan Addition of the underlined phrases now makes item (1) read as follows: (1) Site Plan shall be drawn to scale showing dimension of site, drainage, lakeshore footage: location of docks, shape and design of docks, flow of boat traffic, location of boat dock covers, location and d(Sign of buildings on site, zoning of property within one thousand 1000) feet of site, access roads, parking and boat storage area showing parking stalls and traffic flow and impact ~~, location of screening, lighting with controlled lighting patterns, and approved landscape design. Jerry Brecke reported on his attendance at the Shorewood Park Commission meetings. They are planning and have already had joint meetings with Park Commissions of other South Shore municipalities. They invite the Shorewood Planning Commission to attend their meeting on April 5th, at which time they will present their plans for Shorewood and what they have discovered in their work so far. Jerry Brecke will request copies of P. U. D. ordinances from Golden VAlley, Plymouth, and Cottage Grove. Jan Haugen reported Frank Kelly's oplnlon regarding reserving dockage for Shorewood residents, as follows: A percentage of dockage could be held for a certain length of time, but if after that date is passed and the docks are filled by primarily non-Shorewood residents, they cannot be forced to vacate for a local resident. The meeting was adjourned at 10:15 p.m. Respectfully submitted, Shirley Rice, Secretary PLANNING COMMISSION - City of Shorewood MINUTES - March 11, 1976 . The Planning Commission of the City of Shorewood held its regular meeting on Thursday, March 11, 1976, at Minnewashta Elementary School. Jerome Miller, chair- man, called the meeting to order at 7:40 p.m. Also present were Jerr,y Brecke, Jane Cole, Steve Larson, Frank Reese, Vern Watten and City Council Member Jan Haugen. Frank Reese moved, Jane Cole seconded, that the minutes of the meeting of Febru- ar,y 12, 1976, be approved as submitted. Unanimously approved. . First item of business was an informal discussion with the Planning Commission regarding a development of the Brom's Property (now owned by Horace Murfin) on the South Service road of Highway 7 just west of Vine Hill road. Representing Summit Properties were Bill Soules, Glen Pagel and Dick Larsen. Mr. Larsen of Larsen Associates showed plans and a model for a proposed health care -- geriatric center for the 25-acre site. The tentative plans call for a clinic; extended care (nurs- ing home - 200 beds);retirement home (100 units for one or two people); two senior citizen's apartment complexes (50 units each) and office building. Contour of the property would remain pretty much as it is with some filling or leveling needed for the eastern front part of the lot where gravel has been removed. Traffic to and from the Christmas Lake area would be directed through the development and would merge on to Highway 7 at the point of the development for those traveling East. The office building could contain such services as a grocery store, beauty shop, drug store. Mr. Larsen said the model was only a prototype and did not reflect any specific architectural proposal. Securing municipal water from the City of Minnetonka for this project would likely bring a $30 ,000 assessment. He also suggested Shorewood might want to sponsor housing for the elderly through federal programs. Jan Haugen suggested he contact George Gerberding of the Minnesota Synod of the Lutheran Church in America, in order to become acquainted with the church's plans for elderly housing and see if there is a possibility of working together on this project. Also he should check with the Minnesota Transit Commission regarding the required width of roads needed by busses that might service the area. The Commission's response was generally favorable, but they requested more specifics from Mr. Larson: who is going to do this project; provide a specific rendition of what type of buildings are planned; how will it be done (time table, financing); and what specifically will go into the project. After discussion regarding possible zoning of the property, Frank Reese moved, Jane Cole seconded, a motion to recommend to the City Council that they look into a Planned Unit Development ordinance that would allow other than residential planned developments for the City of Shorewood. It was unanimously passed. The next item of business was the reV1Slon of the Residential-Recreational Zoning Ordinance. Interested citizens present for this discussion were Irving Turner and Beverly Plathe of the Gideon's Bay Association. . Mr. Turner inquired as to the need for an R and R zone. He expressed concern that citizens would feel the R and R is a "subterfuge" for a marina to come into Gideon's Bay. J. Miller responded that the council had directed the Planning Commission to review it and bring back a revised and more stringent version. The R and R is a preferred vehicle to a conditional use because it would establish more controls. Conditional uses would have to be reviewed each year and an R and R would be re- licensed yearly. . . . PLANNING COMMISSION MINUTES March 11, 1976 - page 2 PAGE 1 - FRANK REESE Two things he looked at in reviewing the first page were the first draft and the comments from the Public Hearing and the "rehash" with the Planning Commission in December. He asked the question as to whether there should be other uses listed in the R and R besides marinas, public and private. Through discussion with the council over the months, and the city attorney, and because of the press of time the work thus far has been in the area where the need seems to be the greatest and uses most pertinent at this time. Other quasi-public things have been suggested, but it would take time to work out all possibilities. After considerable discussion regarding adding other types of recreational uses to the R and R and with the possibility of amendments to follow, Frank Reese suggested adding in the fourth line of Purpose (Subdivision 1) after "sites of the City": These uses would encompass such needs as public and private marinas, riding clubs and other outdoor activities. Discussion about public or private marinas as to why certain activities are allowed to private marinas and restricted to public marinas: responses reflected that it might not be in the interests of the neighborhood to encourage further use of the area. Private marinas need more land to provide buffer and there are strong set- back requirements. How about restricting use of boats? Can non-members come in and use boats? Can members lend their boats to friends, business associates, etc? The possibility of corporations taking over certain number of slips concerns p. c. members. Members feel that by raising the number of slips that are required to be set aside for Shorewood residents that this problem might be addressed. PAGE 2 - JANE COLE Under A. Definitions 2. Marina, private: add and their guests after "members of the marina" Discussion ensued regarding subtracting power boats from authorized uses. There is a need for control over what use an applicant applies for. A slip is not to be inter-changeable between one use or another in a given year. Application should specify proposed use -- these requirements may be listed under '~iscellaneous Requirements" on page 6. B. Special standards for issuance of conditional use permits. 1 . Marina, pub 1 ic a. requirement to protect small lakes (Christmas, Galpin, Virginia) b. slips - a slip could be described as an area from stringer to stringer. The area could be two boats or one boat per slip depending on the feet between the stringers. There is a need for a good definition of "slip". Frank Reese will bring that to the next meeting. The number of slips (50 - 100) is of such a size that it seems to be appropriate to our community and is economically feasible for the operator. . . . B. Special 1. PLANNING COMMISSION MINUTES March 11, 1976 - page 3 standards for issuance of conditional use permits. (contd.) Marina, public c. square footage of land parcel - NO CHANGE d. lake shore footage - NO CHANGE e. Parking requi rement s (I) Add underlined phrases: "Three-fourths (3/4)" motor vehicle "parking stall per authorized boat slip, minimum size - 300 square feet." (2) NO CHANGE (3) Frank Reese mentioned new techniques in surfacing park- ing lots that might be more esthetically pleasing and still fit the requirements. By striking out and adding to, number (3) should read as follows: "Driveways and parking areas to be ~ acceptable, permanently ~ and dust proof surface and provided with drainage satisfactory to the City drainage plan." No direct drainage to lake allowed. (4) By striking out and adding to, number (4) should read as follows: "Parking and storage (boats and boat cradles) areas to be screened to meet requirements as recommended by Planning Commission." The feeling of the members is that if operator can't do it on the sight in an acceptable manner, then he would be required to find other area removed from the marina sight. (5) By striking out and adding to, number (5) should read as follows: "Parking, boat, and boat cradle storage to be permitted only where and in the manner shown on the approved site plan." Some attitudes regarding boat storage are: Including boat storage is economically important because the operator needs to have a reasonable opportunity to thrive, otherwise a shoddy operation might result. If screening is required for storage areas, the fencing might need some landscaping to soften the effect of a harsh wall. Boat storage seems to be part of the character and flavor of a water (recreational) area -- E. G. New England. Not necessarily a negative feature for some people. On-land stacked storage is only economically feasible for 500 boats or more. What about height limitations and screening for stacked cradles? (6) NO CHANGE (Check with Bill Keeler for LMCD regulation.) ( 7) NO CHANGE f. By striking out and adding to, letter (f) should read as follows: "Access to site to be from arterial or collector street and to be free and clear to a width of at least twenty-four (24) feet of driveway." PLANNING COMMISSION MINUTES fllarch 11, 1976 - page 4 . PAGE 3 - JEROME MILLER g. Docks - Material (1) By striking out,number (1) should read as follows: "Shall be constructed of non-deteriorating lumber or .~ metal construction. f1 . . h. Ancillary Facilities (3) By striking out and adding to, number (3) should read as follows: "Storage of boats and boat cradles shall not exceed the combined total of thirty percent (30%) of slipholderB:" Because the weather was inclement, Jerry Brecke moved, Steve Larson seconded, a motion to adjourn at 10:30 p.m. Motion carried unanimously. The next meeting will be Thursday, March 18, 1976. Respectfully submitted, Shirley Rice, S~cretary INVESTMENTS" INSURANCE 5525 TIMBER LANE EXCELSIOR. MINNESOTA 55331 612 - 474c7673 ""':",',':.. .-....-<..-,'..: ,:', ~ ~~~ .~~ . . . March 31, 19.76 Dear Planning Commission Members: I hope you will take your valuable time to read what is enclosed. Enclosed is the Findings of Fact, Conclusions of Law, and Order for Judgement against the City of Shorewood. You will also find letters that were written to Mayor Stephen Frazier re9arding the proposed Sl1orewood Yacht Club or whatever.name it ,may go by this year. The name keeps on changing due to the political windsor legal strategy maneuvering. These letters can also be interpreted to mean not only Conditional Use Permit, but also the Dangerous Residential Recreational proposed ord- inance. This proposed ordinance is for the purpose of circumventing, deceiving, evading, thwarting and/or outwitting the Shorewood Residen- tial Zoning Ordinance for Commercial Uses in Residential Neighborhoods where citizens make their homes. The citizens of Shorewood would like to be able to trllst, believe, have confidence, a$surance and steadfast faith that they can depend upon.their Existing Residential Zoning Ordinance. The present COurse that is being ta~en is a bad bill of goods that is being crammed down our throats, no wonder citizens have a distrust of public officials. These letters were written by people off the lake and on the lake. They took the time and effort to put their concerns down on paper and may I add signed their name, not just put an "x" on a piece of paper, Unsigned. Please take the time to read their letters. They took their time to write, and they pray that their concerns do not fall on deaf and politi- cally motivated ears with no concern about the rights our citizens would like to believe they have in their residential areas. Sincerely" Irving L. Turner Resident of Shorewood, Minnesota LAKE MINNETONKA CONSERVATION DISTRICT 402 EAST LAKE STREET WAYZATA, MINNESOTA 55391 TELEPHONE 612/473-7033 FRANK MIXA,EXECUTlVE DIRECTOR 80AADMEMBERS March 26, 1976 RoIIert K. Pillsbury, Chairman t,tinnetonh ' . ThomuS. MlIple, Jr., Vice-ChairmanCJ. ty of Shorewood D~an c/o Shirley Rice AI... W. Clane, Secretary 200. Manor Road M.nnetonka Beach . . Robert T. Br'OWI'I, Tms"rer Shore'W'ood MN 55331 GrellnWOOd AI.. Fasching . Minnetrista Orval R, Fenstad Mo...d ~s N. Grath....,l I1;xcet.ior Herbert N. HankillSoo Tonka Bay Frank R. Hunt, Jr. Spring Park William C. Keeler Shorewood Robert S. MacNamara Wa~ata Angus T, Morrison Woodland Robert L. Searl es Orono Jeanne Slrohm Victoria George M. Tallon LlIketoMl TownshIp Dear MrS. Rice: lDre&,pt9Youx request.. cq;ocerning t1;l.e e.ff'ects of sail boats on boating de i1o1 and the eoolO#'.i1 on Gideons j3~, we listed below area boat density indexes and the effect of' suggested numbers of boats upon those indexes. Boats Stored per Aore of Water Boats Stor~d per Mile of Shoreline Boat Density Indexes Gideons B~ Exoelsior B~ Lower Lake South Lake Minnetonka as a whole 0.76 2.;0 , 0.38 0.48 1.0 57 172 86 53 Index Base Numbers 100 Gideons B~: if 125 boats It 100 It It 75 " n 50 " were 'added fI fl " " " It 98 92 85 79 1.19 1.11 1.03 0.96 There is current1:y very little knmm about the eoologioal impact of such activity on thea:re:-. ',. A Federal study of' motor boating on fresh water lakes,al though canpleted some time ago, has not yet been re- leased to the public. We know of no such work currently being done concerning possible ef'fects of sail boating. Probably the best information would be gained f'rom an environmental impact study, speoifically of this proposal for Gideons B~. We are also enclos:i,.ng the list of' marinas currently licensed by the Iu'iCD. We would be happy to be of further servioe conoerning the matter. Very truly, yours, cc: Robert L. Searles William C. Keeler LAKE MINNETONKA CONSERVATION DISTRICT . . COMMERCIAL MARINAS ON LAIC8 Mlmr:ETONKA AIm NUMB.~ OF BOATS . Boe.t & Motor Naxt of Excelsior Cochrane's Boatya-rd, Inc. Curly's Minnetonka Marina, Ino. Dennis Resort Ga.Yle ',sz.taxina. Corp. Gra;y's Bay Resort Greenwood Maxina Kehoe's Resort Maxtin & Son Boat Rentals Martins Resort Minnetonka Boat Works (Orono) Minnetonka Boat Vlorks (W~zata) North Shore Drive Marina North Stax Marina, Inc.' Paul's Landing Rockvam Boat Yards Stubbs Ba;y Marina Surfside, Inc. Ton,ka Ba;y Mar ine Windwaxd Marine, Inc. Total 20 oommeroial facilities . 42 other multiple facilities Total boats stored 95 110 118 14 134 134 100 ( ,74 15 22 66 55 95 95 98 31 66 25 85 104 1,536 ,1 ,54~" ;,081 1-7-76 . _rd ,(OJfi) ~2)/ @T~;;;u. cgytane/P . . . INVESTMENTS - INSURANCE 5525 TIMBER LANE EXCELSIOR. MINNESOTA 55331 612 - 474-7673 April 7, 1976 City of Shorewood Shirley Rice Dear Shirley, ~uld you please get me oopies of the planning commission meetings that pertain to The proposed R & R. Al so could I have all information that has been suppl ied to ther planning commission and council that has anything what so ever to do with the Yacht Club, Marina, or whatever name it goes by today. If you'd make a separate file marked Irv Turner, and give me the same info as the planning Commission or Council, lid appreciate it and of course pay for it. - Thank Y~U', ~ ~-~ ;<~.. Irving L. Turner Home Owner and resident of the City of Shorewood e ~o ., To: Planning Commission From: Shorewood City Council - Jan Haugen Date: March 29, 1976 1. Go ahead with the Residential-Recreational Zone as instrUcted once before. 2. Do some research about marinas. See the previous memo (3/18/76) for specific questions to get background material on. Proceed with all expediency because of the court order on the Kehoe case. Thumbs down on City-Kehoe! Thumbs up on Ridinger! 3. Forget P. U. D. ordinance because it causes all sorts of problems. AGEi'I'DA April 1, 1976 -- study session on the R and R e April 8, 1976 -- Jerry Duggan of Tonka Auto Body and Supply requests an informal hearing on April 8th regarding a zoning change from 8-3 to C-3 for the property at Highway 7 and Cliristmas Lake Road (southwest corner) Aud. Sub. 120, Lot 145. April 22, 1976 -- Public hearing on April 22nd on "InterStudy" proposal by Dr. Paul Ellwood (see enclosed letter to J. Miller) for the Brenden Property, 5740 Merry Lane (Aud. Sub. 120- Parcel 2600). **** Kristi Stover joins your ranks at this next meeting. She has been appointed to take Tore Gram's place on the Commission. Her address is 4755 West Lane and her telephone numbers are: Home - 474-7973 Work - 935-8601 . . . . . THE PLANNING COMMISSION Minutes - April 1, 1976 The Planning Commission met in a special study session on April 1, 1976, at Minnewashta School. Chairman Jerome Miller called the meeting to order at 7:45 p.m. Also present were Jerry Brecke, Jane Cole, Frank Reese, Kristi Stover (new member), Vern Watten and Council member Jan Haugen. Steve Larson was absent. Irving Turner of Shorewood and the Gideon's Bay Homeowners Association was also present. Jerry Brecke moved, Vern Watten seconded, a motion to approve the minutes of March 11, 1976. Motion approved. Jane Cole moved, Jerry Brecke seconded, a motion to approve the minutes of March 18, 1976. Motion approved. The memo from the City Council was reviewed, instructing the Planning Commission to proceed with review and amendment of the Residential- Recreational Ordinance; to make a statistical survey of marinas; and not to pursue the development of a Planned Unit Development ordinance. The list of Lake Minnetonka marinas from the LMCD was divided among the members for purposes of a survey. Cochranes Jerry Brecke:Dennis Resort Gayle's Marina Rockvam's Frank Reese: Stubbs Bay Marina Greenwood Vern Watten: Gray's Bay Curley's (Caribbean) Surfs ide Kristi Stover: Tonka Bay Windward Jane Cole: Jerome Miller: North Shore North Star Paul's Landing Martin & Son Martins Resort Mtka. Boat Works (Orono & Wayzata) Discussion returned to page 5 of the Residential-Recreational Page 4 is to be delayed to next meeting. Ordinance. Under "g" Docks- Design (3 ) As is (~) Jane Cole will search out state department regulations (DNR) regarding gasoline dispensing at a marina. David Hooj Shorewood Fire Marshall, might also be consulted. Possible reading: "Gasoline dispensing equipment shall comply with regulations of the Department of Natural Resources." (5) As is (6) Change "Uni form" to tvlinnesota State. "The Minnesota State Building Code shall be used in making the review, minimum live load of forty (40) pounds per square foot. Maximum deflection 1/240 of span. . PLANNING COMMISSION - 4/1/76 Minutes - page 2 (7) Add Lighting Vern Watten and/or Frank Reese will bring information regarding regulations for lighting for public safety -- how much candle power, necessity for "down" lighting, etc. Docks - Material (l) Cross out "treated" and "of". Should read: Shall be constructed of non-deteriorating lumber or metal construction. . (2) As is (3) Add new item. "Dock support posts shall be aligned vertically and docks at all times shall be kept in good repair." (4) Insert former Item (3) here and number it (4). "Boat slip covers shall be permitted only as approved in in the design plan." h. Ancillary Facilities .. Substitute new statement for Item (1). (1) "Clubhouse shall be so designed that it shall meet the requirements of the Minnesota State Building Code, shall not exceed two stories or twenty feet in height, and must provide at least equal visual compatibility with adjacent neighborhood." Insert new wording for Item # (2). (2) "Other recreational facilities such as swimming pool, and game courts and permanent ancillary use structures shall not be located closer than three hundred (300) feet to adjacent residential property, nor one hundred (100) feet from shoreline." (Statement regarding storage of boat~liminated.) Add new Item (3). (3) "Storage of the number of boats or cradles or trailers shall not exceed 30% of the slips." Add (4). (4) "Sale of light marine equipment is to be permitted." Site Plan -Item (1) under Marinas - public and private on pages 3 and 5 is to be removed and inserted as Item (1) under "B" on page 2 under Special Standards for Issuance of Conditional Use Permits. Change, numbering on Marina - public to 2. and on Marina - private to 3. . On page 2, Special Standards for Issuance of Conditional Use Permits "Site Plan shall be drawn to scale showing dimensions of site; zoning of property within one thousand (1000) feet of site; access roads; drainage; lakeshore footage; location of docks; shape and design and dimension of docks; flow of boat traffic; . . . . PLANNING COMMISSION - 4/1/76 Minutes - page 3 B. Special standards for issuance of conditional use permits. 1. Site Plan (contd from page 2) location of boat dock covers; location and design of building on site; location of parking and (boat) storage area(s) showing parking stalls, traffic flow, and impact on area; location of screening; location of lighting with controlled lighting patterns, landscape design. Looking ahead to page 6 - the following are items to be researched for discussion and decision at the next meeting. E.Miscellaneous Requirements Waste disposal Prohibition of public address system Launching hoist Electric power at each slip Jan Haugen suggested that planning commission members put together their rationale for various decisions (like why allow more slips in private marina than in public, etc.) made regarding the Rand R in order to have answers ready for the Public Hearing. Frank Reese moved, Jane Cole seconded, a motion to adjourn the meeting to April 8th. Motion carried. Respectfully submitted, Shirley Rice, Secretary . City of Shorewood The Planning Commission - Minutes April 8, 1976 The Planning Commission met in regular session on April 8, 1976, at Minnewashta Elementary School. Chairman Jerome Miller called the meeting to order at 7:45 p.m. Present were Jerry Brecke, Steve Lar- son, Frank Reese, Kristi Stover and Vern Watten. Jane Cole came at 9:00 p.m. Frank Reese moved, Jerry Brecke seconded, a motion that the minutes of April 1, 1976, be approved as submitted. Motion carried. . First item on the agenda was an informal discussion with Terry Duggan regarding his inquiry to change R-J zoning to C-3 for the 3-acre site on the southwest corner of Highway 7 and Christmas Lake Road (Auditor's Subdivision 120, Lot 145). He proposes to construct a new building on the eastern end of the property to house his business, Tonka Auto and Body Supply, with the addition of an automotive service center for installing auto parts, the details of which proposal were outlined in a brochure he distributed to the planning commis.i~n members. Frank Reese inquired why rezone to C-3 instead of C-2 which fits his proposal, and members expressed concern over rezoning the whole three acre tract to Commercial. It would be taking too much of a chance over what might want to go in there. Inquiry was made of Mr. Duggan as to whether he had solicited neighborhood reaction to his proposal. Vern Watten felt that area residents had suffered problems by the intrusion of the apartment complex at their "back door" and may resist any more major changes in the area. Mr. Duggan was advised to get a reaction from property owners in the area and specifically to try to get a petition signed by citizens indicating their acceptance of the proposed zoning change and con- struction. Also he should check the zoning ordinance for requirements he needed to fulfill before seeking a Public Hearing from the City Council. Next item was an informal discussion with Dr. Paul Ellwood regarding the occupancy of the Brenden property by InterStudy. He requests the addition of another conditional use to the Zoning Ordinance in R-l zone: namely to allow as a conditional use a non-profit research and educational corporation, provided the same meets the standards set forth in the ordinance. InterStudy is a medical research and educa- tional group, employing about 25 people, which engages in activities such as reading, writing and consulting. It would not be a conference center and any construction would be for purposes of convenience or repair and would be interior. They would be allowed tax exempt status but would be prepared to pay taxes to the city. He has interviewed a number of property owners on Christmas Lake and the consensus of those conversations was that though they prefer that a single family occupy that property, they would not object to Inter-Study's proposed use. Following are conditions suggested by residents and Dr. Ellwood: . 1. Property should maintain residential character. 2. Conditional use, if granted for this property, should not be permanent, but reverse to residential, if InterStudy should vacate it. . . . Planning Commission - 4/8/76 Minutes - page 2 3. Any parking or traffic should be limited to space for 20 cars - or an area of 50 x125 feet. 4. No more boats should be moored than would be from any residential property on the lake. Suggestion: no more than two boats. 5. Activities carried on should not include clinical or biochemical research. 6. Signs should be confined to small letters, about 3" high. Public Hearing notices for April 22, 1976, regarding this property (Aud. Sub. 120, Lots 146, 154 & 155) have been pub1ished in the Sun Newspaper and sent to nearby residents. Bruce Thompson, lawyer for John Cross of the S~orewood Yacht Club, made an inquiry regarding the revision of the Residential-Recreational Zone. He sought a clearer definition of the difference between public and private marinas and why requirements are more stringent for pri- vate marinas. Vern Watten moved, Steve Larson seconded, a motion to adjourn. Motion carried. Respectfully submitted, Shirley Rice, Secretary PUBLIC HEARING CITY OF SHOREWOOD PLA~NING COMMISSION - Minutes April 22, 1976 I The Planning Commission held a Public Hearing on April 22, 1976, at 7:30 p.m. at Minnewashta Elementary School. Present were Plan- ning Commission members Brecke, Cole, Miller, Reese, Stover and Watten. Steve Larson was absent. Council member Jan Haugen was present, as well as about fifteen interested citizens. Jerome Miller, chairman, opened the Public Hearing and listed the agenda as follows: 1. To amend Zoning Ordinance No. 77, Section 7 - Conditional Uses, Subdivision 2, Paragraph A (3) (a) to read: "Religious institutions, or non-profit research and educational corporation, provided the same meets the standards set forth in the ordinance." 2. Request by InterStudy for conditional use of lot 146, A. S. 120 (Brenden property, 5740 Merry Lane, on Christmas Lake) by a non-profit research corporation. . Jerome Miller declared publication of Public Hearing notice to have been certified and notices mailed to affected near-by property owners as required by the ordinance. He indicated that anyone who wished to speak should sign his/her name and address for the record. He commented on the effects of making amendments to a zoning ordi- nance and the careful consideration that must be given to such a proposal. He introduced Dr. Paul Ellwood of 5655 Christmas Lake Point to explain the InterStudy proposal for the Brenden property. His testimony appears in the Planning Commission minutes of April 8, 1976, including attached documents. Following are several addi- tions to the conditions requested by neighboring property owners and the Planning Commission and which were agreed to by Dr. Ellwood: 1. Add a restrictive clause to the deed that allows only single family dwellings to be constructed on this pro- perty in perpetuity. 2. Plant additional trees and shrubbery to screen the parking lot more completely. 3. Be willing to pay taxes levied against property. Following are some concerns expressed by citizens in the area: . Mike Pierro - If this amendment is made, what does it mean for other pieces of property in area? Frank Davidson - Will the staff be increased significantly so that more buildings need to be constructed, traffic significantly increased, etc.? Al Reynolds - Citizens of Christmas Lake are concerned for the environment of Christmas Lake and the whole of Shorewood as well. Many people from there have served the city in many ways. Christmas Lake citizens are more concerned that seven single family dwellings would go into the Brenden property than a group like InterStudy, which would use the property in a quiet manner. Robert Fayfield - Inquired how city and citizens would know of restrictive covenants that would be negotiated. , . . PUBLIC HEARING Planning Commission-4/22/76 Minutes - page 2 Harvey MacKay: How long will it take for a decision to be forthcoming from the Planning Commission and Council? Nancy Larson: If a residential area can benefit from a re- ligious institution in its midst, can one say that it would benefit from having a non-profit institution in its area (even thought she approves of InterStudy and its presence on the lake)? Art Sanderson: Does InterStudy have tax-exempt status? Will it pay taxes to Shorewood? George Noren: Lives across from property. Has no objection to its being used by InterStudy and no objection to proposed amendment. He sees it as a good buffer between areas. Paul Ellwood: (1) Staff doesn't need to be large to be effective. Would be reluctant to be pinned down to a specific number for staff limit. Coming and going of people would be limited. They have a few offices in other cities. InterStudy generally goes to its clients, rather than clients coming to them. (Later Dr. Ellwood agreed to restrict number of employees at this site to forty.) (2) Re: non-profit status. State statutes spell out criteria as well as the Internal Revenue Service. (Any profit must go back into education or research and research mus,t be in the public domain -- for a couple of examples.) (3) Board members have to be people other than staff (excep- tion, Dr. Ellwood). People who would represent the public would make up the board. The board decides salaries. The board receives no financial benefit from their service. (4) This is a fine endeavour to be introduced into Shorewood and would attract a number of good people to become citizens of this city. (5) Suggestion for limiting boats need not be as stringent as it is. Power boats should be restricted, but sa'ilboats and other quiet craft could be present in greater numbers. The Public Hearing was closed at 9:00 p.m. DISCUSSION RE: INTERSTUDY Upon inquiry Dr. Ellwood commented that InterStudy would appreciate a decision before July 15th. Would have to pay rent at two places after that time if decision is not forthcoming. Can move in after June 1st. Planning Commission comments: 1. py a ted, size Because the State Building Code limits number of people who occu- building, and the number of buildings on a site can be restric- and the parking lot is limited to a certain size, therefore the of the staff would thereby be restricted. PUBLIC HEARING Planning Commission-4/22/76 Mi nutes - page 3 2. Dr. Ellwood should get professional advice and counsel regarding' the one new addition to the property -- the parking lot. He should check with the Lake Minnetonka Conservation District (or the Minne- haha Creek Watershed District) and/or a professional planner regard- ing setback requirements from lake; where drainage from parking lot is directed; amount of square footage needed for 25 parking places; type of screening allowed; type of lighting used and where placed; accommodations by state law for handicapped, etc. 3. Planning Commission and City Council want to be apprised of any negotiated restrictive agreements. ~. ~ .,e6-4Ih1S ''1 e ,r~ CD~~ " 4. Ordinance revision requires two public ,fl",lui~ :YJ,l~ (l+IZ2/7~) \'J ~l d -9-&'~ f i: F G t a-R-€I-,,'&fl.e re a €i i'ft'Q -a-t ~.~ co u ac.i 1 mGL-t i J '9--" ~, td o;&-R s t i~ OC--~G 0 e 8 R €I h ~"~ . 5. There are a list of requirements to be met for conditional uses. Does Dr. Ellwood have this? Can he comply with requirments? There is a need to be consistent (e.g. Shorewood Yacht Club request). 6. InterStudy would be an intrusion of office-type activity in a residential area. At this point on Highway 7 most commercial activi- ty in this area is on the north side of Highway 7. . 7. What will be done with Lots 154 and 155? Are they wetlands? Could there and should there be some public access to Christmas Lake? DISCUSSION RE: AMENDMENT TO ORDINANCE 1. Amending the ordinance with this additional conditional use could allow something undesirable in other parts of city -- could easily be abused. 2. Is there a difference between profit and non-profit corporation? Brecke, Cole and Miller want to keep non-profit in the wording. 3. It might be well to investigate history of the Spring Hill Con- ference Center application for use of a residential property in Orono. 4. It is important to limit type of "research" allowed in a resi- dential area in Shorewood. Kristi Stover moved, Vern Watten seconded, a motion to amend the proposed amendment as follows: "Religious institutions, non-profit research and educational cor po rat ion s , ( @~ g 1w d i J;\ ~ 1 alii Q Fat ~n>~' , --@ R e iii i €l aI, ~ R Y !3 i e aI, a 1'\ e . .QiB18~ieal FeG0aF8R4. ,,) Motion carried. . Jane Cole moved, Frank Reese seconded a motion, that the Planning Commission recommend to the City Council of Shorewood that Ordinance Number 77, Section 7, Conditional Uses, Subdivision 2, Paragraph A (3) (a) be adopted by the City Council of Bhorewood as drafted with the addition of the words "or non-profit research and educational corporation excluding laboratory, chemical, biological, and physical I . . PUBLIC HEARING Planning Commission - Minutes 4/22/76 - page 4 research", to be inserted between the words "corporations" and "provided" as well as the words !!..2. part .2i. which is part of the wetlands to be inserted between the words "acres" and "the site". Jerome Miller made a motion to table the vote on the motion until the next planning commission meeting (May 13, 1976). Vern W.il'tten seconded the motion. Kristi Stover, Jerome Miller and Vern Watten voted to table; Jane Cole and Jerry Brecke voted no; Frank Reese abstained. Motion carried. Discussion regarding the Kehoe court decision to limit dockage and its relationship to the development of the Rand R followed. Jerry Brecke moved and Frank Reese seconded, a motion to adjourn. Motion carried. Respectfully submitted, Shirley Rice, Secretary . . SHOREWOOD MEMO: To the Planning Commis- DATE: 4/13/76 sion Members The council. has asked that you add some other items to the research on marinas-- namely having to do with power boats. 1. What are the number of marinas that accommodate (a) power boats (b) sail boats (c) both ? 2. What are the waiting lists for slips or buoys or berths for other kinds of boats? . 3. What are the number of slips provided at each establishment for (a) sailboats (b) power boats What is the cost of renting per slip? (a) sail (b) power boat What percentage of slips are reserved for local people? 4. 5 . 6. 7. Are there other fees or costs? What are storage requirements? Do they store everyone's boat or is it on a percentage basis? (a) What is cost of storing? What is fee or slip cost increase over last year? 8. 1974 1975 1976 Public Hearing - Dr. Ellwood's Inter-Study proposal, April 22, 7:30 p.m., Community Room . . . . VillAGE OF EXCELSIOR 339 THIRD STREET EXCELSIOR, MINNESOTA 5533' TELE: 6'2-474-5233 OFFtCl!' OF THe VILLAGE MANAGEFI April 7, 1976 I I I ! L, M!,s ",Els.a Wil~~e:y, ClerI< Ci~ot Shorewood ' 20630 Manor Road Shorewood, Mn. 55331 Dear lirs. W:i.l tsey: This is to advise that an application has heen receive4 for <Ii Conditional Use Permit and reduce thenwnber of parking spaces from 18 to 11, for an Animal Hospital adjacent to Collision Center on CQun~ RQad 19. , ThesellUltters w:Ul be heard by the Planning CommissiOn in the Council Chambers of the City Hall at 7 :30 p.m. Tuesday, April 13, 1976. If you have any interest in this matter, please feel free to attend. Yours truly, If~ 1.f4~~ Roy f.. · $wensoll City Manager RES:le Capies sent to.: Jahn Crass, 211-~':5'€)' Sd:ritht'O'w'FI'!' Rd= !fa r i na fTrop e r t y . Ed Crepeau, 140 West' Th'i:rd St Rabt McDougall, Mtka Stat~ Ba'I'l*',i 411 ~~Vater Str .~ &r<t. ' SHOREWOOD Bernie Mittelsteadt DATE: 4/28, 1976 Enclased is the plan submitted by DR. Paul Ellwaod far InterStudy's use af the Brenden Praperty on Christmas lake. The parking lot is autlined in red. This is ane of the area's that Dr. Ellwaad was instructed to. get advice an, especially becauseaf set back requirements and drainage into. the channel between Christ- mas Lake and Lake Minnetanka. Dr. Ellwaad would appreciate yaur recommendations as soan as passible. Thanks. I I I . See other side for names of people to whom notice is sent ~~ . NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the planning commission of the City of Shorewood will hold a public hearing on a proposed amend- ment to the zoning ordinance of the City of Shorewood, being Ordinance No. 77, which amendment would amend the wording of Section 7, Conditional Uses, Subd. 2, Standards and Conditions for Conditional Uses, paragraph A(3) (a) to allow as a conditional use in any residential or commercial district a non-profit research and educational corporation, provided the same meets the standards set forth in the ordinance. The amendment to the ordinance has been initiated by Inter- . Study, and the hearing will be held on the 22nd day of April, 1976, at 7:30 p.m. at the council chambers in the Minnewashta Grade School. All interested persons will be heard. At the said hearing will also be considered a request by Inter- Study for a conditional use for Lot 146, Auditor's Subdivision No. 120 authorizing the use of the property as and for non-profit research and educational corporation purposes. The property described is located at the intersection of Christmas Lake Road and State High- way No.7 in the City of Shorewood (5740 Merry Lane). All interested persons will be heard. . ~' ELSA City Administrator Dated: April 2, 1976 Published in the Sun Newspapers, April 7, 1976 . . I QRDINANCE #77 SE!ction 7: Conditional Use... Valid for one Y$ar, unlee;sbu,ildirlg permit is issued and const motion actually begun and occupancy permi tis obtained. ' Subd~ vi ~:;.on 3 :- Procedure A. Letter to planning Commission to request a pre...appeat'ance. B. l"ile application for conditional use permit with city clerk, accompanied by non-refundable fee of $100.00. C. Complete form with following information: 1. legal description of land 2. evidence of ownet'ship and "beneficial inte.rest" 1n tract of land and proposed development. 3. evidence that applicant has the money to finish the development 4. submit plans showing: (a) current zoning classification (b) existing land use of tract and those tracts directly adjacent to it. (c) any significant topographical or physical features of tract. 5. three copies of preliminary plans showing: (a) location, size and use and arrangement of proposed buildings, and existing buildings which will remain. (b) quantity of off...street parking and loading spaces. (c) location of. projected entrance, exists and circU,lation drive (d) location, use and size of structure and other land uses on adjacent properties (e) proposed lot and blocks, if anY (f) areas proposed to be conveyed, deeded or reserved for public use or community open s.pace, parks, playgrounds, school sites, '. recreational facilities. (g) preliminary sketches of proposed structures and landscaping (h) drainage plan for developed tract . . (i) tabulation of use area, site coverage, parking spaces, residential density, flOOr area devoted to 90mroercial uses and other development data. 6. provision fOr open space or recreational facilities _ (a) submit maintenance and care. schedule (b) if area is to be owned by other than municipality, submit copies of proposed articles of incorporation 1. submit copies of any restrictive covenants with respect to property in proposed development . 8. submit schedule of development or unit construction stages, with approximate beginning date and completion date fot' each stage (See Ordinance #11 for details). 9. Planning Commission may require. traffic survey and subsequ.ent impact on area. 10. statement showing relationShip to fut1lre land use plan for Shorewood 11. statement why property willnotdecreaae value of property in neighborhood 12. statement how propoaed development is designed, arranged and operated in order to permit orderly development of near-b~property. Public Hearing before planning co~ission -~---_. '., . Notice sent to adjoining property owners ._---- Planning Commission's recommendati(!>n to Council (within 90 .==~=_~.. City Council recommendation ' Ldays of above (Within 60 days of above date) DATE OF: . SHOREWOOD MEMO: Planning Commission DATE: 4/30/76 Enclosed are the minutes of the Public Hearing. If the minutes are too lengthy, please let me know. I shall try to condense my recordings! Planning Commission meeting has been moved up to May 6th. I reached everyone but Jerry Brecke and it seems that you all can attend. The Council would like a decision on the amendment and InterStudy and would like you to complete the Rand R and report it back to the Council in time for their May 10th meeting. You also wanted to discuss the administrative form for the Conditional Use at this meeting. Best wishes for the weekend! . ~ . . . . . PLANNING COMMISSION - May 6, 1976 Minutes A study session of the Shorewood Planning Commission was held on Thursday, May 6, 1976, at Minnewashta Elementary School, at 7:30 p.m. Jerome Miller, chair- man, presided. Commission members present were :Brecke, Cole, Larson ( arrived later), Reese, Stover, Watten and Council member Jan Haugen. Kristi Stover moved and Jerry :Brecke seconded, a motion to approve the minutes of the meeting of April 8, 1976, after noting that on page 1 in Terry Duggan's request that it should read he requested a change from R-3 (instead of R-l) to C-3. Motion carried. - The minutes of the Public Hearing on April 22, 1976, were corrected as follows: Page 3, Item #4: Change the word "hearings" to "readings". Strike the following sentence. Should read: Ordinance revision requires two public readings by the council. Page 3, paragraph immediately following #4 of DiscussionRe: Amendment to Ordinance: Change to read - "Religious institutions, non-profit research ~ educational corporations", striking out from "excluding" on. Frank Reese moved, Jane Cole seconded, a motion to approve the minutes as corrected. Motion carried. Discussion on the R and R was introduced with a statement from Jane Cole. She feels the problem with the R and R is that the planning commission is bogged down wi th defending some things put inlb it and with the "vehicle" becoming cumbersome and too restrictive. A new ordinance, in effect, is being written instead of a new zone. Change the title to Sec. 23 - Rec.-l, Recreational District in a Residential Area. Consider the following statement of purposel "Subd. 1 Purpose - The Recreationa.l District is intended to accommodate only those privately sponsored ventures that are oriented to providing recreational services to the community and that are by geographic necessity or by nature located -in residentially zoned areas of the community. Recognizing that the nature of Shorewood is primarily semi-rural and residen- tial, and recognizing tha.t there is a need to provide the opportunity for lakeshore usage to the non-lakeshore residents of the community, it is the intent of this Recreational District that these recreationally-oriented facilities be established in a manner so as not to interfere with the re- sidential neighborhoods that surround them." "Subd. 2 . Permitted Uses "Subd. 3. Conditional Permitted Uses A. Water harbouring of boats :B. Golf course and clubhouse facilities Details of number of slips, site plan, parking, etc., could be set down at time of application before planning commission. ### With the arrival of Steve Larson, the discussion shifted to the proposed amendment to Ordinance 77, Permitted conditional uses in an R-l area and the application of InterStudy for a conditional use. . . . Planning Commission - Minutes May 6, 1976 - page 2 Following discussion of possible overnight guests, Jane Cole moved, Frank Reese seconded, a motion that the following amendment be added to the motion made at the last planning commission meeting as the last sentence of the proposed amendment motion: No portion of any structure on site shall be used for the purpose of providing overnight accommodations t with the exception of caretaker facili ties. Motion carried. Jane Cole moved, Frank Reese seconded, a motion that the Planning Commission recommend to the City Council the adoption of the following amendment to Section 7- Conditional Uses, Subd. 2 - Standards and Conditions for conditional uses, para.- graph A(3)(a) of Ordinance No. 77: a.Religious institutions, or non-profit research and educational cor- porations, excluding laboratory, chemical, biological, and physical research, provided there is a minimum site of seven ac res, no part of which is part of the wetlands, the site is adjacent to a street wi th vehicular traffic of over 2000 vehicles per day and that the site further is adjacent to a commercial district. No portion of any structure on site shall be used for the purpose of providing overnight accommodations, with the exception of caretaker facilities. Motion carried unanimously. Next item of business was Conditional Use request by InterStudy, Dr. Paul Ellwood, peti tioner. Discussion continued on conditions agreed to by petitioner as proposed by the Christmas Lake citizens. 1. Maintain the residential appearance of the property (other than the request for addition of parking lot.) Frank Reese moved, Steve Larson seconded, a motion to allow Dr. Paul Ellwood to react to comments made at previous meeting. Dr. Ellwood presented two versions of new plans for the Parking Lot. 2. Dr. Ellwood agreed to the use of Sheet SA, Scheme No.1 from Rein- ertson and Associates for the Parking Lot. 3. Restrict power boating to no more than is typical of the single family dwelling on Christmas Lake. Restrict the power boats that are docked from the property to two-one of whioh oannot be powered by a motor larged than 25 h. p. 4. Property is not to be used as a launohing site for power boats other than those be1Gnging to Christmas Lake residents. 5. The signs labeling the identity of the owner should be oonfined to the property itself and should be dignified with letters approximately three inches high. Planning Commission - Minutes May 6, 1976 - page 3 . Steve Larson moved, Vern Watten seconded, a motion that the planning commission recommend to the City Council the adoption of the following amended resolution, together with the conditions requested by Christmas Lake residents and agreed to by Dr. Ellwood and InterStudy, as listed on page 2 of these minutes: WHEREAS, the property described in the attached Exhibit A is located within the R-l single family residential zone of the City of Shorewood and borders upon the waters of Christmas Lake, and WHEREAS, the property described in Exhibit A contains more than seven acres and the site is adjacent to a street with vehicular traffic of more than 2000 vehicles per day, and further the site is adjacent to a commercial district, and WHEREAS, the applicant, InterStudy, a non-profit research and educational corporation, has petitioned for a conditional use permit so as to authorize the use of the property described in Exhibit A within the R-l zone for non-profit research and educational purposes, and WHEREAS, a public hearing has been held on the said request by the planning commission, NOW, THEREFORE, BE IT RESOLVED that the planning commission of the City of Shorewood does make the following recommendations to the city council of the City of Shorewood: . 1. A conditional use permit be issued to Inter Study, a non-profit research and educational corporation, authoriZing the use of the property described in the attached Exhibit A as located within the R-l single family use district as established by Ordinance No. 77 of the City of Shorewood, subject to the follow- ing limitations and restrictions: a. The conditional use permit shall automatically terminate upon cessa- tion of the use of the property for non-profit research and educational uses in connection with InterStudy operations for any reason for a periOd of more :than ninety days, and thereafter the property shall revert to those uses allowed wi thin the R-l district of the zoning ordinance. . b. The conditional use permit shall be personal to InterStudy and any attempt to sell or assign any rights in the conditional use permit to any other person or corporation shall automatically terminate the condi tional use permit and it shall be of no further force and effect. c. No new construction of additional bUildings or structures shall be permitted under and pursuant to this conditional use permit, except enclosed connecting passageways. d. The applicant shall file with the city clerk for review and approval by the city council all plans for remodeling both the interior and exter- ior of the buildings and the construction of enclosed connecting passageways located on the property. InterStudy shall be allowed only a minimum of exterior remodeling. e. Plans shall be filed showing the location of automobile parking to be used in conjunction with the conditional use, including proposed screen- ing of the parking area with appropriate vegetation and other natural materials so as to make the same as inconspicuous as possible, as per Scheme I, Sheet SA, dated May 6, 1976. This plan shows additional shrubbery around the twenty-six parking places. Such plans shall be approved by the city council. . . . Planning Commission - Minutes May 6, 1976 - page 4 f. The use of the lakeshore shall be restricted to that use which is typi- cal of a single family residence located on Christmas Lake. Only one of the boats may have a motor larger than 25 h. p. g. Any dock located on the property should be typical of those serving a single family dwelling on Christmas Lake and should be only fifty feet long. No launching of boats shall be allowed from this property other than the boats authorized to be stored thereat. h. Signs identifying the occupant of the premises shall be confined to the property itself and the letters shall be no larger than four inches high. Such sign shall be no larger than three square feet. i. Use of snowmobiles shall not originate from this site. Motion carried unanimously. Jerome Miller reopened discussion of the R and R. J. Miller moved, Jerry Brecke seconded, a motion to allow Bruce Thompson, lawyer for John Cross, to make comments on the revisions of the R and R so far. Motion carried. Mr. Thompson commented as follows: 1. Number of boats allowed in public and private marinas seems to be virtually the same, though possibly different kinds are allowed in public marina. 2. Under private marina with the setback requirements listed for game courts an owner would need at least nine acres of property. There are examples of public courts being closer to R-l property than 300 and 100 feet, e. g., municipal tennis courts. 3. Some requirements for private marinas, as over against publiC, seem to be unusually discriminatory. 4. Re boat storage: (page 2) Each site plan is different. Some may be able to accommodate greater boat storage than others. 5. Limitation of building structures to height of two stories or 20 feet presents problems that might need to be reassessed. 6. Should language "impact on area" on page 3 (Site Plan) rather read the effect on the area in order to avoid misinterpretation, i.e. t possibly requiring an impact statement? 7. The requirements for private marinas are fairly restrictive. Should encourage facilities far superior to any presently existing on lake. Jane Cole moved, Steve Larson seconded, a motion to open discussion to anyone representing Kehoe's Resort. Motion carried. Terrence Kehoe urged that the Recreational District requirements be simplified and that each case be dealt with individual, with perhaps a list of do' s and dont. s to guide an applicant before he comes to the planning commission or council. Frank Reese moved, Jerry Brecke seconded, a motion to open discussion to Irving Turner and Peter Wattson of the Gideon's Bay Association. Motion carried. . . . Planning Commission - Minutes May 6, 1976 - page 5 Mr. Turner urged that the use of canopys be restricted entirely and that lighting requirements be addressed. Mr. Wattson inquired about restricting a marina to docking sailboats only. J. Miller declared the discussion closed and that the remainder of the meeting would be a study session. After considerable discussion regarding "I:'r'oper commercial use in a residential area", Frank Reese moved and Jane Cole seconded a motion to removed word Residential from the R and R District title. Brecke, Cole, Larson, Miller, Reese and Stover voted aye. Watten voted nay. Motion carried. Frank Reese moved, steve Larson seconded, a motion to present the proposed amended Recreational District up to page 4 right before "Marinas-Private" to the City Council for their review. This is in answer to the Council fS direction to the Planning Commission. Motion carried. Vern vlatten moved, Jane Cole seconded, a motion to adjourn. Motion carried. Respectfully submitted, Shirley J. Rice, Secretary . SHOREWOOD MEMO: To Planning Commission Members DATE: 5/l3/76 Steve Frazier would like as many of you who can make it to come to a study session with the council on Monday night, May l7, at 7:30 p.m. at Minnewashta School. Included in the study session would be completion of council' s revisions on the first half of the Residential (R-R) Zone and looking into modifications for the seoond half and also a hearing on Jane Cole' s Proposal. 1;4 .rom . . PLANNING COMMISSION - May 27, 1976 MINUTES . The members of the Shorewood Planning Commission met with the City Council for a study/work session on the Recreational District amend- ment to Ordinance 77, on May 27, 1976, at 7:30 p.m. at Minnewashta Elementary School. Present were Brecke, Cole, Larson, Miller, Stover, Frazier and Keeler. Reese, Huttner and Naegele arrived later. Watten and Haugen were absent. Also present were Frank Kelly, Bruce Thompson, Irving Turner and James and Rita Kehoe. Jerome Miller presided. Jerry Brecke moved, Jane Cole seconded, a motion to approve the minutes of May 6, 1976, as amended: i~e., Page 4, Item g: Change the word "docks" to dock. Motion carried. Steve Larson proposed that the Planning Commission call back from the Council for further work and consideration the Ordinance Change and conditional use permit request of InterStudy. He was advised that that is no longer possible--that if he has some additional concerns, he should address the council in person or by letter. Next item of business was the Rand R District. After soliciting opinions from people present, Steve Frazier declared the discussion would proceed using both the "Cole" revision and the original Rand R version simultaneously. . Frank Kelly commented on problems inherent in Item K on page 7 (Cole version) dealing with golf courses and riding stables. Upon discus- sion, consensus was that it would be better to handle such proposals when specific requests were made. Frank Reese moved, Jerome Miller seconded, a motion to delete Item B under Subdivision 3 (Conditional Permitted Uses) having to do with golf courses. Frazier, Reese, Keeler, Brecke, Huttner, Miller and Stover voted yea. Larson, Cole and Naegele voted nay. Motion carried. . Cole version: Page 2, A. Site Plan (Paragraph 1) 1 through 13 As is 14 Voted to retain 15 As is (regulated by LMCD) 16 As is 17 Omit 18 Change figure from 1000 feet to 350 feet. 19, 20, 21, 22 Add the following: 19 Name of owner and/ori!lmanager plus mailing address of facility 20 Location and design of loading area 21 Location and design of storage area 22 Location and design of trash collection facilities and access to same by trash collectors Paragraph 2. As is Paragraph 3. Omit Paragraph 4. As is . . . Planning Commission - 5/27/76 Page 2 B. Impact Study - City Attorney is to review and reword this paragraph. Page 3. C. Licensing of Recreational Facility - City attorney will reword and put in proper sequence. D. Omi t E. Omi t F. Omit (Items land 2) G. Will be incorporated by City Attorney under Prohibited Uses. H. Omit Items l, 4, 5, & 7. 2. Add figure: "20 feet" 3. City attorney is to reword this item. 6. Add: "lS feet" I. As is J. Cross out: "such as marinas and yacht clubs." Bob Naegele moved, Steve Larson seconded, a motion that the meeting be adjourned. Motion carried. Respectfully submitted, Shirley J. Rice, Secretary . . SHOREWOOD MEMO: DATE: June 1, 1916 To City Council and Planning Commission From Steve Frazier Joint meeting this Thursday night, June 3, 1:30 p.m., MinnewashtaElementar,y School, to work on the remaining portion of the Recreational District. Attached are the revised pages of the "Cole" version of the R and R as of the meeting of May 21th. The minutes are not ready in time to be sent out today although this revision comprises a major port~on of the minutes. . . . CITY OF SHOREWOOD PLANNING COMMISSION - June 3, 1976 MI NUTES The City Council and Planning Commission met for a study session on the Recreational District on June 3,1976, at Minnewashta Elementary School at 7:30 p.m. Present were S. Frazier, J. Haugen, R. Naegele and W. Keeler (arrived later) and J. Cole, S. Larson, K. Stover, V. Watten, and J. (Brecke (arrived later). Frank Kelly and Irving Turner were also present. Discussion started with p. 4, Item 6 (a) of the "Cole" revision, (typed May 27). Irving Turner, resident of Shorewood and representative qf the Gideon's Bay Association, commented that the work on the Rand R over one and a half years has moved ihe document more into a commercial area with less consideration being given for residents' concerns. Item 6 (Under F - Water Harboring of Boats a. As is b. Change "shoreline high water mark" to natural ordinary high water mark. Item 7-a. b. . c . d. e. Item 8-a. b. c. d. e. Item 9-a. b. Item 10-a. . As is Upon intreduction of numerous motions for percentage of storage of boats, cradles, and boat trailers (100, 70, 50, 45, 30, 0%) no decision was reached. Upon motion, discussion was delayed thirty minutes. Motion carried. City attorney to reword this item. As is As is As is As is As is As is Insert figure: 20 feet Omit: Add: "off-sale" after "beer" - provided a license is granted by the city council (Repair of boats to be taken up later under Prohibited Uses.) (Naegele to check with Kehoes) b. As is a. It was moved and seconded to add after "services": for only members and their guests. Motion carried. It was moved and seconded to delete last sentence. carried. ("The use of the interior premises for the tion of set-up drinks and beer is permitted.") It was moved and seconded that the last sentence be moved to "Prohibited Uses". Motion failed. Moti 0 n consump- a. a. It was moved and seconded to delete words. "kitchen facilities and food service", and to add after "tackle"- snacks and pre-packaged foods. Motion carried. . . . PLANNING COMMISSION - 6/3/76 Minutes - page 2 Item 1 O-b. It was moved and seco nded to delete: "or 20 feet in he i g h t" . Mo t ion car r i e d . c. Upon vote, it was decided to retain as is. Discussion ensued on items to be included for consideration at next meeting under "Prohibited Uses". It was moved and seconded to eliminate Item No. 10 (Water Harboring Facilities for Private Use) entirely. It was moved and seconded to table the vote on the previous motion. Motion carried. The meeting adjourned. Respectfully submitted, Shirley J. Rice, Secretary CITY OF SHOREWOOD PLANNING COMMISSION-June 10, 1976 MINUTES - The Planning Commission met in regular session on June 10, 1976, at Minnewashta Elementary School at 7:30 p.m. Present were S. Larson, K. Stover, F. Reese, V. Watten and Council Member J. Haugen. Also present were Gretchen Kellogg, Gary Gabriel and Chuck Crepeau. Frank Reese presided. Approval of minutes of May 27 and June 3 was deferred to the next regular meeting. First item on the agenda was an informal hearing on the subdivision of the Kellogg Property, 20270 Excelsior Boulevard, Aud. Sub. 141, Lots 45 and 49, into four lots and an outlot of 20,000 square feet. Gary Gabriel reviewed the proposed division on behalf of the Kelloggs. Lot 3 has a road frontage of 60', widening to a set-back width of 120'. (R-l requires a frontage of 120'.) Commission urged Mr. Gabriel to try to come up with more frontage on that lot. Kelloggs were advised to take the project to the City Attor- ney for information on sewer assessments, requirements for green space levy, etc. e Next item was the Stover purchase of 100' of land in Shorewood from E. C. Crepeau, land zoned R-5. They are planning to build an animal hospital in Excelsior, where it is zoned commercial. They have no plans or need for the 100' in Shorewood, but Mr. Crepeau insisted that they include that parcel in their land purchase. Council approval of the division of that property is required in order for Stovers to complete purchase and start building. Mrs.. Stover removed herself to the audie nce; he nce, there was no quorum present to vote. Stovers would like the land to be zoned C-3 preferably. A C-l zoning would require variance requests. The area is commercial by use, having been grandfathered in. Commission comments: If the whole R-5 section were rezoned Commercial, then it should be developed as a unit -- not little parcel by little parcel. Since an R-5 zoning requires a site of 5! acres, removing this 100' would reduce the acreage so it would not comply with zoning requirements. What about switching that whole R-5 section to R-4? Minimum site requirements are 2! acres. Would like the Park and Recreation Commission to review this re- quest in relation to Studer Park and Excelsior's Park plans. What is going to happen to Studer Park? Are there any plans for tying in with their Park system? e Request direction from Council as to which direction they would like Planning Commission to move. It was moved and seconded to table study on division of Lot 214 till there is a quorum present. Motion carried. Meeting was adjourned. Respectfully submitted, Shirley J. Rice . SHOREWOOD MEMO: Shorewood Council and Planning Commission DATE: June 22nd I am calling another study session for the Rand R on this Thursday evening, June 24th, at 7:30 p.m. at Minnewashta Elementary School. You will be called on Thursday to see if you can make it. . Steve . . . PLANNING COMMISSION-JUNE 24, 1976 STUDY SESSION- MINUTES The Shorewood Council and Planning Commission met on June 24th, 1976 at 7:30 p.m. at Minnewashta Elementary School to work on the Recreational District Zoning Amend- ment. Council members Frazier and Keeler (arrived later) and Planning Commission members Cole, Larson, Miller, Stover and Reese were present. Also present were Irving Turner and Bruce Thompson and arriving later, Mr. and Mrs. James Kehoe. Discussion started on page 6, Section F 10 (c) of the Revised "Cole" version (typed 5/27/76). Reese moved and Larson seconded to delete "and shall be provided with appropriate safety features to reasonably avoid accidents" after "residential". Motion carried. It was moved by Miller and seconded by Cole to delete F 10 (c) (re: permission for game courts and swimming pools). Motion carried unanimously. (Any requests of this sort would be included in Site plan proposal.) It was moved by Miller, seconded by Stover to insert in Subdivision 4, G, after "revert to": "the zoning provided for in the district in which said land is located." Motion carried unanimously. Discussion returned to F 10 (a). It was moved by Larson, seconded by Cole, to add after "tackle": "limited kitchen facility to serve only snacks and pre-packaged foods". Motion carried unanimously. . Cole moved, Stover seconded, to insert after "snacks and pre-packaged foods": "3.2 beer and/or set-up drinks, provided license and/or licenses are granted by the - council. I' Miller, Stover, Keeler, Cole voted aye. Larson and Frazier voted nay. Motion carried. Larson moved, Miller seconded, to add : "3.2 beer and set-up~hall be only granted by 4/5's vote of council for 10 (a). (Add on to 9 (a) "provJ.ded a license is granted by a 4/5's vote of the Council.") ; Miller, Stover, Frazier, Keeler and Larson voted aye. Cole voted nay. Motion carried. Bill Keeler moved, Steve Larson seconded, that the part of 9 (a) and 10 (a) regarding the issuance of a license for beer and/or set ups be a separate sentence. Motion carried. Following is to be added to Section 27 (presently Section 26) (TABULATION OF DIMEN- SIONAL AND SPECIAL REQUIREMENTS) for R-REC column: 1. (a) (b) (c) 2 stories 35 feet 15 feet 2. ( a) 2~ acres mJ.nJ.mum; additional 1~ acres required where game courts or pools are permitted. (b) N/A 4. (c) 250 feet - lot width at lake shore . requires 250 feet (d) See Site plan (S/p) (e) Sip 3. ( a) Sip (b) 50' (1) (c) Sip (d) Sip (e) N/A (?) (f) 75 feet ( a) sip (b) sip . . . PLANNING COMMISSION-COUNCIL STUDY SESSION June 24, 1976 Discussion next turned to the ADDENDUM, which is to be reviewed and revised by the City Attorney. Section 2: Remove Section 4: Remove Section 5: Insert definition of "Slip" after "Sign-Surface Area". Section 6: Eliminate "Golf Course and Clubhouse" in the appropriate places. If applicable, add to Table No.1 in Section 13, Subdivision 12 the number of parking places allowed for a Water Harboring facility. On page 4, F - 7. (a) add the following: It was moved by Keeler, seconded by Cole to add "Summer" at the beginning of the sentence of (a); Item (b) to read: Winter storage of boats, trailers and cradles (excluding owner's rental boats) permitted only where and in the manner shown on approved site plan. Storage is to be limited to authorized slip or buoy holders.' Frazier voted nay. Miller, Stover, Keeler, Cole and Larson voted aye. Motion carried. Study on the R-Rec Zoning District was completed and is to be forwarded to the City Attorney for review and revision. Meeting adjourned. Respectfully submitted, Shirley J. Rice, Secretary . . . CITY OF SHOREWOOD PLANNING COMMISSION Minutes - July 8, 1976 The Planning Commission met for its regular meeting on July 8th, at 7:30 p.m. at Minnewashta Elementary School. Presiding was Chairman Jerome Miller and present were Commission members Jerry Brecke, Jane Cole, Steve Larson, Kristi Stover, Vern Watten and Council Member Jan Haugen. K. Stover moved, V. Watten seconded, to accept the minutes of May 27th as submitted. All voted aye, with the exception of S. Larson, who ab- stained. V. Watten moved, K. Stover seconded, to accept the minutes of June 3rd and 10th as submitted. Motion carried unanimously. PUBLIC HEARING-KELLOGG DIVISION (20720 Excelsior Blvd.) Jerome Miller declared the Public Hearing open on the division of the Kellogg property at 20720 Excelsior Boulevard (Aud. Sub. 141, part of Lot 49), at 7:55 p.m., certifying that proper notice was published in the official newspaper; notices were sent to residents within 300 feet of the Kellogg property; reports from attorney and engineer had been received; and required fees were paid. Terry Kellogg and Gary Gabriel were present to explain the amended plat of the property, dividing the parcel (1355) into three lots with square footages meeting the require- ments of the ordinance. Watten moved, Brecke seconded, that the building site setback on Lot 2 should be at a point that is 120 feet in width on a line parallel with Excelsior Boulevard. Motion carried unanimously. Watten moved, Brecke seconded, to accept this division of property, allowing that points one to four in the Engineer's letter of July 7th, and the concerns listed in the City Attorney's letter be set as restrict- tions on this division. Motion carried unanimously. (Council is requested to review Section 5-D (8) of the zoning ordinance with regard to the buffer strip requirement in relation to this division.) OAK RIDGE ESTATES-2nd addition Ted Noble appeared for an informal discussion on his proposed preliminary plat of Oak Ridge Estates-2nd Addition. He wishes to develop Lots 1 and 3 and 4 and 5, assigning the remaining land as an outlot. He was advised that a number of new regulations have come up since 1973 (when he sought approval of the subdivision previously) having to do with the flood plain level and the adoption of Subdivision Ordinance 79 and it would be well for him to consult the city attorney and city engineer regarding new and added requirements. Because he had never filed his final plat after council approved it in August of 1973, he was advised he would have to go through the subdivision process again, since that approval had expired acCording to the ordinance. He was further encouraged to subdivide the whole piece at one time, rather than doing it "piece meal". . . . Planning Commission Minutes July 8, 1976 PAT CUNNINGHAM-LOT IN CHANHASSEN AND SHOREWOOD Pat Cunningham, owner of a piece of property that is in both Chanhassen and Shorewood on Christmas Lake requested approval of a division of that parcel. The total square footage in the divided off portion appeared to be less than 40,000 sq. ft., with the portion in Shorewood being significantly less than 40,000 sq. ft. He was advised to produce an accurate plat layout and to seek counsel from the City Attorney relative to lot size requirements when it involves two municipalities with differing minimum square footage requirements, and the legality of putting together a lot from two differing municipalities. Watten moved, Brecke seconded, to adjourn the meeting. Motion carried. Respectfully submitted, Shirley Rice, Secretary SHOREWOOD .,,' -----,/.-' MEMO: Official Notice of DATE:7/5,1976 public Hearing to be sent to all residents within 300 feet of the property proposed to be subdivided, namely 20270 Excelsior Boulevard. '.'.., , " " . .. . SHOREWOOD PLANNING COMMISSION AUGUST 12, 1976 MINUTES The regular meeting of the Shorewood Planning Commission was held on August 12th, 1976, at Minnewashta Elementary School at 7:30 p.m. Present were J. Brecke, J. Cole, J. Miller, K. Stover, V. Watten and Council Member J. Haugen. Chairman Miller presided. PUBLIC HEARING - T. DUGGAN REQUEST FOR REZONING - A. S. 120, Lot 145 J. Miller opened the Public Hearing on a request for zoning change by Tonka Auto and Supply (Terry Duggan) for the property known as Audi- tor's subdivision 120, Lot 145. He verified that all requirements had been met for scheduling a Public Hearing. Terry Duggan presented his request for rezoning of the southwest corner property at the intersection of Christmas Lake Road and Highway 7 from R-3 to C-2. He explained his need to relocate the Tonka Auto and Supply Company from the northwest corner of that intersection because of the demands of an expanding business. He submitted a letter request- ing rezoning of only the easterly Ii acres of Lot 145, which could not be honored since the Public Hearing was publicized for the rezoning of the whole parcel. He offered an artist1s drawing of the new building he proposed to construct and indicated he had met with nearby residents on Third Avenue and with some members of the Christmas Lake Association. . About fifteen residents were present. Mr. and Mrs. Frank Davidson, Paul Ellwood, Tad Shaw, Paul Seifert, George Noren, Betty Cabalka, Bruce Benson spoke of their concerns in this rezoning. Davidsons spoke in sup- port of the request while the others opposed the zoning change. Upon hearing all who wished to speak, Chairman Miller closed the Public Hearing at 9:00 p.m. Planning Commission members indicated concerns for: retaining and devel- oping a "parkway" look to Highway 7; need to plan for "Year 2000"; this rezoning could be labeled "spot zoning"; the impracticability of zoning R-3 for that parcel; character of intersection is already commercial-- this request is not out of keeping; there is risk in rezoning whole piece of property without knowing plans for the remainder. Letters were read from the City Engineer, City Attorney and the Green- wood Planning Commission Chairman and Mayor. The decision on the rezoning request was tabled to the next regular meeting of the Planning Commission. . Planning Commission members discussed Resolution No. 59-76 passed by the City Council regarding the delaying of a vote on recommendations after a Public Hearing on rezoning, amendments to zoning ordinances and conditional use requests to the next regularly scheduled meeting. Some sentiment was expressed that the council reconsider their decision because members felt that the Planning Commission should be free to decide when a situation calls for it and that they should not be "locked in" a position by this resolution. No formal motion was made. J. Brecke moved, V. Watten seconded, to approve the minutes of July 8th as submitted. Motion carried unanimously. Meeting was adjourned. Respectfully submitted, Shirley J. Rice, Secy. . SHOREWOOD MEMO: DATE: 8/2/76 Planning Commission It's August already. And we have a Public Hearing coming up on August 12th. Terry Duggan would like to have a Public Hearing on his rezoning request for the southwestern corner of the intersection of Christmas Lake Road and Highway 7. Notices have been sent out. The request is to rezone it from R-3 to C-2. Enclosed is the updated packet; however, the engineer's report and attorney's report are not back in the office so I'll have to forward that later. .So far, this is the only item on the agenda! . . LEGAL NOTICE . Notice of Public Hearing Notice is hereby given that the Planning Commission for the City of Shorewood will hold a public hearing under and pursuant to the Shorewood Zoning Ordinance (No. 77) on the request of Terry Duggan, to change the zoning classification of the parcel of property hereinafter des- cribed, from its present zoning (R-3), to a zoning classification of C-2 (commercial): Lot 145, Auditor's Subdivision 120 (2.92 acres) The property is located in the southwest corner of the intersection of Highway 7 and Christmas Lake Road, located in the N. l of Sec. 35, T. 117, R.23. . The hearing will be held in the Minnewashta Elementary School at 26350 Smithtown Road, City of Shorewood, at 7:30 p.m., on Thursday, August 12, 1976. Written and oral positions will be accepted and the Planning Commission will hear all persons desiring to be heard. ~.~' Elsa Wil tsey ~i Clerk - Administrator City of Shorewood To be published: July 28, 1976 .~ Sun Newspapers . . . LEGAL NOTICE NoticeofPublie Hearing Notice is hereby given that the Plan;ning Commission for the City of Shorewood will hold a public hearing under and pursuant to the Shorewood Zoning Ordinance (No. 77) on the req~est of Terry O~ggan, toch:ange the zoning classification of the parcel of property hereinafter des.... cribed, from its present zoning (R-3), to a zoning classification of C-2 (commercial): Lo t 145, Auditor '$ Subdi visto n 120 (2; 92 acres) The property is located the southwest corner of the intersection of Highway 7 and Christmas Lake Road. The hearing will be held in the Mi nnewash ta Ele mentary School at 26350 Smlthtown Road, City of Shorewbod, at 7:30p.m., on Thursday, August 12, 1976. Written and oral positions will ;be.accep:ted and the PIa nni ng CommisslQ n wi 11 hear all perso os deslri ng to be heard. ~~. ........ is'~ Wiltsey ..~ C 1 er k - Adm i n i s t r a to r City of Shorewood .,. To be published: July 28, 1976 Sun Newspapers This notice is sent to .. a,llp.ropert Lot 145. See other side for list. 1976 tax records, plat map and city owners wi thin 3QOfeet of Names were found in the directory. S. Rice Albert Reynolds, Christmas Lake Association, 5950. Ridge Rd. Frank Davidson, 848 Third Avenue S. A. Wintheiser, 850 Third Avenue Allen Briggs, 5710. Christmas Lake Road Dan R. Buckman, 5730. Christmas Lake Road Dr. Paul Ellwood, Interstudy, 5655 Christmas Lake Point ~lter Pree, 5750. Christmas Lake Road George R. Noren, 5760. Christmas Lake Road Don Hawkinson, 21265 Radisson Inn Road Jack Ellott, 21235 Radisson Inn Road Jack Plehal, 610.5 Baker Road Audrey Johnson, City Clerk, City of Greenwood Roy Swenson, City Manager, City of Excelsior Terry Duggan, Tonka Auto and Body Supply . . . .' Notices sent to: 20575 Manor Road; Melvin Cole 20585 Manor Road, Thomas Heitzman 20425 Manor Road, Jerome Zaske 20375 Manor Road, Thomas Doherty 20445 Manor Road, Leroy Newbold 20465 M~anor Road, Charles Babcock 20485 Manor Road, Lowell Frost 20515 Manor Road, Kenneth Johnson 20525 Manor Road, Loren Nelson 20555 Manor Road, Edward Hasek 20615 Manor Road, Stanley Vosmek 20295 Manor Road, James V. Beal '. 20050 Excelsior Blvd. Bredesen, Jo1m 20090 Excelsior Blvd. Lyons, W. H. 20095 Excelsior Blvd. Cirspinski, stanley 20115 Excelsior Blvd. Amidon, Peter 20145 Excelsior Blvd. Jakel,Donald 20185 Excelsior Blvd. Sennesj Donald 20270 Excelsior Blvd. Kellogg, Terry 20325 Excelsior Blvd. Koerting, Kurt 20350 Excelsior Blvd. Mullen, J. P. 20370 Excelsior Blvd. Bormes, Richard 5385 st. Albans Bay Rd. Rodde, Tom 5285 St. Albans Bay Rd. Dietz, A. H. 5315 st. Albans Bay Rd. Wiltsey, Donald . . . . PLANNING COMMISSION CITY OF SHOREWOOD September 9, 1976 MINUTES The regular meeting of the Shorewood Planning Commission was held on September 9, 1976, at Minnewashta Elementary School at 7:30 p.m. Present were Presiding Chairman J. Miller; Commission members J. Brecke, J. Cole, S. Larson, F. Reese, K. Stover; Council member Jan Haugen; City Attorney Kelly and City Engineer Norton. Jerry Brecke moved, Jane Cole seconded, the approval of the minutes of August 12, 1976, as submitted. Motion carried. REZONING LOT 145, AUD. SUB. 120 (Christmas Lake Road and Highway 7) The first item on the agenda was a decision on Terry Duggan's re- quest to rezone the three acre parcel (Plat 34400, Parcel 2500) at the intersection of Highway 7 and Christmas Lake Road. Jane Cole moved, Steve Larson seconded, the recommendation to the City Council that they deny the request of Terry Duggan to change the zoning on that property, based on the fact that it would be spot zoning and that there is no good reason fro rezoning it from R-3 to C-2. Motion unanimously carried. COUNCIL, PLEASE NOTE: Planning Commission comment: was not a proper change for this property but there believe that the present zoning may not ultimately for this site. The proposed use is reason to be the best use PUBLIC HEARING-DEIKEL REQUEST FOR SUBDIVISION, BAY PARK ADDITION Chairman Miller opened the Public Hearing at 8:00 p.m. Ron Haskvitz, attorney for Ted Deikel, explained the preliminary plat of the subdivision proposal for the property at 27960-27964 Smithtown Road and commented on the concerns noted in the engineer's report. Explaining that the cul-de-sac serves only two lots and that consultation with the engineer indicates that a hundred feet diameter for the cul-de-sac is adequate for snow plowing, Mr. Haskvitz requests a variance from 120' to 100'. Further, the wetlands area located in Block 1, Lot 1, is small enough in square footage so that subtracting it, there is more than adquate square footage left in this lot. The Public Hearing was opened for comments from the audience. Ques- tions concerning lake rights for the lots and possibility of multi- ple docks were raised. Mr. Haskvitz commented there are no plans yet, but there could be a pedestrian easement only to lake, which would have to be negotiated by the buyer with the owner. City Engineer and Attorney commented on their reports. Hearing closed at 8:40 p.m. . . . Shorewood Planning Commission Minutes - 9/9/76-page 2 Frank Reese moved, Jane Cole seconded, to recommend to the council the approval of the Bay Park subdivision subject to the following provisions: 1. Utility easements shall be shown as per the ordinance requireme nts. 2. Wetlands on Lot 1, Block 2, shall be shown, sized and amount of net area left over. 3. Block and parcel numbers shall be placed in clockwise manner as indicated on engineer's report. 4. Council shall receive written statement on this plat from the Minnehaha Creek Watershed District before acting on it. 5. A variance of 20' on the cuI de sac diameter from 120' to 100' shall be granted. 6. Developer shall add additional sewer lines to service Lots 2, 3, 4, of Block 1 (as prese ntly show n). 7. Variances on the front and side yard set backs for the easterly garage on Lot 1, Block 2 and a side yard building set back and utility easement on the building on Lot 2, Block 2 be granted. Motion carried unanimously. PUBLIC HEARING - PROPOSED SUBDIVISION OF BOULDER BRIDGE FARM- Smithtown Bay Road and Howard's Point Road Dick Larson of Larson Associates presented a subdivision proposal for the Boulder Bridge Farm on behalf of Tom Wartman and Mr. and Mrs. Duane Little. They propose to develop the Farm in stages, seek- ing preliminary approval for the whole plat, but final approval only for Phase 1. The Minnehaha Creek Watershed District, the L. M. C. D., the Department of Natural REsources, and the Corps of Engineers had been consulted about this property (but no written reports were sub- mitted). They propose a security type neighborhood with private roads (similar to North Oaks in Ramsey County) and residents would be required to join a home owners' association, which would exercise architectural control of homes to be built. All lots have more than adequate square footage and all attempts were made to keep existing topographical features intact. Meeting was opened for public discussion. Dick and Ann Leavenworth, Stan Morgan, Milt Bruflodt, Bob Dunn, Frank Wurms, John Baird, Dean Spatz, Jack Chandler, Don Rippel, John Adams, Kay Skramstad and Jim Heiland were present and asked questions and commented on the plans. Repeated concerns were expressed for the high density use of the 250' lakeshore lot and for leaving existing natural features in tact. Mr. Kelly, city attorney, commented in a preliminary plat proposal of this sort only the subdivision is considered. The authorization for proposed dockage is a separate item and the location and number of docks can only be approved by a 4/5's vote of the Council in a separa te ac tio n. Jim Norton, engineer, reviewed his comments on the plat. . . . Shorewood Planning Commission Minutes - 9/9/76-page 3 Mr. Kelly also advised the commission that the proposal as presented at this hearing comes under the PURD ordinance, rather than a straight subdivision proposal in a residential zone for the following reaso ns : The plan calls for private streets (private streets are not allowed in subdivision); developing the whole area in a pre- liminary proposal, but specifically in stages; seeking authority to put in their own utilities a little at a time; formation of homeowners' association; ownership of common areas. Approval of such a PURD would require that the entire proposal be submitted in writing and be available for examination and there would have to be the filing of performance bonds so that in fact the stages that are suggested by the developer are met and that plans will be co mple ted . Mr. Larson responded that they feel this is a subdivision request under Shorewood's ordinances and they do not want to get into a zoning change request which would be required if they proposed a PURD. The Public Hearing was closed at 10:05 p.m. The Planning Commission request that the City staff and developer should more clearly define what proposal the Planning Commission shall consider and that all required materials and reports be filed in time for the Commission to study them. (Jane Cole demurred.) Jane Cole moved, Jerry Brecke seconded, to table this proposal until such time as professional reports are presented answering questions and comments raised at the Public Hearing of September 9, 1976. Motion carried unanimously. Jerry Brecke questioned the scheduling of the hearing when informa- tion was not adequate. Mr. Larson originally intended to ask for an informal hearing but understood at a late date that it had to be a Public Hearing. The Subdivision Ordinance does not require an informal hearing -- only a request for conditional use permit. Jerry Brecke mo ved, Ja ne Co Ie seco nded, to adjo ur n the mee ti ng . Motion carried unanimously. Respectfully submitted, Shirley Rice, Secretary . . . QSUN NEWSPAPERS AFFIDAVIT OF PUBLICATION LAKE MINNETONKA SUN 350-2nd Street Excelsior, Minnesota State of Minnesota County of Hennepin } as. J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Lake Minnetonka Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve Carver County and the Cities of Excelsior, Deephaven, Shorewood, Greenwood, Woodland, Mound, Spring Park, Mlnnetonka Beach, Wayzata, Long Lake, Orono, Plymouth and that portion of Minnetonka serving School District No. 276 In the County of Hennepin and it has its known office of issue in the Village of Excelsior in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January I, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. Notice of Public Hearing He further states on oath that the printerl hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one "uccessive weeks; that it was first so published on Wed 2$ . 19-19 thE' day of August and was thereafter printed and published on every to and including tb.. day of , 19_ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowTedged as being the size and kind of type used in the composition and publication of said notice, to-wit: ''''''''h'k1=''''",W~~ ~ ~.V 2$ day of August .19~ Subscribed and sworn to before me thi" .^^^^^^^^^"-^AA^^^^^^MMAMMAMMA. <I ANNE M. WALLIN \. NOTAKl .ii,~NESOT~ , \) xVVVV\IINVVWVVWVVVVVWVWW . . . SHOREWOOD MEMO: To property owners located within 300' of the attached described property. 8/30/76 Minn The above described ptoperty c0n- tains 8.0 ocres, and is within !he Resi- dential (R-ll Zone. The hearing wiU be held in the Minnewashta Elemen- tary SdJool, located at 26350 Sll?ith- town woo4.at8:OO p.m. .tlD1ber 9tb,. 1m. WSitionswill be accepted and planning COOl- mi!lSiOl\ will hear all p~ desiring to be heard. El&\ WILTSEY Clerk-Admhltstrator (Aug. 2!i, 1976J-LAKE See other side for list of names and addresses of property owners this notice was sent to. 27920 Smithtown 27930 Smith town 27940 Smithtown 27950 Smithtown 27960 Smi thtown 27964 Smi th town 27970 Smithtown 27980 Smlthtown 27990 Smlthtown S. BAdger G. Peterson E. S mi th J. Latterner Ted Oeikel Ted deikel H. Hayden G. Nye F. Fox . .. Tom Wartman l56l2 Highway 7, Mtka 28215 Boulder Circle R. Sampson 28125 Boulder Circle M. Bruflodt City Clerk, City of Victoria . . SHOREWOOD MEMO: To property owners located within 300' of the attached des- cribed property. 8/30/76 See the other side for names and addresses of property owners to whom this notice was sent. . D. R. D. R. R. M. T . D. F . G. H. T . J. E. G. _S. N. L. H. T. P. W. P. O. J. Spatz Merz Little Ohrbeck Sampson Bruflodt Wartman' Larson Fox Nye Hayden Deikel Latterner Smith Peterson BAdger Messick 28235 Boulder Circle 28245 Boulder Circle 28265 Boulder Circle 28225 Boulder Circle 28215 Boulder Circle 28125 Boulder Circle 15612 Highway 7 15612 Highway 7 27990 Smithtown 27980 Smithtown 27970 Smithtown 27960 Smi thtown 27950 Smi thtown 27940 Smithtown 27930 Smi thtown 27920 Smithtown 27910 Smithtown Gregerson 5735 Howard Point Carlson 27420 Blue Ridge Lane Schoenecker 27225 Smithtown Rd Magee 27280 Smithtown Anderson 5785 Howards Point Wartman 5755 Howards Point Bentz 27340 Blue Ridge Ldane Simon 5990 Lake Virginia Dr . Dr. R. Leavenworth 28070 Woodside . C. Holmberg 28090 Woodside W. Galis 28100 Woodside R. Kerber 28110 Woodside J. Cunningham 28170 Woodside M. Seqal 28180 Woodside J. Chandler 28200 Woodside J. Baird 28210 Woodside R. Dunn 28220 Woodside R. W. Leslie 5957 Fairwood Lane, Mtka R. Thompson 5810 Howards Point V. Sikorski 5815 Howards Point R. Brinkman 5845 Howards Point . " .... '"" ..- 27920 Smithtown 27930 Smithtown 27940 Smithtown -21950 Smitl1town 27960 Smithtown 2796.4 Smi thtown 27970 Smi thtown 27980 Smithtown 27990 SIIli th tow n S. BAdger G. Peterson E. 5 mi th J. La t ter net Ted Deikel Ted deikel H. Hayden G. Nye F. Fox Tom Wartman 15612 Hi ghway 7, Mtka 28215 Boulder Circle R. Sampso n 28125 Boulder Circle M. Bruflodt Ci tyCl erk, City of \lie tor i a ~ -~, --....... . . . . . QSUN NEWSPAPERS AFFIDAVIT OF PUBLICA liON LAKE MINNETONKA SUN 350-2nd Street Excelsior, Minnesota State of Minnesota County of Hennepin } ss. J. R. RITCHAY. being duly sworn. on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Lake Minnetonka Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents. plate matter and advertisements. (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% ~f its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve Carver County and the Cities of Excelsior, Deephaven, Shorewood, Greenwood, Woodland, Mound. Spring Park, Minnetonka Beach. Wayzata, Long Lake, Orono, Plymouth and that portion of Minnetonka serving School District No. 276 in the County of Hennepin and it has its known office of issue in the Village of Excelsior in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person. corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January I, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State. and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. Notice of Public Hearing He further states on oath that the printetl hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one ~uccessive weeks; that it was first so published ol'l Wed 25 .19~ the day of Auaust and was thereafter printed and published on every to and including thp day of , 19_ and that the following is a printed copy of the lower case alphabet from A. to Z. both inclusive, and is hereby acknOWledged as being the size and kind of type used in the composition and pUblication of said notice. to-wit: '_'''jkl="""~~,, Pi',//.;.-./ ~~ Subscribed and sworn to before me tru" 25 , 19 16 day of August My (;omm. Expires June 17. B82 .vvvvvwvvvvvvvvvwvvvvvvv . PLANNING COMMISSION CITY OF SHOREWOOD October 14, 1976 ~ The regular meeting of the Shorewood Planning Commission was held on October 14, 1976, at Minnewashta Elementary School at 7:30 p.m. Present were Presiding Chairman J. Miller; Commission members J. Brecke, J. Cole, K. Stover, V. Watten; and Council member Jan Haugen. Jerry Brecke moved, Vern Watten seconded, the approval of the minutes of September 9, 1976, as submitted. Motion carried. A resolution to the Shorewood council concerning the Mayor's feel- ings about a liaison (representing the South Shore cities) to Metro Council was discussed. No action taken. Vern Watten moved, Jerry Brecke seconded a motion to write a letter of inquiry to South Shore cities to explore the idea of hiring a common planner to work on Comprehensive Land Use Plan. Motion carried. Jerome Miller will write the letter. Jerome Miller will also check to see how Edina purchased housing to qualify for "low-income housing." Motion to write letter amended: Send letters to planning commissions of Tonka Bay, Excelsior, Greenwood and Deephaven. Vern Watten presented packet of letters of Minneapolis Planning Com- mission and urged Shorewood's interest in a similar approach. ~ A discussion of the need for a planner to assist in the preparation of a Comprehensive Land Use Plan resulted in the decision to: 1. Write a letter to Planners. asking for their resumes and backgrounds and fees. (Vern Watten will write the letter and receive the replies to compare information. 2. Vern will present the letter to the Planning Commission for consideration. 3. Vern Watten and Frank Reese will interview applicants. Vern Watten moved, Jane Cole seconded, to adjourn the meeting. Motion carried. Respectfully submitted, Kristi Stover, Acting Secretary . SHOREWOOD MEMO: Planning Commission DATE: 10/12/76 Heeling: Thul'sday, October 14, 1976 7:30 p.m. Minnewashta School Agenda: Preliminary discussion of the Comprehe nsive La nd Use PIa n -- . ~ PLANNING COMMISSION CITY OF SHOREWOOD November 8, 1976 . The regular meeting of the Shorewood Planning Commission was held November 8, 1976, at Minnewashta Elementary School, Jerome Miller, Chairman, presiding. Present were J. Brecke, J. Miller, F. Reese, K. Stover and Councilwoman Jan Haugen, with Steve Larson, Jane Cole and Vern Watten arriving later. J. Brecke moved, K. Stover seconded, to adopt the minutes of October 14th as sub- mitted. Motion carried. PUBLIC HEARING-RUHL BOE SUBDIVISION REQUEST-22340 Bracketts Road (Wheeler's Outlots Lot 5 plat 35580 Parcel 4000) , , J. Miller indicated that a copy of the legal notice, certification of publication, list of property owners to whom public notice was sent, attorney's and engineer's reports are on file at the city hall. J. Miller commented that the attorney's and engineer's report indicated that there is no public access to this property--Brackett's Road being a private road and not a legal right of way and therefore this property could not be legally subdivided. Mr. Boe was informed that he should negotiate with property owners along Bracketts Road in an effort to make it a legal public right of way, as well as making sure that he provides the Planning Commission with information missing from his sub- division request. The matter was tabled until such time as he complies with these requirements. . INFORMAL DISCUSSION - NORMAN HANSON'S REQUEST FOR SUBDIVISION OF PROPERTY AT 5760 EUREKA ROAD (Plat 34960 Parcels 0550, 1000, 1500) Mr. Hansen explained the details of the negotiated property trade-off and combina- tion/division involving Lot 1 (Eureka) belonging to C. Brown and Lots 2 and 3 (parcels 1000, 1500) (Eureka) belonging to him. The north portion of Lot 2, owned by Mr. Hanson, bordering on Smithtown Road and containing approximate!y 22,310 square feet, would be traded to Mr. Brown for his easterly portion of Lot 1 (Parcel (Parcel 0550) containing 25,795 square feet. Then Mr. Hanson would like to divide this new arrangement of property facing Eureka Road into three parcels: Parcel A containing 38,482 square feet; Parcel B containing 39,798 square feetr and Parcel C containing 39,933 square feet. Because this is in an R-l zone, a variance from the requirement would need to be granted. Mr. Hanson submitted a petition signed by his neighbors indicating that they have no objections to the granting of this variance. . An informal poll of the Planning Commission members indicated their approval of this rearrangement of properties and they recommended that since he had the neighbors' approval of the division that he could go directly to the council for its approval. Reasons for recommending this division are as follows: 1) this exchange and combination of land is an improvement in lot arrangement. 2) the property is adjacent to an R-2 zone. 3) this new lot arrangement will give Mr. Brown frontage on Smithtown Road where he formerly had only an easement. 4) Mr. Hanson's lots now front on Eureka Road \ Planning Commission Minutes November 8, 1976 - page 2 . INFORMAL DISCUSSION NORMAN HANSON'S SUBDIVISION PROPOSAL (contd.) It was noted by Steve Larson that in approving this property re-arrangement where an allocation is made to an already existing piece of property and yet the total acreage of that parcel comes to less than required square footage, that it is considered to be a better arrangement of the land and it should not be considered a precedent to be followed. INFORMAL DISCUSSION - BOULDER BRIDGE FARM PURD PROPOSAL - 28120 Smithtown Bay Road Dick Larson of Larson Associates presented a proposal for the Boulder Bridge Farm area on and Thomas Wartman, developers. planned Unit Residential Development behalf of Mr. and Mrs. Duane Little They propose a four-phase development, timed to take place about a year apart-- depending on how well the lots sell and the project goes. The Outlot would be a common area owned by a neighborhood association. In this commons area, there would be dockage for boats--one slip for each property owner (46 lots). Purchase of phase 1 (7 lots) is negotiated and will be completed upon approval of this proposal. (Upon being questioned about approval of docks and the PURD, the city attorney stated that the use of a common area including the construction of docks, the number of docks, access to dockage area, etc., would be a part of a PURD con- tract and such contract would have to be approved by a 4/5's vote of the Council.) Mr. Larson indicated that the lake access for each lot is very significant. It is doubtful if lots without lake access could be sold for high enough price to . make the project economically feasible. In response to several inquiries from Planning Commission members, the developers indicated that they do not favor cluster housing for this property as they feel the Shorewood community prefers separate lots of significant acreage. They may seek to do some dredging of the channel area into the lagoon; they may need a variance on the width of one road because it is lined with mature maples they wish to save; their consultation with the LMCD indicates they (LMCD) would have no objection to this dockage arrangement (this is not in writing); water for phase 1 would be provided from an existing large well on the property. They will need a community system for the whole development. plans for sewer for the first phase are running a sewer lateral from Smithtown Bay Road. Feasibility studies for the remaining phases has not yet been done. Planning Commission members and members of the audience continue to express con- cern over this proposed "extraordinary" use of the lake. Mr. Larson was advised that every detail of each phase will have to be completed before the Public Hear- ing is scheduled. Mr. Miller urged Mr. Larson to consult with the city engineer and city attorney in ample time so that all information would be available to the Planning Commission in time for them to become fully acquainted with the propo- sal. . Mr. Larson commented that he and the developers were desirous of hearing any fur- ther constructive comments, ideas or questions from the planning commission and neighbors in order to guide them in their decisions. The informal discussion was closed. . . . Planning Commission Minutes November 8, 1976 - page 3 Frank Reese and Vern Watten were instructed to formulate the letter to the planners and send it to the planners of their choice. The Planning Commission made informal plans to attend the Land planning Act Seminar put on by the Metropolitan Council in Medina or Shakopee in early December. Meeting was adjourned. Respectfully submitted, SHIRLEY RICE, Secretary . . SHOREWOOD MEMO: To Shorewood property DATE: 11/8 1976 owners within 500' of the property described below Property owners listed on reverse side Notice sent to following property owners: 22520 Murray Street Orla Anderson ~ 22490 Murray Street H~rold Anderson 22470 Murray Street George Dongoske 22450 Murray Street Robet Rudh 22410 Murray Street Fred Rogers 223~0 Murray Street Archie Glaser 22375 Murray Street John F.Flesher 22320 Murray Street Roger C. Anderson 22150 Bracketts Rd. 22120 Bracketts Rd. 22090 Bracketts Rd. Robert Jameston R. G. Hoban James Pederson 680 Mill Street St. John's Baptist Ch. . 350-2nd Street Excelsior, Minnesota QSUN NEWSPAPERS AFFIDAVIT OF PUBLICATION LAKE MINNETONKA SUN: of MinneSOta County of Hennepin $S. J. R. RITCHAY,being duly sworn. on oath says he is and during all times here stated has been the vice president' and printer of the newspaper known as 'fhe Lake MinnNonka Sun and has full knowledgE: of the facts herein stated asfolJows: (1) Said newspa.t:ier is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said. newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not whOlly duplicate. any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated In and near the muniCipalities which it purports to serve, has at least 500 copies' regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to serve Carver County and the Cities of Excelsior, Deephaven, Shorewood, Greenwood, Woodland, Mound, Spring Park, Minnetonka Beach, Wayzata, Long Lake, Orono, Plymouth and that portion of Minnetonka serving School DistriCt No. 276 in the County of Hennepin and it has its known offiCe of issue in the Village' of ExcelSior in said county, established and open during its regular business hours for the gathering of news" sale of ,advertisements and sale of subscriptions and . maintained by the. managing officer of said newspaper or persons in its employ and subjeCt to his direction and control during all such regUlar business hours and devoted exclusively during such business hours to the business of the newspaper and business related thereto. (6) Said . newspaper files a copy of each issue immediately with the State Historical Society. (1) Said newspaper is. madeavililable atsillgle or subscription prices to any person, corporation, partnership or other unincorporated association. requesting the newspaper and making the applicable pa:l'ment. (8) Said newspaper has cop1Plied with all foregoing conditions for at least one. year preceding the day or dates of ,pUblication mentioned below. (9) Said newspaper has filed with the Secretary of State of'. Minnesota prior to January I, 1966 and each January 1 thereafter an affidavit in the form prescribed .by,' the Sec.~etary of State and signed by the managing officer of said newspaper and sworn to before a n@tar~' pUblic stating that the newspaper is a legal newspaper. . He further states on oath that the printed Notice of: Public Hearing hereto attached as a part hereof was cut fr.om the columns of said nbwspapei', and was printed . , 19.22 and published therein in the English language, once each week. for' one ~uccessive weeks; that it was first so published 01' We d the '3 day Of iNovember , 19.26. . and was thereafter printed and published on every to and includip.g the day Q-f of the lower case alphabet from the size and kind of type used in , 19_ lclnd that the following is a printed copy A to Z. both inclusive, and is hereby acknowledged as being' the composition and publication of said notice, to-wit: abcdefghij klmnopqrstuvwxyz r ~ . ~..' .....' ~I'....~ F' . . . Subscribed and sworn to before me thi~ 3 day of ~.~ . ~ . 18. t.. 1I0TA~.~. P:t~..~. Mill. ~~OTA .' . HENNEPIN COUNTY My Comm. ExpireS July 28. 1978 .. . . . SHOREWOOD MEMO: To the Park Commission DATE: 12/2/76 and Planning Commission Attached is a notice of a public hearing on proposed projects for a HUD grant. We are seeking help from all of you to see that interested people will be in attendance at these hearings and that a variety of projects be proposed for consideration. Note that the hearing will be held at 7:00 p.m. (before the council meeting) and that it will be held December 13th and 27th. Obviously there will be projects for parks, trails, land planning, etc. Is anybody interested in the arts? Could we fund the Minneapolis Symphony for a Commons concert or a traveling theater troupe, or if we want to get into a really controversial area-- how about a public sculpture? ~ . . . ITEM NO. 6 Agenda 11/;2/76 Owner and Applicant - Norman Hanson - Lots 2 and 3 and part of Lot 1 Eure~a Plat 34960 Parcels 1000 and 1500 He appear~d informally before th~ plannfng commiS$ion~at their mee~ing held on November 18 and they informally;appr9vedthedivisions and agree,d with me that this could be treated as a, simple division rather than follow all the requirements for a Subdivision. They felt that the exchange and pDoposed combination of the land in que~tion was an improvement over the present lot arrangement. Their prime concern was; that this approval not set a precedent in granting the lot si~e variances. The following should be considered: 1) Mr. Hanson has presented a petition signed by the surrounding property owners in favor of the division 2) the property in question is adjacent to the R-2 zone and commercial property at tureka 3) the new lot arrangement for Brown (parcel 0550) will give this parcel frontage oniSmithtown Road previously served by an easement 4) 5) All lots now front onaipublic road Property has been assessed two sewer units - one additional sewer unit will then beidue 6) Two units of $250 each Will be due (Park Capital Improveme~t) Mr. Hanson intends to build on the nort.t"1 lot'and has a purchase agreement on his existing house. He is quite anxious to get approval as he has to start building yet this fall in order to sell his home. Elsa . . . Shorewood Planning Commission Minutes - December 9, 1976 The December 9th meeting of the Shorewood Planning Commission was held at Minnewashta Elementary School at 7:30 p.m., Jerome Miller, presiding. Commission members present were: J. Brecke, J. Cole, F. Reese, K. Stover and V. Watten. By motion the minutes of the November 8th, 1976, meeting as submitted were approved unanimously. Mark Taggatz of 6705 Apple Road, Shorewood, appeared before the planning commis- sion to solicit opinions regarding the division of his property into two parcels. (R. L. s. 463, Parcel B) Such a division would result in lots of less square footage than the zoning calls for. His property is in an R-l zone, right across the street from an R-2 zone. The commission members asked Mr. Taggatz to survey his neighbors and the owner of the property next door (Mr. Garaghty) regarding their feelings about dividing lots into parcels of less than 40,000 square feet. Mr. John McCartney, owner of the property at Highway 7 and Christmas Lake Road, which Mr. Terry Duggan was earlier denied a rezoning for, requested opinions from the commission as to what use might be approved of for that property. He was advised that the sentiments of the planning commission and residents in the area would be to try to prevent any further heavy commercial use of that side of High- way 7. Suggested uses: clinics, senior citizen center, oivic center, quiet busi- nesses, well designed multiple housing. He was urged to reject any uses that would create heavy traffic and use in and out of the property. Vern Watten agreed to serve as chairman of the commission for the year 1977. Sample letter to planners re proposal to devise a Comprehensive Land Use Plan for Shorewood was approved for mailing to the following planners: Brauer and Associates; Design Planning Assooiates; Hodne Stageberg Partners, Inc.; Howard Dahlgren Asso- ciates; Nidwest Planning and Research, Inc.; Urban Planning and Design, Inc.,; Wehrman Chapman Associates, Inc. Kristi Stover and Jane Cole agreed to make arrangements for the joint South Shore Planning Commission quarterly meeting soheduled for January. Upon motion the meeting was adjourned. Respectfully submitted, Shirley J. Rice, Secretary