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1986 pl mn . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 7, 1986 COUNCrl CHAMBERS 5755 CpUNTRY CLUB ROAD 7:30 lM. I I M I NUT E S CALL TO ORDER Chair Leslie called the meeting to order at 7:32 P.M. Spellman Planning ROLL CALL Present: Chair Leslie; Commissioners Benson, Watten, Schultz, R (arrived 7:35 PM); Council Liaison Stover, Planner Nie Assist. Helgesen. Absent: Commissioner Mason (excused). APPROVAL OF MINUTES Schultz moved, seconded by Benson, to approve the minutes of Decem er 3, 1985 as written. Motion carried unanimously. . I I Mr. Terry O'Sullivan was present to represent his request for apprJval of a simple subdivision of his property located at 5965 Mill Street. The prop~rty contains 2.15 acres and is located in the R-1A, Single Family Residential Dtstrict. He proposes to divide the property into two lots. Mr. O'Sullivan stated that he has a problem wuth the suggestion male in the Planner~s report of a proposed common driveway serving both lots. He said t at he has seen at least five cars coming down Apple Road, across Mill Street, an ending up in his property over the past twelve years. He is afraid this will p se a safety problem in the way in which structures would need to be situated to the co mon driveway and end up being a target for cars coming from Apple Road. He said he would rather place a garage across from Apple Road instead of a house. Planner Nielsen said he sees no reason why the applicant couldn't place a garage at that p~sition. I I Commissioner Spellman stated that since the request for SUbdiViSiO~ co~plieswith all zoning requirements, regardless of the driveway access, he wou d move to . . recommend to Council approval of the subdivision, seconded by Bens n for discussion. The Commission discussed means of barricading undue access to the froperty across from Apple Road, such as landscaping, in order to improve safety c nditions. Commissioner Schultz said he would vote a. gainst the motion for app oval at this time in order to allow more time to study the safety conditions of the ccess situation. Commission Reese suggested that any motion for approval be SUbjectf' to the six recommendations bY. the Planner. Spellman amended his motion to re ommend approval of the subdivision subject to the recommendations in the Planner's re ort as listed below, seconded by Benson: 1. The applicant must submit an up-to-date title opinion for thejCity Attorney's review and approval. i 2. New legal descriptions for the two lots must be submitted for inclusion in the Council's resolution. I SIMPLE SUBDIVISION Terry O'Sullivan 8 5965 Mill Street . . Planning Commission Meeting Tuesday, January 7, 1986 page two Planner's recommendations, continued: The request should be subject to review and approval by the ijennepin County Engineer. I The applicant must provide drainage and utility easements 10lfeet on each I side of each side and rear lot line. I ! 5. Prior to release of the resolution approving the request, th1. applicant must pay the $500 park dedication fee (credit is given for t e lot with the house on it). 6. The applicant must record the division with Hennepin County f'.Uhin 30 days of his receipt of the resolution. Failure to do so will voi the City's approval. Motion to recommend approval of the subdivision, subject to the abtve listed recommendations, passed by Roll Call Vote - 4 ayes (Leslie and Sch~ltz - nay). APPOINT PLANNING COMMISSION CHAIRPERSON i Spellman moved, seconded by Schultz to recommend to Council reappointment of Chair Leslie to serve as Chairperson of the Plamdng Commission for the Yiar 1986. Motion carried unanimously. 3. 4. MATTERS FROM THE FLOOR None. REPORTS ! Council Liaison Stover reported on the following issues recently ~efore the Council: - Lot 11 is being discussed. - Council recently denied approval of a pole barn in a residential district. - Passed weight restriction ordinance. - Working on Garbage Ordinance. - Considering a parking ban during snow season. - Raised water and sewer rates to meet the costs of same. - Continued Police Department discussion and came up with a list 0 requirements by the City. - Discussed purchase of Murfin property (north of City Hall). - Organizational meeting to be held during January 13 Council meet ng to appoint commission members. ADJOURNMENT The next meeting of the Planning Commission is scheduled for Janua y 21, 1986. Wattenmoved, seconded by Benson to adjourn the meeting at 8:35 P. . Motion carried unanimously. . Respectfully submitted, Patricia Helgesen Planning Assistant . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 21, 1986 COUNC~L CHAMBERS '57'55 OUNTRY CLUB ROAD 7:30 .M. M I NUT E S CALL TO ORDER Acting-Chair Reese called the meeting tp order at 7:44 P.M. ROLL CALL Present: Acting-Chair Reese; Commissioners Mason, Watten, Schu tz; Council Liaison Stover; Planner Nielsen; and Plannin~sAssist. Helgesen. Absent: Chair Leslie, and Commissioners Spellman and Benson ( 11 excused). APPROVAL OF MINUTES Schultz moved, seconded by Watten to approve the minutes of Janua y 7, 1986 as written. Motion carried unanimously. STUDY SESSION - DISCUSSION OF STORAGE OF RECREATIONAL VEHICLES AN Planner Nielsen stated that there have been complaints received f ranging in location from Birch Bluff Road to Radisson Road regard recreational vehicles (RVs) in residential lots. For this reason the Zoning Ordinance which regulates storage of RVs in residentia to be addressed. EQUIPMENT om neighborhoods ng the parking of the section of districts needs The current inperim Zonip,g Ordinance provides that recreational v hicles and equip- went may be stored within the buildable area of the lot (Section 00.10 Subd. 3e), and allows for rear yard encroachment to a point no closer than f ve (5) feet from any lot line (Section 200.03 Subd. 3c(4)). Mr. Warren Peterson was present and stated that his 30 foot motor home is currently parked in his driveway which does not meet current setback requir ments. This is necessary because thebopography of his lot does not permit him t access the side or rear area of his lot in which there is adequate space to store it. The Commission felt that the nature of the community is partly re reational and this needs to be preserved. The granting of variances to enable resid nts to store th@~r RVs outside of the buildable area of their lot was considered, ho ever, a variance would not be proper since a person must demonstrate a hardship, n t of his own doing, in order to be applicabllie. Acti~g~Chair Reese made a suggestion to modify or ease the front single family districts in order to allow parking in driveways, n feet fooEhehstreet. Planner Nielsen added that such storage shou to reduce or obstruct required parking space. Reese also clarifi suggested exception would apply only where there is no other way within the buildable area of the lot. ard setbacks in closer than 15 d not be allowed d that his o store an RV Commissioner Schultz said tha,t perhaps any exceptions (such as a_~i5 foot front ;yard setback) not be allowed for substandard lots. Council Liaison Sf ver felt this would impose a double jeopardy for some people, placing additiona restrictions on lots because they are substandard. Planner Nielsen suggested tha any variables within the ordinance be minimized to avoid undue difficulties. H also mentioned . Planning Commission Meeting Tuesday, January 21, 1986 page two however, that the ordinance needs to be worded cautiously and spec to avoid the need for judgment calls. Commissioner Schultz offere Commission could be consulted for decision-making advice in cases calls are being challenged. The Commission recommends that the following be included as an exc interim Zoning Ordinance regulations of storage of recreational ve To allow recreational vehicles and equipment to be stored within t yard as long as they are kept in a conforming driveway and nO clos to the street. This provision would only apply when there is no 0 the vehicle or equipment within the buildable area of the lot. Al and equipment must be currently licensed and operable and cannot 0 parking space. fically so as that the here judgment ption to the icles and equipment: e required front r than 15 feet her way to store such vehicles struct required The Commission discussed the use of motor homes as temporary livinf' quarters. It was decided to recommend that occupation of parked recreational ve icles be limited to 14 days in any calendar year. No permit required. I Placing a time limit upon the storage of unlicensed and/or inopera vehicles was also discussed. It was considered to permit a limite in6perability to allow for repaiting or restoring, though it was f situation could become subject to abuse. The Commission decided t all recreational vehicles be currently licensed in the name of the at all times. . MATTERS FROM THE FLOOR . None REPORTS Council Liaison Stover reported on the following issues: - Continuation of Police Contract Agreement discussions. - Organizational appointments. - Christmas Lake Access. ADJOURNMENT Watten moved, seconded by Mason to adjourn the meeting at 9:39 P.M carried unanimously. Respectfully submitted, Patricia Helgesen Planning Assistant le recreational time of lt this recommend that current resident Motion . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 4, 1986 COUNCIL CHAMBERS 5755 CO NTRY CLUB ROAD 7:30 P. . M 1 NUT E S CALL TO ORDER Chair Leslie called the meeting to order at 7:34 P.M. ROLL CALL Present: Chair Leslie; Commissioners Reese, Benson, Watten, Sc ultz; Council Liaison Stover; Planner Nielsen; Planning Assist. Hel esen. Absent: Commissioners Spellman and Mason (excused). APPROVAL OF MINUTES Watten moved, seconded by Schultz to approve the Minutes of Janua y 21, 1986 as written. Motion carried unanimously. 7:30 PM PUBLIC HEARING - FORMAL APPLICATION FOR A COMPREHENSIVE P AN AMENDMENT AND CONCEPT STAGE APPROVAL FOR A P.U.D. Heritage Residence (First American Care Facilities, Inc.) - Property east of Riviera Lane/north of Highway 7 Mr. Jerry Mundt, architect, reviewed the highpoints of his preapp ication stage presentation, including appearance of the building and its interi r units, land- scaping, parking and driveway formation. He said the access site to the project is subject to change due to the availability of land. He also state that the developer, Mr. Ellsworth Johnson, is suggesting postponement of a proval of the project to enable him to submit additional information, in approx'mately three weeks. Public portion of the public hearing opened at 7:38 P.M. Larry Bader, Maple Grove said he is interested in the land north f the project site as he would like to build a single family home on same. He inquired as to the proposed land changes and removal of some existing diseased elm trees, and if City water was being proposed. Mr. Mundt indicated that the dead trees would be cleaned out. Planner Nielsen explained that the developer is still working out the details of extending water to the site, but that thestatt~ has sug ested the following four options: 1. The City could extend the water line and assess the cost to all benefitted property owners along the way. 2. The City could negotiate with property owners who would benefit from the improvement and assess the cost only on a voluntary basis. 3. The developer could install the improvement, negotiating with benefitting property owners to reduce his cost. 4. The developer could negotiate with other property owners to City to install the improvement and assess the cost back to tition the e petitioners. negotiate He said that the developer is planning to work with Option No. 4 with the property owners. . . . Planning Commission Meeting Tuesday, February 4, 1986 page two Planner Nielsen also said that the developer is planning to subm't more details on market studies which will include comparison data of other nonsu sidized elderly housing facilities. Mr. Bader asked if a petition for water would include other area not necessarily on the extension path. Planner Nielsen said tha proposing neighborhood meetings and would include potentially af owners. property owners the developer is ected property Gordon Schmidt - 6030 Lake Linden Dr. said he feels that connect'on to City water should be mandatory for developments. Kurt Tiech - Marilynwood lot owner questioned the proposed Mr. Mundt pointed out how traffic would have to access the Linden Drive. pattern. site via Lake Public portion of the public hearing was closed at 8:00 P.M. Camrrssidrrer Schultz asked Planner Nielsen to clarify how water se vice would be assessed, and if the proposed .85 parking space per unit would b adequate. Planner Nielsen replied that the City would need to do a water feasibili y study and work out a rate. As far as parking space is concerned, the Zoning Or inance requires one space per unit. Mr. Mundt said they are willing((to comply w'th that requirement if necessary. Commissioner Watten asked to have the water extension path clarifjied. Planner Nielsen said that currently Badger line extends east to Woo d(.Duak:CirCle.~'a long Gillette Curve. Any further extension would run from the corner of Gillette Curv and Minnetonka Drive, then across Yellowstone Trail to Lake Linden Drive and south on ake Linden Drive. The cost estimate is about $300,000. Watten asked Mr. Mundt wh~ they would do without City water and was told the project would likely be canc lied. Joe Gorecki said he had ,spoken with Ev Driskill of Driskill's su~er Valu who said the shopping center merchants would like to see City water,at th ir location. Liaison Stover pointed out that the Shopping Center is owned by yan Construction, not the store merchants. j Ccrmnssidner Watten stated concern that the 1 acre single family 1 project site within the R1-A District would become unsalable bei density housing facility. Mr:. Mundt said there is plenty of lan screening around the project site. Mr. Mundt also said the timi would propose construction to begin mid-year. ts surrounding the g next to a high with landscape g of the project Reese moved, seconded by Watten to recommend layover of further the developer provides further details, not to exceed 60 days. unanimously. onsideration until otion carried . . . Planning Commission Meeting Tuesday, February 4, 1986 page three DEVELOPMENT STAGE APPROVAL - NEAR MOUNTAIN P.U.D. Lundgren Bros. Construction - west of Vine Hill Rd/south of Covi Peter Pflaum presented the revised Development ~lan of Near Moun out the latest changes. The changes include relocation of one t north section to the south section. He also showed how they pIa the main roads at the end of one of the cul-de-sacs by means of road (Outlot C) which would be chamned off. The reason for the emergency vehicle access only. Otherwise they are maintaining a the multifamily and single-family communities wffithin the P.U.D. Comm. Schultz, Mr. Sathre said that one of the multifamily cul-d south) exits through the northeasterly single-family area (Type through the neighboring multifamily section, because of a sever otherwise have been their preference. pointed wnhouse from the to connect one of private passage onnection would be separation from In response to -sacs (townhouse ), rather than grade. This would Mr. Sathre said the City Engineer's report spoke to the grading Discussed in particular was the radius size of the private cul-d the firstephase/}townhouse section. The developer is proposing a Planner Nielsen said he will need to go over this with the Engin said they will maintain a 6% slope on the public streets. nd street design. -sac located in 60' turnaround. Mr. Sathre Planner Nielsen presented his recommendations for the developmen stage: 1. Building setbacks shown on the revised Development Plan ar acceptable, however, rear yard setbacks should be included as follows: Type A single-family (riparian) 150' Type A single-family (nonriparian) 40' Type B single-family 30' Townhouses (abutting Type A s.f.) 40' Townhouses (abutting Type B s.f.) 30' This will require that the units in the southwest corner 0 the first phase townhouse area be moved five feet to the east. 2. It is recommended that the private road have a turnaround t the end. The sketch submitted by the applicant, showing a 60'foot turna ound should be subject to review and comment by the City Engineer. 3. The setback for the end unit will be reduced from 40 to 30 feet. Given the size and depth of the single family lot to the west of it, this is not considered a problem. 4. The landscape plan shows entry signs for the Near Mountain project on Vine Hill Road and for Sawatch on Sawatch Pass. Plans for these signs must be submitted and approved by the City Council. 5. The staff is very concerned about steep slopes, particularly on the south side of the private road and along the west side of Sawatc Pass. The developer has proposed slopes with a grade of 1~:1. The E~gineer has recommended that retaining walls he constructed wherever sllpes exceed 3,1. . Planning Commission Meeting Tuesday, February 4, 1986 page four 6. Construction limits should be staked prior to start of gra ing. 7. Relative to the final plat for the first townhouse phase, 't is recommended that Outlot D be changed to A and the other outlots should be changed accordingly. The outlot for the private road should be wi ened to 50 feet. Watten moved, seconded by Benson to recommend approval of the de elopment stage subject to the above listed recommendations by the Planner as we 1 as the City Engineer's report. Motion carried unanimously. I Planner Nielsen provided a landscape site plan for the Commissio~. He said that staff felt the prpposed landscape plan was adequate, although ch~nges could be included in the Development Agreement if necessary. The Commiss~on discussed the possibility of requiring a minimum number of trees per lot. I MATTERS FROM THE FLOOR None. REPORTS Liaison Stover reported on the Christmas Lake Access issue and d'vision of the Interstudy property. . ADJOURNMENT . Leslie moved, seconded by Benson to adjourn the meeting at 10:00 P.M. Motion carried. Respectfully submitted, Patricia Helgesen Planning Assistant . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 18, 1986 COUNCI CHAMBERS 5755 CO NTRY CLUB ROAD 7:30 P. . M I NUT E S CALL TO ORDER Acting-Ch~ir Reese called the meeting to order at 7:38 P.M. ROLL CALL Present: Acting-Chair Reese; Commissioners Schultz, Benson, Watten; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioners Leslie (excused), Mason (out of town), and Spellman. APPROVAL OF MINUTES Schu!tz moved, seconded by Benson to approve the minutes of Febr ary 4, 1986 as written. Motion carried unanimously. 7:30 PM PUBLIC HEARING - SIMPLE SUBDIVISION/LOT WIDTH VARIANCE Alan Yelsey - 5485 Grant Lorenz Road Planner Nielsen explained how Mr. Yelsey has requested approval to subdivide his property located at 5485 Grant Lorenz Road into two lots. The p operty is zoned R-1A, Single-Family Residential, measures 200' x 433' and contai s approximately 86,000 square feet in area. Since the R-1A district requires lots to be 120 feet wide, the applicant has requested a lot width variance to allow idths of 100 feet. The property is currently occupied by a single-family residence nd two garage buildings. Dividing the lot into two will leave the two existin garage buildings on the northerly parcel~ and the existing house on the southerly parcel. The Zoning Ordinance requires that there be a principal dwelling on the property in order to allow accessory structures, and this will no longer be the case within the northerly lot boundaries if the division is approved. Public portion of the hearing opened at 7:40 P.M. Comm. Schultz asked Mr. Yelsey what his plans are for the two ga ages. Mr. Yelsey said he is in the process of deciding whether or not to build a ome on the new lot and thereby be able to maintain the older garage on that lot, and move the newer garage over to the southerly lot to accompany his existing home. Mr. Yelsey said he would like an extension of time, beyond the July 1, 1986 deadline as recommended in the Planner's Report, in order to decide what is ost feasible for him. Marjorie Dean, 5520 Sylvan Lane requested clarification as to wh the garages need to be removed. Planner Nielsen explained the ordinance requirem nt that accessory buildings cannot be located on a lot without a principal dwellin . Comm. Schultz asked Mr. Yelsey to point out the proposed access The applicant showed on the overhead projection how the existing across the new south lot and access the northerly lot. He said maintain this access design if or when he se~ls the south lot by Acting-Chair Reese acknowledged two letters which were received. Steve Anderson of 5525 Grant Lorenz Rd., and the other from Mr. of 5475 Grant Lorenz Rd., both of which state no objection to th o his existing house. driveway would cut e would like to means of an easement. One from Mrs. nd Mrs. J.G. Meyers proposal. . . . Planning Commission Meeting Tuesday, February 18, 1986 page two Public portion of the hearing closed at 1:50 P.M. Alexander Dean, 5520 Sylvan Lane said he wanted to state for the ecord that he and his wife also have no objection to the proposal as long as sound uilding standards are maintained, which he said Mr. Yelsey has assured him would be. Benson moved, seconded by Watten, to recommend approval of the si pIe subdivision and lot width variance subject to the Planner's recommendations a ended as follows: 1. Drainage and utility easements should be provided 10 feet rear lot line. g each side and 2. Prior to release of the Council resolution the applicant must pay a $500 park dedication fee for the newly created lot (credit is given for the lot with the existing house). 3. The applicant must provide 15 feet of road easement along Gra t Lorenz Road. 4. The two garage buildings must be removed from the northerly p rcel within one year of Council approval, unless a building permit is applied for within that time. 5. The applicant must submit a new survey and legal descriptions for the two new lots within 30 days of the Council's approval of the request. 6. The division should be recorded with the County within 30 day of his receipt of the Council resolution approving the division. Motion carried unanimously. INTERIM ZONING ORDINANCE - STUDY SESSION Lakeshore Setback Requirement - Lake Minnetonka ~ Planner Nielsen reviewed his staff report for the Commission expl ining that the new Zoning Ordinance increased the previous 50 foot setback on La e Minnetonka to 75 feet. The purpose of the change was to maintain consistency w'th the setback requirement imposed by the Minnehaha Creek Watershed District, al hough their requirement was based on unsewered property. Once the Watershed istrict discovered that Shorewood is entirely sewered they reduced their requirement to 50 feet. A 50 foot setback is consistent with State guidelines. Comm. Schultz commented that the "sight line" of some Lake Minnetorka lakeshore property would be disturbed by a 50 foot setback. Comm. Watten asked for the reason of lakeshore setbacks. Planner Nielsen explained that primarily setbacks create a filter for run~6ff to the lake, nd secondarily preserve the aesthetic character of lakeshore property. Ac~ing-Chair Reese asked if this setback was particular to Lake Nielsen affirmed this explaining that different lakes have differ e.g. Christmas Lake is classified as recreational development r~q setback, whereas Silver Lake is a natural environment class requi setback. Lake Minnetonka is classified as general development. 'nnetonka. Planner nt classifications, iring a 75 foot ing a 150 foot . . . Planning Commission Meeting Tuesday, February 18, 1986 page three Reese moved, seconded by Watten to recommend approval of the 50 f Lake Minnetonka. Motion carried unanimously. Comm. Benson comme would like to see more Commission members present when voting on although he acknowledged that there is not enough time to wait fo at the meetings. ot setback for ted that he rdinance issues, better turnout Proposed Zoning - Shady Island Planner Nielsen explained, as shown in his staff report, that r to the public hearing on the new Zoning Ordinance the zoninglclassification of h~dy Island was shown as R-IC, Single-Family Residential with 4 20,000 sq. ft. mi imum lot size. This was based upon a lot size analysis of thelarea which showed hat the median lot size for the island was 25,000 square feetl(three lots were 25,000 square feet in area, 14 were smaller and 13 were larger). lThe analysis also howed that 20 out of the 30 lots on the island were less tha~ 30,000 square fee. Despite these statistics, the zoning was changed to R-IB {30~000 sq. ft. minimu ) based largely ona petition circulated and submitted to the Gity. Schultz moved, seconded by Reese to recommend to Council approval of rezoning Shady Island to R-IC, Single-Family Residential. Motion carried nanimously. MATTERS FROM THE FLOOR None. REPORTS None. ADJOURNMENT for tle next meeting, the p~anning Commission It was decided that since there are no current ,agenda items the meeting of March 4th is cancelled. The ne*t meeting of will be held Tuesday, March 18, 1986. Benson moved, seconded by Sch~ltz to adjourn t~e meeting at 8:32 .M. Motion carried unanimously. Respectfully submitted, Patricia Helgesen Planning Assistant . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 1, 1986 COUNC L CHAMBERS 5755 OUNTRY CLUB ROAD 7:30 .M. M I NUT E S CALL TO ORDER Chair Leslie called the meeting to order at 7:36 P.M. ROLL CALL Present: Chair Leslie; Commissioners Watten, Reese, Spellman, Be son, Mason; Council Liaison Stover; Planner Nielsen; Planning Asst. Helgesen. Absent: Commissioner Schultz (excused). APPROVAL OF MINUTES Reese moved, seconded by Benson to approve the minutes of February 8, 1986 as written. Motion carried unanimously. 7:30 PUBLIC HEARING - CONDITIONAL USE PERMIT AND SETBACK VARIANCE Baylon Leiferman - 5775 Grant Lorenz Road Public portion of the hearing opened at 7:38 P.M. Mr. Leiferman was present to explain his request for a building per remove his existing garage and replace it with a room addition. He to build a new detached garage at the rear of the dxisting house. does not comply with the R-1A setbacks, any expansion or structural requires a CUP. In addition, since he would like to add a small ro northwest corner which would increase the nonconformity, he is requ variance. Public portion of the hearing closed at 7:41 P.M. wi thou it in order to also proposes ince the house alteration m onto the sting a setback comment. Planner Nielsen noted that Section 200.03 Subd. 3d of the Zoning Or inance provides for a reduced setback where adjoining property structures are close to the street than zoning requirements might otherwise allow. Therefore it would be considered consistent with the Zoning Ordinance to approve the variance. Watten moved, seconded by Spellman to recommend to Council approval of the conditional use permit and setback variance. Motion carried unanimously. SIMPLE SUBDIVISION Warren Olson - 5600 Grant Lorenz Road Mr. Olson explained that he owns approximately two acres within the Oak Ridge Estates subdivision (5600 Grant Lorenz Road) which he proposes to divide in 0 two lots. Both lots would meet the requirements of the R-1A zoning district in whi h they are located. Planner Nielsen commented that since a detailed report of this requ to the Planning Commission he wanted to report that soil tests were the wetness of the proposed easterly lot and these tests show what needed; the addresses of the lots would be off of Noble Road; a sur showing where Mr. Olson's house is located to assure that it meets and that a park dedication fee will need to be paid on the newly cr to the Council releasing a Resolution. st is not available done because of orrections are ey is needed roper setbacks; ated lot prior . . . Minutes Planning Commission Meeting Tuesday, April 1, 1986 page two Simple Subdivision - Warren Olson, continued: Reese moved, seconded by Watten to recommend to Council approval 0 the simple subdivision subject to submittal of the survey and the park dedica ion fee on the new lot. Motion carried unanimously. 8:00 PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT AREA VARIANCE Wallace King - 25620 Birch Bluff Road Public portion of the public hearing opened at 8:00 P.M. Mr. Gerald Carroll, attorney, representing Mr. Wallace King pointe out how the paved traveled surface of Birch Bluff Road strays out of its right-of-wa , which physically separates the northeast corner of the lot to the south of Mr. King's property and appears to adjoin it to Mr. King's lot. For this reason Mr. King ishes to divide it from its existing lot to the south and have it combined with his 0 n lot. Since the southerly lot is already substandard in size (9,656 square feet, n t including the street surface), and the proposed division reduced it further, Mr. King is requesting a lot area variance as well. I i Planner Nielsen said that the staff recommendation is that the Cit property containing the paved roadway, plus 10 feet along its sout to the City. In turn, any portion of the existing r.o.w. in exces vacated and conveyed to Mr. King. This would require surveying to descriptions of the new r.o.w. and for the portion of the old r.o. As stated in the Planner's report, since the recommendation of the both the applicant and the City, the City may wish to split the co Mr. Carroll said that the Kings' are agreeable to sharing the cost Public portion of the hearing closed at 8:07 P.M. require that the side, be dedicated of 50 feet be prepare legal . to be vacated. staff benefits ts with Mr. King. of the survey. Commissioner Reese said he felt it should be to the Council's desc etion as to whether the City should share the cost for the survey. Commissioner Watten asked what advantage there would be to the own rs of the south lot. Planner Nielsen responded that although the total lot area w uld be reduced, the lot would no longer be split by the road surface. Mark Harland, 5300 Eureka Road wondered if this street vacation wo ld affect the fire lane. Planner Nielsen said no, the fire lane is simply an extens~on of Eureka Road. I JO. hn Russell, whose grandparents own nearby property, said hereca~lS previous owners of the south lot having had many problems with the fact that a por ion of the lot was separated by the surface of the roadway. They felt they shoul have been able to park there, etc. , 1 Benson moved, seconded by Reese to recommend to Council approval o~ the simple subdivision, lot area variance, and vacation of the right-of-way, ~ubject to the staff recommendations including the recommendations in the Planner~ report requiring the applicant to provide an up-to-date title opinion for the south rly property prior to finalizing the ;;subdivision/street vacation process. Motion ca ried unanimously. I I - 2 - . . Minutes Planning Commission Meeting Tuesday, April 1, 1986 page three 8:15 PUBLIC HEARING - SIMPLE SUBDIVISION, CONDITIONAL USE PERMIT AN VARIANCES Meloche/Bauman - 26120/26140 Birch Bluff Road Public portion of the public hearing opened at 8:20 P.M. Mr. Leo Meloche of 26120 Birch Bluff Road explained that he would l"ke to purchase approximately 35 feet of land from his neighbor, Mr. Thomas Bauman f 26140 Birch Bluff Road. Mr. Meloche said this would allow him to build a garag on his property and also have the option of adding onto or remodeling his house in the future. Mr. Bauman is willing to convey the approximate 35 feet of his prop but is concerned about being able to build a future garage on the e house. His new garage plus Mr. Meloche's room addition and new gar a 10 foot side yard, however, the Zoning Ordinance requires 20 foot lakeshore property, therefore the applicant's have requested varia reduced setback. rty to Mr. Meloche, st side of his ge will allow for side yards for es to allow a The sites contain a total of three existing accessory structures, t 0 garages on the south ends of the properties, and a small boathouse near the lakes ore. Mr. Meloche said he is willing to remove the westerly garage immediately, but ould not want to remove the easterly garage within one year as recommended in the Planner's report. Public portion of the hearing closed at 8:29 P.M. It was ,clarified that the applicants need a simple subdivision in 0 der to relocate the lot line, a conditional use permit to develop substandard lots, and a variance for reduced side yard setbacks. Mr. Meloche said he does not want to be held to the one year limit tion of the conditional use permit and he was told that the zoning ordinance d es provide for extensions of same. Spellman moved, seconded by Watten to recommend to Council approval of the simple subdivision, conditional use permit, and setback variances, all of which pertain to both the Meloche and Bauman lots, and subject to the Planner's rec mmendations as listed below. Planner Nielsen suggested that Mr. Meloche be requi ed to remove the westerly garage within one year from the date of Council approval, and remove the easterly garage when a building permit is issued. Spellman amende his motion to reflect this. Motion carried unanimously. 1. The applicant must provide new surveys of with new legal descriptions of the lots. the Council's approval. the two newly config red lots, along This should be done ithin 30 days of 2. The applicants must submit up-to-date title opinions (within t e last 30 days) showing their control of the property. This will be subject t satisfactory review by the City Attorney. . 3. The division/combination must be recorded with Hennepin County within 30 days of the applicant's receipt of the Council resolution approving the request. - 3 - Minutes Planning Commission Meeting Tuesday, April 1, 1986 page four . Recommendations, continued: . . 4. The two southernmost garages must be removed within some reason time. It is suggested that the westerly garage be removed with the date of Council approval, and the easterly garage be remove permit is issued. The City should give serious consideration t nonconforming boat house to be removed (or moved back) as well. 5. property divisioI1should be designed so as to leave adequat Bauman's garage plus a 10 foot side setback and a 50 foot f proposed garage is not acceptable in its current location - street r.o.w. The Mr. The the ble length of n one year from when a building requiring the room for ont yard setback. 33 feet from The Commission also gave consideration to the issue of rezoning the Birch Bluff area to R-1C. Reese moved, reconded by Spellman to delay any decision 0 the rezoning issue until the Study Session meeting. Motion carried unanimously. 8:30 PUBLIC HEARING - SIMPLE SUBDIVISION, CONDITIONAL USE PERMIT AN VARIANCES Christmas Lake Association/DNR - Merry Lane Public portion of the public hearing opened at 8:46 P.M. I Planner Nielsen reviewed for the Commission a summarization of the furrent requests. As detailed in his letter to Frank Fallon, dated February 19, 1986'1 Planner Nielsen explained that a subdivision will be necessary to divide Interstudy B from Interstudy A and then legally combine B with Interstudy C. Also, the Fayfield p rcel must be combined with Interstudy A. A conditional use permit is required f r the development of a substandard lot. Finally, several variances are needed for lo area, lot depth, setbacks, etc. Scott Bracke, Landscape Architect for the DNR presented a drawing 0 access site which included landscape, bituminous road surface and Public portion of the public hearing closed at 8:53 P.M. without co Comm. Spellman questioned who would be responsible for maintenance, owned by the DNR, wouldn't they maintain it? Council Liaison Stove was her understanding that the City would maintain it to its own st of who owned it. If the access was opposed by the City, the DNR wo site and develop it w~thout any voice by the City. Mr. Fallon said have provided that the taxpayers will pay for maintenance costs, an for the capital costs. Annual estimated costs to the City include insurance, and $6,000 - $8,000 for maintenance. the plans for the rking facilities. and if it were said that it ndards regardless ld acquire the that agreements the DNR will pay bout $200 for Comm. Spellman said that he doesn't feel that the road and parking area, as proposed by the DNR, is that the DNR feels it is. 2 inch bituminousl surface of the sufficient. Mr. Fracke responded I Margaret Hottinger of Interstudy asked if they may have the optwn: f keeping the substandard buildings on the Fayfield property. Planner Nielsen sa"d that he feels strongly that these buildings be removed, although the time limit i open to discussion. Ms. Hottinger said the buildings are rental homes and they will nee some time to notify the tenants. Planner Nielsen said he would not recommend allowing the buildings to remain for longer than one year. - 4 - Minutes Planning Commission Meeting Tuesday, April 1, 1986 page five . Christmas Lake Access, continued: . 1. . 8. The Commission discussed the Planner's end:Gity'EI1gineer's in their reports, on an itemized basis. tecomme~dations as listed I I removet before January 1, The Planner's recommendations, as amended, are as follows: 1. Substandard buildings on the Fayfield property should be 1987. 2. The Fayfield property should be legally combined with the Inter tudy site. 3. The small parcel to be conveyed to Paul Ellwood must be legally combined with his property north of the access site. 4. The applicants must submit up-to-date title opinions, new survers and new legal descriptions of the reconfigured parcels. Other types of ground cover should be considered for the centertiSlandS and easterly borders of the parking area. The City should require the access road to be constructed in co pliance with the recommendation of the City Engineer. 5. 6. The City Engineer's recommendations are as follows: Traffic signs should be installed to identify the site and to r ute traffic flow on the site. A public lake access sign should be installed at he intersection of the S.T.H. 7 service road and the lake access road. 2. On site traffic should be signed to maximize boat launching mov ments and queing. 3. The typical street section,df a 2" bituminous surface over 6" of I Class 5 aggregate base is less than the Mn/DOT recommended street cross-section m~nimum. Mn/DOT recommends a bituminous surface granular equivalency of 7. The] 2" bituminous surface yields a granular equivalence of 4 to 4.5. , As presently shown on the plans, side slope construction extend~ beyond the 30 foot wide easement in conjunction with construction of the atcess road. Sod should be placed to the edge of the 2 foot aggregate Should~r where no curb exists rather than to the edge of the bituminous mat. I Due to the traffic loads which will be imposed on the shallow crrrugated metal pipe culverts, exceptional pipe bedding installation procedures should be specified, or consideration given to the installation of a reinforced conc ete pipe culvert to resist crushing. 4. 5. 6. 7. A trash rack should be installed at the upstream end of Culver o. 1, along with aprons on the other ends of the culverts. Flow lines could be shown on the bituminous parking lot plan sh et to help the contractor during construction. - 5 - Minutes Planning Commission Meeting Tuesday, April 1, 1986 page six ~ Christmas Lake Access, continued: Watten moved, seconded by Benson to recommend to Council approval 0 subdivision, conditional use permit, and variances, subject to the and City Engineer recommendations as listed above. Motion carried 5 ayes, 1 nay (Spellman). the simple ity Planner y Roll Call Vote 9:00 PUBLIC HEARING - PRELIMINARY AND FINAL PLAT Harding Acres Second Addition - Wedgewood Drive Public portion of the public hearing opened at 9:55 P.M. Planner Nielsen reminded the Commission that last year the City app oved an 18-lot preliminary plat for Harding acres. Final plat approval was given or six of the lots and they are now requesting approval of the 12-lot second phas. The drawings are consistent with the previous request and meet all zoning requir Darwin Meyers, Wedgewood Drive asked about the drainage plans. PIa pointed out that the developer is installing a pipe to drain runoff which would release it to a natural drainage flow to the wetlands t ner Nielsen to a holding pond the north. 4IIt Chuck Amlaw, Smithtown Road, wanted to know that all the lots will ~eet the 20,000 sq. ft. minimum, and also if there is planned to be a cul-de-sac frrm the south. Planner Nielsen responded that yes, all lots will be at least 20,00 sq. feet, and a cul-de-sac from the south is not planned. Public portion of the hearing closed at 10,06 P.M. I Spellman moved, seconded by Benson to recommend to Council approval of the preliminary and final plat subject to the provisions of the Subdivision Ordinan e. Motion carried unanimously. 9:15 PUBLIC HEARING - SETBACK VARIANCE David Haskins - 5472 Carrie Lane Public portion of the public hearing opened at 10:07 P.M. Mr. Haskins was present to request a setback variance to the road a~ well as the south border of his property. He explained that he had designed a house ~ccording to the preliminary plat which showed a 30 foot setback all around the lot. Planner Nielsen said that the final plat, as signed by Robert S.C. Peterson, contai ed a 35 foot setback on the east and a 50 foot setback on the south. Mr. HasKin said that alter- native designs for the house would result in having to remove addit'onal trees from the lot and would also upset the drainage pattern. Richard Gay, 5480 covington Road, said he was denied a 10 foot vari nce which he was requesting for similar reasons about one year ago. He said that if Mr. Haskin's request is approved he would like to see a condition placed which w uld prohibit removal of any vegetation from the lot. 4IIt Walt Jones, 5520 Covington Road, is also concerned about preservati n of trees and aesthetic character of the lot. He said he is pleased with Mr. Has in's site design as proposed and has no objection to the request. - 6 - Minutes Planning Commission Meeting Tuesday, April 1, 1986 page seven . Setback Variance -cDavid Haskins, continued: . . Scott R. deLambert, owner of Lot 1 submitted a letter stating appro al of the request. Public portion of the public hearing closed at 10:34 P.M. Spellman moved, seconded by Benson to recommend to Council denial 0 the setback variance. Comm. Benson said that he supports the recommendation fo denial because it is apparent that Mr. Peterson misrepresented the lot at the sale, and he feels that a house could be adequately designed within the current setbac s. Motion carried by Roll Call Vote - 6 ayes. MATTERS FROM THE FLOOR Chair Leslie read aloud a letter received from the Heritage Residen requests an additional extension of time beyond the original 60-day approved at the February 4, 1986 Planning Commission in order to co the water service situation. Reese moved, seconded by Spellman to 60-day extention. Comm. Benson said he would like to see a Market submitted prior to this additional 60-day extension. Reese amended reflect this requirement. Motion carried unanimously. e applicants which delay which was tinue to assess pprove an additional easibility Study his motion to Mr. Steve Bruce, representing Allen K. Larson of 6050 Ridge Road pr~sented for comment a proposal for a C.U.P. to allow construction of a detached garage.~. This would be the fourth. accessory building on the lot as well as exceeding the 1,000 sq. ft. maximum accessory space allowed. The Commission indicated that they would ot likely recommend approval of this proposal as it would be setting precedence. I REPORTS Council Liaison Stover reminded the Commission of the Corridor Stud meeting to be held on Wednesday, April 2, 1986 at Minnetonka High School. ADJOURNMENT The next meeting of the Planning Commission is scheduled for Tuesda , April 15, 1986 at 7:30 P.M. Commissioner Schultz has already notified staff that e will be out of town on that date. i Spellman moved, seconded by Leslie to adjourn the meeting at 10:57 ~.M. Motion carried i unanimously. Respectfully submitted, Patricia Helgesen Planning Assistant - 7 - . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 6, 1986 C UNCIL CHAMBERS 5 55 COUNTRY CLUB ROAD 7: 0 P.M. M I NUT E S CALL TO ORDER Chair Leslie called the meeting to order at 7:37 P.M. ROLL CALL Present: I Chair Leslie; Commissioners Mason, Schultz, Reese~ Spellman (arriving at 7:43 P.M.); Council Liaison Stover; 1lanner NielSen; Secretary Buckentine. Commissioners Watten (excused) and Benson. I i I Absent: APPROVAL OF MINUTES i i Planner Nielsen stated that minutes from the April 15, 1986m1eting were not available at this time. They will be available for approval 1t a future date. I 7 :30 PUBLIC HEARING - (REQUEST WITHDRAWN) SIMPLE SUBDIVISION Albert Hoops - 26675 Smithtown Road Mr. Hoops was present to explain that he owns a piece 107,190 square feet, which he proposes to divide into would meet the requirements of the R-1A district. I of proP1rty of approximately two loti. Both of the lots i Planner Nielsen reaffirmed that the proposed lots created by 1',he subdivision would more than meet the requirements of the R~lA district. Reese moved, seconded by Mason to recommend to the Council apJroval of the simple subdivision. Motion carried unanimously. 1 Nielsen informed applicant that this request would go before Jhe City Council at their meeting of May 12, 1986. I I I I of approximately 2.7 Th.s would leave approx- SIMPLE SUBDIVISION John Forss - 25380 Smithtown Road Mr. John Forss was present to explain his request to split acres of his property to the north of his existing house. imately 1.25 acres with his current house. Reese questioned and received verification on the meaning of he required 5 feet of right-of-way easement along Wedgewood Drive. Schultz moved, seconded by Reese, to grant the request subjec to the 6 items listed in the Planner's memo. 1. Any future division of the property must be done by than by metes and bounds description. platting rather . . . PLANNING COMMISSION MINUTES MAY 6, 1986 page two Recommendations, continued: 2. The applicant must submit an up-to-date (within 30 days title opinion for review and approval by the City Attorney. 3. The applicant should be required to deed five additiona feet of right-of- way easement along Wedgewood Drive. 4. Drainage and utility easements must be proveded 10 feet lalong each of the west, north, and east property lines of the parcel cont9ining the house. On the ease side, this would be in addition to the fi,vejfoot toad easement. 5. One park dedication fee ($500) must be paid prior to re ease of the Council resolution approving the division. Credit is given for the lot with the house on it. I 6. The division must be recorded within 30 days of the app icant's receipt of the resolution approving the division. 7:45 PUBLIC HEARING - SIMPLE SUBDIVISION/COMBINATION AND SETB CK VARIANCE Tom Martinetto - 21055 Ivy Lane I I Mr. Martinetto would like to propose a trade of property with ihiS neighbor to the west to gain proper buildable area for his lot. His currentot is quite low and would require considerable site alteration to make this lot b ildable. He has discussed the property trade with his neighbor and has reache an agreement. In addition to the property subdivision/combination, Mr. Martine to would also need an 11.5 foot front yard variance. No one in the audience wished to comment on the request. Public portion of the hearing closed at 7:47 P.M. , Planner Nielsen had no further information to add concerning~'hiS requ e, st. compliment Mr. Martinetto on his excellent solution to the pr blem. It not works out well for him, but also improves his neighbors prope ty as well as sibly avoiding a drainage problem for the City. I He did only pos'"- Spellman moved, seconded by Mason to recommend to the Council the requested sub- division/combination and variance be granted subject to these 4 conditions: 1. The applicant and the adjoining property owner must sub it up-to-date title opinions (within the last 30 days) for review and appro al by the City Attorney. 2. Given drainage problems in the area in question, the di ision should be sub- ject to review and approval by the City Engineer. 3. The applicant and adjoining property owner must provide drainage and utility easements, 10 feet along side and rear lot lines. On P rcel B, easements along the north and east property lines are sufficient. 4. The applicant must record the division and combination ith Hennepin County within 30 days of his receipt of the resolution approvi g the division. - 2 - PLANNING COMMISSION MAY 6, 1986 page three MINUTES . i I Simple Subdivision/Combination and Setback Variance - Tom Mar1inetto, continued Schultz asked what indication was made that the neighbor on t~e adjoining property is in favor of this request for change. I Nielsen indicated that the neighbor had also signed the appli1ation. I Motion carried unanimously. COUNCIL REPORT Council Liaison Stover updated the Commission on the fOllOWin~. subjects discussed by the Council: Approval of Near Mountain Development Agreem nt, the Police De'"- partment, Christmas Lake Access, Appointment of 2 new members to the Finance Com- mittee, Purchase of the house on Country Club Road, and COdif',cation of Ordinances. 8:00 PUBLIC HEARING - C.U.P. FOR GARAGE SPACE IN EXCESS OF lOCO SQUARE FEET Richard Phelps - 27420 Blue Ridge Lane Mr. Phelps was present to state his request to build needed garage space in excesS of 1000 square feet. He currently owns 6 cars, 2 snowmobiles, a motorcycle, and lawn tractor and does not have adequate space to store all of these tiems. The proposed garage would be used to house the 2 valuable collectcr cars that he owns. At this time he is renting space for these because his current storage is not large enough. . No one in the audience requested to comment on this issue. Public portion closed at 8:03 P.M. Spellman moved, seconded by Reese to recommend to Council to ~rant the conditional use permit subject to fhe four conditions of the Planner's re{:ort listed below. Schultz pointed out thfit the four situations listed are not actually conditions but requirements of th~ Zoning Ordinance since the proposed blilding does notvio- late any of them. Spellman amended his motion to restate "corditions" as "re- quirements". This amerdment was supported by seconder Reese. 1. The total area o~ accessory buildings (1296 square feet does not exceed the floor area of the first story of the principal structure (1663 square feet). 2. The total area (10 percent of I o~ accessory buildings does not exceed 4(00 square feet I tpe minimum lot size for the R-1A zoning district). 3. , i The existing andl proposed structures comply with the setbacks of the R-1A zoning district'l i . 4. The new garage w~ll have the same architectural appeararce as the existing house and garage~ I Chair Leslie asked if fny type of precedent is being set by g~anting this condi- tional use permit. Plfnner Nielsen stated that the Ordinance litself sets the prece- dent to allow larger apcessory buildings. Motion carried unarimously. I Planner Nielsen inform~d the applicant that this request woulc go before the City Council at their meetif'.g of May 1~, 1986 - 3 - I I PLANNING COMMISSION MI~UTES MAY 6, 1986 page four . INFORMAL DISCUSSION Since the Public Heari~g for Richard Phelps was finished befo~e 8:15P.M., the time scheduled for.the1next Public Hea.ring, Commissioner SChultz asked a question concerning legal notic~s. Since his property is within 500 f et of the Schafer property, he received ~ legal notice regarding that issue. H would like to have a 'lay' description of!the property location along with, or i~stead of, the legal description to more ea~. ily identify the property. Nielsen in icated the possibil- ity of attaching a Sit~ Location map to the legal notices in he future. i I : I 8:15 PUBLIC HEARING - ~.U.P. TO EXPAND A NONCONFORMING STRUCTlRE Greg Ahlm - 23360 Acadfmy Avenue. . . Planner Nielsen explai~ed how Mr. Ahlm wishes to add on to hi older home which was built at 8 feet from the Academy Avenue right of way. This makes the building a nonconforming structur~, requiring a conditional use permit. He wants to add on a second-story addition fO the back of the house. The addition will be in back of the 30 foot setback life, and will not increase the nonconforrrity of the structure. No additional commentslwere received from the floor. Public portion closed ft 8:17 P.M. I Motion made by Spellmah, and seconded by Reese to grant the c~nditional use per- mit. LeSlieqUestione~ the possibility of this addition havi g any effect on ad- joining property. Pla~ner Nielsen explained the positions of the neighbors to the east and the west and fU. ggested that the proposed addition she'uld have no adverse effects on either proprrty. Motion carried unanimously. 8:30 PUBLIC HEARING - VARIANCE TO HAVE A DOCK ON A LOT WITH NC PRINCIPAL DWELLING Donald Schafer - 23880!Smithtown Road i I Mr. Paul Larson, a reaftor representing Mr. Donald Schafer po~nted out his surprise and disappointment witlj1 the Zoning Ordinance requiring a principal dwelling on the property in order to h~ve a dock in Shorewood. He stated that the piece of property offers aP.proximately if. 5 feet of lakesh or ean.d without the availability Of. a dock, it affects the market alue of the property considerably. Mr. Larson stated that the neighbor has a doc within 5 feet of the lot line on a parcel of the same size and he "must have a 30 foot boat out there". I Reese questioned if th~dOCk was in disrepair or why and when it had been removed. Mr. Larson speculated ft could have been there for quite some time, as the house on the larger part of thelentire parcel of land looks to be at least 100 years old. He also mentioned the ~any other lots around the lake, especially by the Lafayette Club, where two parcel$ of a plot are owned by one person, one part of the property being lakeshore and th, other part inland - the two being separated by a street. He stressed the import,nce of having the dock on the lakeshore property to increase the market value and ristated that the neighbor with a similar parcel of land is allowed to have a dock~ I Planner Nielsen showed Ian illustration of the parcels of land using the overhead projector to make the ~ssue clearer for everyone, since it involves two parcels of land separated by the 4bandoned Chicago and Northwestern Railroad right-of-way. , - 4 - ~ ~ ~ PLANNING COMMISSION MINUTES MAY 6, 1986 page five Variance To Have A Dock On A Lot With No Principal Dwelling - Donald Schafer, cont. I Mike Kramer - 5425 Timber Lane - reported that a rather large on the aforementioned similar parcel of land and is owned by ner of Timber Lane and County Road 19. This illustrates a do out a principal dwelling. catamaran is docked resident on the cor- k on a property with- Mr. Larson then stated that if . along Lafayette Bay the lakeShir e property was a part of a larger parcel of land owned by one person as one lot, wh could that not apply to this land also? Nielsen clarified that the two parcels of land could never be physically joined because of the Timber Lane right-of-way and also the Railroad right-of-way, however, a protective covenant could be writtenJto legally tie the land to a particular lot with one owner. This possibility wa discussed with Attorney Froberg. Mr. Kramer spoke in favor of this because of his concern to k area residential. He would like to see the lakeshore parcel parcel to insure ownership by one person, and not have the po purchasing only the lakeshore parcel and developing it into c ep the Timber Lane ied to the larger sibility of a marina mmercial dock sites. Public portion of the hearing closed at 8:42P.M. Schultz asked for explanation and Nielsen clarified the LMCD Jrdinance No. 76. He is concerned with setting a precedence for lakeshore propertylowners to have the option of selling portions of their lakeshore for separate do k sites. The Planner explained that this could not occur unless the City approved subdivision allow- in~ it. Schultz also questioned exactly what property was fo sale at this time. If the whole large area were to be subdivided in the future, hen which of the lot owners would have rights to the lakeshore? Nielsen again sta ed that a protective or restr. ictive covenant could be written to tie the lakeShoreito one piece of prop- erty, even in the event of future subdivisions. If a transfe of thelakeshore would be requested, the City would again be involved inapproing that change. Reese asked for a history of the Schafer house and the dock a~ea. Mr. Larson stated he was not real familiar with the history, but assumed that t~e dock was installed and removed se~sonally for the past 100 years. There is eVid1nce of a former dock there because of a boat house on the site. Reese asked for a speculation of time when the dock was most recently in use. I Kramer stated that this was his 6th summer on Timber Lane and as he remembers, that area has always been overgrown with brush and weeds, and that there was never any activity there. I John Gilbertson - 450 West Lake Street - claimed there had neJer been a boat on that land for the 16 years he can remember. I Naomi Carlson used to live on Timber Lane about 8 years ago a d at that time there was a boat docked on the land because they had inquired to pu chasing it (the boat). Schultz felt the 'safe' thing to do would be to wait until th is resolved and the lake shore property is firmly attached to protective legal covenant. Leslie sees no problem with the p the small parcel of land is tied to a specific lot. issue of subdivision particular lot by oposed dock rights if - 5 - PLANNING COMMISSION MINUTES MAY 6, 1986 page six . Variance To Have A Dock On A Lot With No Principal Dwelling - Donald Schafer, cont. Reese moved, seconded by Spellman to table this request u. nt ili. rec. ommendat.ion from the Attorney on a protective covenant is obtained. Mr. Larso requested the City to approve this request subject to the Attorney's recommendat'on) to allow him to procede with the sale of the land. By Roll Call Vote, the ::Iotion to table this issue was unanimo 8:45 PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT WIDTH VARIAN Paul Kelley - 2510C Yellowstone Trail Mr. David Kelley representing Paul Kelley stated that they ha4 received no infor- mation in the mail. He is proposing to divide the approximat ly 7 acres into a 2 acre parcel with existing house and a 5 acre parcel. He has few concerns about the listed conditions for the request. At this time he would like to delay the request to a future date or reapply for the permit. Spellman moved, seconded by Reese to table this request for a period up to 60 days. Motion carried unanimously. 9:00 PUBLIC HEARING - SETBACK VARIANCE John Gilbertson - 450 West Lake Street . Mr. Gilbertson stated his request to build an attached garage and utility room on his property. He has spoken to all of his neighbors about it and received no opposi- tion from them. According to Mr. Gilbertson, the majority of his property is in Excelsior and meets the zoning requirements of Excelsior. He therefore requests the variance to be granted from the City of Shorewood. No one in the audience wished to comment on the request. Public portion of the hearing closed at 9:22 P.M. Planner Nielsen stated that because of the way the Shorewood/ xcelsior border di"" vides chis property, it relates more to Excelsior than it doe to Shorewood. Spellman moved, seconded by Reese to recommend to Council for the setback variance. Motion carried unanimously. Chair Leslie informed the ap~licant that this request would g Coulcil at their meeting of May 12, 1986. before the City 9:15 PUBLIC HEARING - SETBACK VARIANCE Jerry Brecke - 27450 Pine Bend Road Mr. Brecke explained his request to build an attached garage house. He pointed out that the proposed deck addition be at for two reasons: 1) He wishes to take advantage of the deck d area, rather than have the deck moved easterly in front of th 2) by moving to the east, there is approximately a 4~ foot dr nd a deck on to his he requested location ors in the dinette li~ing room, and p in the larldscape. . No one in the audience requested to comment further on the is ue. - 6 - ~ ~ ~ PLANNING COMMISSION MINUTES MAY 6, 1986 page seven Public Hearing - Setback Variance - Jerry Brecke,continued Public portion of the hearing closed at 9:32 P.M. Nielsen var ified the var ianceto be 11 feet into the baCkYard~:setbaCk' Lesli.e questioned the dimensions of the deck. Nielsen stated the pr posed size of the deck is 22' x 24'. This was confirmed by Mr. Brecke. Schult. stated that the proposed deck is quite large and that by reducing the size, i would reduce the amount of the variance. I 1 Brecke suggested not reducing the size of the deck for the coqvenience of barbequing and patio furniture. By reducing the deck to conform totally Iwith the 50' setback would create a rather inconvenient triangular-shaped deck. Sqhultz suggested re- ducing the size from 22' x 24' to 12' x 24'. Nielsen then co firmed that this size structure would not need a variance and would comply with the setback. Schultz suggested the possibility of treating each request (t e garage and the deck) with a separate motion. Spellman moved, seconded by Schultz to grant the variance for the garage. Motion carried unanimously by Roll Call vote. Spellman again questioned the possibility of reducing the siz with the setback. Brecke stressed that his neighbors have a than the one he is requesting. This was found to be an error since the variance Btecke was referring to is a side lot measu lot, rather than a backyard measurement. of the deck to comply arger variance (24') in understanding ement on the neighboring Spellman moved, seconded deck for the reason that comply with the setback. by Schultz to deny the request for t e variance for the it poses no hardship to reduce the s ze of the deck and Motion carried unanimously by Roll all vote. Planner Nielsen informed the applicant that this request woul go before the City Council at their meeting of May 12, 1986. ADDITIONAL COMMENTS - SIMPLE SUBDIVISION - PAUL KELLEY Mr. Scott Harris and Mr. David Denton were present in regard request of Mr. Paul Kelley. Mr. Harris asked for a clarifica notifying people in regard to these matters. Mr. Denton does is residing at the property which is the subject of the propo not receive any notification relative to this. Planner Niels planner's report and notices are mailed to the fee owner, nam this instance, and therefore Mr. Denton would not have necess notification concerning the proposed subdivision. 9:30 PUBLIC HEARING - ZONING ORDINANCE Formal Adoption Chair Leslie explained that this is a public hearing to discu the Shorewood Zoning Ordinance. Brad Nielsen went through a dated 4 May, 5 May and 15 May 1986, which summarized proposed - 7 - o the simple subdivision ion on the procedure of not have title to, but ed subdivision and did n explained that the ly Mr. Paul Kelley in rily received any s formal adoption of eries of staff reports, changes to the current . . . PLANNING COMMISSION MINUTES MAY 6, 1986 page eight Public Hearing - Zoning Ordinance - continued zoning ordinance (No. 168). The proposed changes are the res lts of detailed study sessions on several provisions of the Ordinance which were in question when the Or- ~inance was adopted on an interim basis in July of 1985. After discussing the entire list of proposed changes Chair Le the audience wished to comment on the proposed changes. Hear portion of the hearing was closed. A motion was made by Schultz, seconded by Reese to recommend Shorewood Zoning Ordinance and to reaffirm the Commission's p as drafted in the staff reports dated 4 May 1986, 5 May 1986 modified as follows: 1. Section 200.03 Subd. 2b(1) should read: "(1) No cellar, basement, garage, tent or accessory bui anytime be used as an independent residence or dwe temporarily or permanently. In residential distri vehicles or equipment may be used as temporary liv no more than fourteen (14) days in any calendar ye where an occupied residence exists. There shall b charge of sanitary waste from said vehicle or equi lie asked if anyone in ng none, the public ormal adoption of the evious recommendations I nd 15 May 1986 and ding shall at ling unit, ts recreational ng quarter~ for r on property no open dis- ment." The dock regulations established by the LMCD should be ncorporate~ into Sec- tion 200.03 Subd. 14g. The rules should refer to the n mber of bo.hs rather than slips. development by conditional usJ permit Subd. 4g and Section 200.21 Sibd.4g. I I I I 2. 3. Reference to planned unit deleted in Section 200.10 Motion carried unanimously. MATTERS FROM THE FLOOR shQuld be Reese suggested that the format. for Pla.nning Commission agend,s be modified to allow additions to the agenda at the beginning. The items would th n be discussed at the end of the regularly scheduled agenda items. ADJOURNMENT I The next meeting of the Planning Commission is scheduled for uesday, Ju*e 3, 1986 at 7:30 P.M. Schultz moved, seconded by Spellman to adjourn the meeting at 10:44 P.M. Motion carried unanimously. Respectfully submitted, Nancy Buckentine Secretary - 8 - . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 3, 1986 M I NUT E S CALL TO ORDER Chair Leslie called the meeting to order at 7:35 P.M. ROLL CALL CO NCIL CHAMBERS 57 5 COUNTRY CLUB RD 7: 0 P.M. Present: Chair Leslie; Commissioners Watten, Mason, Benson, Rees , Schultz" and Spellman (arriving at 7 :43 P.l'f.); Council Liaison Stove (arri";'ingl at 8:42 P.M.); Planner Nielsen; Se~r~tary Buckentine. Absent: None. APPROVAL OF MINUTES Minutes from the meeting of May 6, 1986 were received by the Commis ion members shortly before the current meeting. Since the Commission had no ch nce to review the minutes, approval of same was deferred. VARIANCE TO ALLOW A DOCK ON A LOT WITHOUT A PRINCIPAL DWELLING - CO TINUED FROM THE PUBLIC HEARING OF MAY 6, 1986 Donald Schafer - 23880 Smithtown Road This request was tabled at the Planning Commission meeting of May 6, 1986 in order to obtain a recommendation fromithe City Attprney regarding protect.ve covenants. Planner Nielsen said that he discussed the request with Attorney Fr berg who said that it would be sufficient to, if approved, record the Resolution ith the property and that would have the same effect as putting it into a deed restr.ction or protective covenant. Attorney Froberg provided a sample Resolution listing co ditions that would aprly, these conditions are as follows: "a) that said dock shall be used exclusively by the residents of the dwelling located on Parcel No.2, and b) that said use of the dock by the residents of the dwelling I cated on Parcel No. 2 shall continue orily so long as Parcel No. 2 and Parcel No. 1 have common ownership." Schultz questioned the options to convey the lakeshore lot with all the non-Iakeshore property. Planner Nielsen said that he bel.ieves, to be divided, the applicant would have to apply for a similar vari of this variance to tie it to a different lot. This would presumea the subdivision process. Watten moved, seconded by Benson, to recommend to Council that the granted subject to the conditions a. and b.. as listed in the sample submitted by Attorney Froberg, and that th~City Clerk be authorize Resolution with the County Recorder of Hennepin County. or a portion of were the property nce or modification ly be a part of ariance be Resolution to record this Schultz said he is interested in knowing how and where this dock is to be constructed. Planner Nielsen said the LMCD regulations place restrictions on doc size and place- ment. The motion was amended to include that approval of the varia ce also be subject to the LMCD regulations. Motion carried - 6 ayes, 1 nay (Spellman). . . 4. . MINUTES PLANNING COMMISSION MEETING TUESDAY, JUNE 3, 1986 SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE - CONTINUED FROM THE PUBL C HEARING OF MAY 6, 1986 Paul Kelley - 25100 Yellowstone Trail The public hearing was delayed from the May 6, 1986 Planning the request of the applicant in order tp better prepare. ion meeting at oximate 7.41 acr~ 5.5 acre parcel. refore requires encroaches on the Mr. Kelley proposes to divide approximately 1.86 acres from parcel of land, teaving a 50 foot strip as future access to the rea The rear parcel technically does not have adequate lot width and th a variance. Mr. Kelley plans to remove a shed on the property whic proposed northerly dividing line. Spellman moved, seconded by Reese to recommend to Council approval and lot width variance subject to the Plannet's recommendations: f the subdivision 1. Any future subdivision of the property should be done as a form I plat of the entire parcel. 2. Drainage and utility easements should be provided ~O feet along the west, north and east sides of Parcel A. 3. The applicant must provide an up-to-date (within 30 days) title~OPinion for review and approval by the City Attorney. The division must be recorded within 30 days of release of the ouncil resolution approving the request. 5. The shed located on the north side of Parcel A must be removed r moved to comply with R-1A se~back requirements. 6. The 50 foot strip leading to the rear parcel should be treated s public r.o.w. for purposes of setbacks. Anything built on Parcel A should be no closer than 50 feet 'from the east property line. 7. One park dedication fee ($500) must be paid prior to release of the resolution approving the division. Credit is given for the lot with the e isting house. Motion carried unanimously. STRUCTURE 7:45 PM PUBLIC HEARING - CONDITIONAL USE PERMIT TO EXPAND Todd Ladwig - 5985 Afton Road Public portion of the public hearing opened at 7:52 P.M. Mr. Ladwig proposes to add a 22' x 24' deck to the north side of hi located in the R-1A zoning district requiring a 50 foot setback in and side yards abutting a public street. Mr. Ladwig's home is on a approximately 39 feet from Afton Road (front) and 40 feet from Cath encroaching on the 50 foot setbacks and therefore is a nonconformin requires a C.U.P. to expand. The deck includes a walkway toward th home. The applicant said he will maintain the 50 foot setback by k the walkway 10 feet from the side of the house, and this way he wil the nonconformity. house which is he front yard corner lot and located art Drive (side), structure which east side of the eping the end of not be increasing - 2 - MINUTES PLANNING COMMISSION MEETING TUESDAY, JUNE 3, 1986 . Todd Ladwig C.U.P., continued: Public portion of the public hearing closed at 7:55 P.M. without co mente . . Spellman moved, seconded by Reese to recommend to Council approval f the C.U.P. as per the Planner's recommendations. Motion carried unanimously. 8:00 PM PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT AREA VARIANCE Highway 7 Properties - 20550-52 and 20560-62 Excelsior Blvd. Public portion of the public hearing opened at 8:14 P.M. Mr. Meyers, representing Hig~way 7 Properties would like approval t subdivide two lots located at 20550-52 and 20560-62 Excelsior Blvd., both of whic contain two- family dwellings, into four inalvidual unith6ts. The properties a e located in the R-2A zoning district and currently meet all the zoning requirements. The proposed unit lots will be smaller than the 15,000 sq. ft. required and the roposed division requires a lot area variance. Public portion of the public hearing closed at 8:15 P.M. without co ent. Reese said he feels the lot line should be adjusted to more equally distribute the rear yard areas. Planner Nielsen said the City tries to discourage gerrymandered lot lines, although there could be some adjustment away from the bu"lding. Schultz agreed that he would like to see the lot lines adjusted. Reese sug.~ested going 10 feet from the buildings and then angl~ng the lot lines. I Reese moved, seconded by Spellman to recommend to Council approval ~of ,..ethqeUaSlU1obzde. iVthiesion and lot area variance with modification of the rear yard lot lines . rear yard areas, and subject to the Planner's recommendations: I 1. The maintenance or "party wall" agreement should be subject to avorable review and recommendation by the City Attorney. 2. Each unit must be served with its own sanitary sewer service. ells may continue to be shared. If the owner wishes to record the division prior to completion of this item, a letter of credit should be required to ensure the ork gets completed. 3. The divisions and maintenance agreements must be recorded withi 30 days of the applicant's receipt of the Council resolution approving the req est. Motion carried unanimously. 8:15 PM PUBLIC HEARING - PRELIMINARY PLAT - WCL ACRES Richard Larsen - 23545 Yellowstone Trail Public portion of the public hearing opened at 8:27 P.M. Mr. Larsen of Wirtenen-Clark-Larsen Architects, Inc. is requesting preliminary plat for property located at 23645 Yellowstone Trail, 0 The property contains approximately 4.84 acres and is located in th district. He proposes to divide the property into 7 lots. The pro or exceeds the requirements of Shorewood's Zoning Ordinance and Sub - 3 - pproval of a ed by Joe Haney. R-1C zoning osed plat meets ivision Ordinance. MINUTES PLANNING COMMISSION MEETING TUESDAY, JUNE 3, 1986 . WCL Acres Preliminary Plat, continued: Roger Lubke, 5915 Minnetonka Drive, asked for clarification of the roposed street location. This was pointed out for him. . Herb Gager, 23640 Yellowstone Trail, presented his written remarks 0 the Commission and went on to say that he has lived across the street from the pro osed development for 33 years. He said he doesn't want his peace and tranquility di turbed by the street right across from his house. He said the Shorewood Council romised the residents on the north side of Yellowstone a barrier from the Shopp"ng Center activity. He doesn't want the increased traffic and people. Melvin Johnson, 2 3775 yellowstone.., Trail, said that all the land is ~iled to Devil's Well and the drainage would create a "sea" in his back yard. He is also opposed to increased traffic on Yellowstone Trail. He has also lived in his h me ~or 33 years and does not want his peace and tranquility disturbed. Joe Haney, 23645 Yellowstone Trail (owner of subject property), sai there 30 years. He said the proposed location of the road is the 0 He is not aware of any tiling to Devil's Well. He doesn't want to the neighborhood, but he said he is unable to sell his house with s he has lived ly feasible one. ee traffic upset much acreage. Roger Lubke - the traffic is the major concern. He would like to s e the City conduct a traffic study. There is currently no shoulder on Yellowstone for bikers and pedestrians. He would like to see a different access site. Bob Savage, 23585 Yellowstone Trail, just bought his home on the ea He chose the area because of the space and the 50 foot easement goe front door. He believes there will be drainage problems because of He feels 7 units is too high a density~ He does not want any asses his property. . Jim Hamstra, 23930 Yellowstone Trail, said he feels the underlying zoning of the area. The area is zoned for ~ acre lots where there existing ~ acre lots. If the whole area begins tp start subdividin the traffic problems are going to become substantial. Melvin Johnson - thinks he will be sacrificing an acre of his land ends up in his back yard and it b~CllImS flooded. t side of the site. right by his the clay soil. ments against roblem is the re not many into ~ acre lots, hen the drainage John Edwards, 5865 Minnetonka Drive, believes 7 lots will require st eet improvements on Yellowstone Trail such as curb and gutter and the assessments wi 1 make taxes higher. Melvin Johnson - said that Linden Drive is supposed to be for local traffic only. Roger Lubke - is not opposed to development, but feels 7 houses is 00 much. i Mr. LarSer said individual traffic and drainage are her main crncerns. Mrs. Melvin Johnson - asked how water would be supplied. private wells are proposed. . Cheryl Savage (Mrs. ,Bob) - said - 4 - MINUTES PLANNING COMMISSION MEETING TUESDAY, JUNE 3, 1986 ~ WCL Acres Preliminary Plat, continued: Joe Haney - said he feels disappointed in the neighborhood response. Mr. Larsen has spent a lot of time and money to come up with this proposal and eve ything was checked out ahead of time with the City and he was told the project was opriate. Pam Honzl, 6065 Glencoe Road, didn't know the area was zoned for ~ cre lots. If the neighborhood is going to change, she would like to be notified. Chair Leslie read a letter submitted from a resident on Minnetonka rive. Mr. Larsen clarified that the Minnehaha Watershed District regulate run-off and places restrictions on this. the rate of Mrs. Savage wanted to know why the proposed road is located on the parcel. Mr. Larsen said the east border was the most desirable bec allow for future access to the undeveloped property to the east. A topography is more suitable on the east border. ast side of the use this would so, the current Glen Scherbing, 5885 Minnetonka Drive, says he has had to drill two wells on his property to get enough water and wonders if a study has been done t assure water supply. . Public portion of the public hearing closed at 9:21 P.M. The Commission was invited by Mr. Johnson to personally come k at his property. Planner Nielsen said the area has been zoned for 20,000 sq. since at least 1973. The City Engineer and the Watershed District will be reviewi g the area for proper drainage. Schultz questioned the reason for the current zoning status of this area. Planner Nielsen said that there are some natural and some man-made restrict'ons to this land. Topography and wetland also contribute to the availability of build ble land. Spellman moved, seconded by Watten to recommend to Council that the preliminary plat be approved subject to the Planner's recommendations: 1. Approval of the plat is contingent upon satisfactory review and approval of plans for grading, drainage and utilities by the City Engineer. 3. Drainage and utility easements, 10 feet wide on each side of re r and side property lines, must be shown on the final plat. 2. Plans for grading and drainage are subject to the recommendatio Minnehaha Creek Watershed District. 4. Approval should be subject to the recommendation of the Park Co ission relative to park dedication requirements. 5. A final plat must be submitted within six months of approval of the preliminary plat by the City Council. . - 5 - MINUTES PLANNING COMMISSION MEETING TUESDAY, JUNE 3, 1986 4IIt WCL Acres Preliminary Plat, continued: Watten said that change is inevitable with a growing population. P ople want to keep land for their enjoyment that they do not own. The zoning allows f r subdivision. Schultz added that if some fact were presented, the motion could be reconsidered. But most of the discussion that occurred was based upon speculation and personal opinions regarding conditions which mayor may not be created by this subdiv"sion. This subdivision must meet Watershed District and Engineer requirements. Motion carried unanimously by Roll Call Vote. 8:45 PM PUBLIC HEARING - SETBACK VARIANCE Robert Bergstrand - 27100 Edgewood Road Public portion of the public hearing opened at 9:51 P.M. Mr. Bergstrand would like to replace his existing single-car garage with a new two-car garage. The new garage would be 10 feet from each side lot line, a dit requires a 10 foot variance on each side because it is located within the Shor land District' (lakeshore - requiring a 20 foot side yard setback). . As stated in the Planner's report, the City has in past requests, ecognized that the lack of a two-c~r(' garage in Minnesota's climate constituted a hard hip. Phyllis Lovrien, 27095 Edgewood Road, said she feels the variance uld create an improvement to the property. She asked the applicant if he planned to enlarge the house and connect to the new garage in the future. Mr. Bergstrand aid they may want to add on a little bit in the future, and wQuld want to mainta"n a 10 foot side yard setback. Mr. Bergatramdi said the new garage would be used to s ore a boat part of the year. Public portion of the public hearing closed at 9:59 P.M. Spellman moved, seconded by Reese to recommend to Council approval f the setback variance as per the Planner's recommendations. Motion carried unanimously. 8:30 PM PUBLIC HEARING - CONDITIONAL USE PERMIT AND SETBACK VARIANC TO EXPAND A NONCONFORMING STRUCTURE James Schultz - 5465 Timber Lane Public portion of the public hearing opened at 10:01 P.M. Mr. Schultz is requesting a C.U.P. to build a deck and walkway onto the north side of his house>whichis located on a lakeshore lot requiring a 20 foot side yard setback. The house was built at a 10 foot side yard setback which was in con ormance with the Zoning Ordinance at that time. The east end of the deck maintains the 10 foot setback and for this a variance is being requested. Public portion of the public hearing closed at 10:03 P.M. without c mment. . - 6 - ~ . . MINUTES PLANNING COMMISSION MEETING TUESDAY, JUNE 3, 1986 James Schultz C.U.P. and variance, continued: Spellman moved, seconded by Watten to recommend to Council approval of the C.U.P. and setback variance as per the Planner's recommendations. Motion arried- ~ ayes, 1 abstain (Schultz). MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover reported on the Brecke variance request, and informed the Commission of a public hearing regarding the Corridor Study to be h ld on June 18, 1986 at the Minnetonka High School. ADJOURNMENT Benson moved, seconded by Spellman to adjourn the meeting at 10:44 .M. Motion carried unanimously. Respectfully submitted, Patricia Helgesen for Nancy Buckentine, Recording Secretary - 7 - . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 1, 1986 M I NUT E S CALL TO ORDER Acting-Chair Watten called the meeting to order at 7:43 P.M. ROLL CALL COU CIL CHAMBERS 575 COUNTRY CLUB ROAD 7:3 P.M. Present: Acting-Chair Watten; Commissioners Mason, Schultz, Ree e (arrived at 7:40 P.M.), and Spellman; Council Liaison Stover; P anner Nielsen; Planning Assist. Helgesen. Absent: Chair Leslie and Commissioner Benson (both excused). APPROVAL OF MINUTES The Minutes of June 3, 1986 were not available to the commissionerJ, at this time and approval of same was deferred. i 7:30 PM PUBLIC HEARING - CONDITIONAL USE PERMIT TO EXPAND A NONCON ORMING STRUCTURE Vern Zeller - 5060 Shady Island Point Public portion of the public hearing opened at 7:45 P.M. Mr. Zeller would like to add a 20' x 22' three-season porch onto t e rear of his house located at 5060 Shady Island Point, which is only 7 feet fro the side lot line. Since lakeshore lots require a side yard setback of 20 feet the house is a nonconforming structure and any expansion would require a C.U.P. I Public portion of the public hearing closed at 7:46 P.M. without c1mment. Spellman moved, seconded by Schultz to recommend to Council approv 1 of the Conditional Use Permit as per the Planner's recommendation. Motion carried - ayes, 1 abstain (Reese). 7:40 PM PUBLIC HEARING - SETBACK VARIANCES Edward Eckstrom - 26575 and 26525 Edgewood Road Public portion of the public hearing opened at 7:47 P.M. Mr. Eckstrom proposes to build two homes, one on Lot 1, Block 1, a Lot 1, Block 2, Oak Ridge Estates 2nd Addition. He has requested yard setback variance for each lot which would allow him to line u other existing structures on Edgewood Road. This would locate the from the street r.o.w., in an R-1A zoning district which requires a yard setback. Public portion of the public hearing closed at 7:50 P.M. without c d the other on 14 foot front the houses with houses 36+ feet 50 foot front Section 200.03 Subd. 3d. of the SHorewood Zoning Ordinance provide for a reduced setback where adjoining structures are closer to the street than t e Ordinance allows. For the easterly lot, the setback variance is further justified by the presence of low ground and suspect soil conditions. . . MINUTES PLANNING COMMISSION MEETING TUESDAY, JULY 1, 1986 Edward Eckstrom Setback Variance, continued: I I Spellman moved, seconded by Reese to recommend to Council approval of the setback variances subject to the City Engineer's review and approval of site grading and drainage plans for the easterly lot. Motion carried unanimously. 7:50 PM PUBLIC HEARING - CONDITIONAL USE PERMIT AND VARIANCE - ACC SSORY SPACE IN EXCESS OF 1,000 SQUARE FEET James Westby - 27020 West 62nd Street Public portion of the public hearing opened at 7:54 P.M. Mr. Westby explained that he would like to build a 12' x 24' stora e shed on his property which would enable him to provide shelter for his horses nd equipment. Mr. Westby already has three other accessory structures on his pro posed shed would result in an excess of 1,000 square feet of acces (1526 sq. ft.), as well as an excess of three accessory buildings, require a conditional use permit. The resulting total area of acc also be greater than the first floor "footprint" of the principal which a variance is being requested. Mr. Westby said he does not feel it is fair to count the first flo "footprint" of a two-story house. Someone living in a rambler-sty unfair advantage when it comes to calculating requirements for all space. He also questioned the purpose for limiting (accessory) sp Nielsen said it is to avoid the "clutter" of many small buildings establish a relationship between the size of accessory buildings, principal structure size. erty and the pro- ory space both of which ssory space would welling, for r only as the e home then has wable accessory ceo Planner n a lot, and to ot size and Acting-Chair Watten acknowledged a letter signed by the applicant' neighbors on West 62nd Street giving their approval of the proposal. Public portion of the public hearing closed at 8:05 P.M. Comm. Schultz asked for more background on the cases which are pre this situation. Planner Nielsen explained that the Larson request garage for storage in addition to a 2 or 3 car garage; on a lot wh large as Mr. Westby's. Mr. Hennessey was required to reduce the s storage shed due to the footprint size of his house. Comm. Schult "footprint" method of calculating allowable accessory space. He s "livable space" should be considered instead. Comm. Mason said she felt the footprint should include the attache Nielsen cited a case in Minnetonka where a gymnastum was built att and thereby "dwarfed" the appearance of the principal dwelling. H attached accessory space were not considered separately from the p then one could keep adding on and further dwarf the appearance of . - 2 - edent-setting in was for a large ch is not as ze of a proposed questioned the id he felt that garage. Planner ched to a house said that if incipal dwelling, he house itself. MINUTES PLANNING COMMISSION MEETING TUESDAY, JULY 1, 1986 . James Wetby C.U.P. and variance, continued: Comm. Schultz said he sees the element of hardship in Mr. Westby's case as the size of his lot (approximately 2.4 acres) and the use (horse pasture an farming) which requires a lot of storage space. Comm. Spellman suggested that a condition of the C.U.P. could be t at the property continue to be used as it currently is (pasture and farm) and not e subdivided. Mr. Westby said he would have no problem with that condition. Comm. Schultz said he would like to see the C.U.P. subject to remo al of the existing shed which encroaches on the side yard setback. Mr. Westby asked if this condition could be subject to subdivision of the property rather than the building of anew shed. j ject to the ot change. Reason failed for lack Spellman moved to recommend condition that the property for approval being the size of a second. approval of the variance and C.U.P. su not be subdivided and use of the land of the lot and use of the land. Motio Comm. Schultz asked how approval would stand in light of the prece ence. Planner Nielsen said that Hennessey was required to reduce the size of his building in order to conform with the Ordinance. He suggested that if the C.U.P. is granted, to wait and see if the situation comes up again and then study the Ordinan e for revision. . Schultz moved, seconded by Mason to recommend to Council approval and C.U.P. spbject to the conditions mentioned in Spellman's motio nor change the use of the land), as well as removal of the existin building the new shed. Motion carried unanimously by Roll Call Vo f the variance (not subdivide shed prior to 5 ayes. Reese moved, seconded by Schultz, to recommend to Council modifica ion of the Zoning Ordinance to revise the phrase "footprint" to instead be worded as "habitable space". Motion carried unanimously. SIMPLE SUBDIVISION Jan Niska - 4720 West Lane The Planner's Report explained that Mr. Niska would like to divide 14,000 square feet of his property located at 4720 West Lane and c adjoining neighbor, Mr. Tom Bodin. Mr. Niska stated that he would to dividing 12,000 sq. ft. instead. The result would leave Mr. of the buildable area requirement needed for a buildable lot. Reese moved, seconded by Schultz to recommend to Council approval combination subject to the Planner's recommendations: off approximately nvey it to his like to cut back in's lot at 70"/0 f the subdivision/ 1. That as a result of the subdivision/combination, Mr. Bodin's p rcel contain at least 28,000 square feet. 2. The applicant must provide surveys and new legal descriptions reconfigured lots. . 3. The survey for the Niska property must show the designated wet and area limits. A conservation easement must be provided over the wetland area - 3 - MINUTES PLANNING COMMISSION MEETING TUESDAY, JULY 1, 1986 ~ Jan Niska, Simple Subd., continued: . . 4. Drainage and utility easements 10 feet on each side of all rea and side lot lines (both lots) must be provided by the applicant. 5. Since the division/combination does not result in any addition 1 lots, park dedication fees are not required. 6. The applicant and Mr. Bodin must both submit an up-to-date title opinions (within the last 30 days)' for review by the City Attorney. The reason for the recommendation to approve is that Mr. Bodin would have a hardship since he would not own a buildable lot without the additional land. Motion carried unanimously. 8:10 PM PUBLIC HEARING - VARIANCE AND CONDITIONAL USE PERMIT TO EX AND A NONCONFORMING STRUCTURE John Hodgdon - 25830 Birch Bluff Road PUblic portion of the public hearing opened at 8:54 P.M. Mr. Hodgdon would like to add onto his house located at 25830 Birc Bluff Road. The house is only 4.5 feet from the west side lot line and the Zoning rdinance requires 20 feet, therefore he needs a C.U.P. to expand. He proposes to ex end the addition along the west side of the house 6 feet from the side lot line and needs a variance to do so. He stated that the main reason for building on the west side is to accommodate drainage on the east side, and maintain proper egress f a downstairs bedroom. He also pointed out that the addition is adjacent to and extends no further forward than his neighbor's garage. He also plans to remove two n9nconforming garages on the south end of the property. I Council Liaison Stover conveyed a message from Mr. Hodgdon's neighbor, John Bridge, that he supports the proposal whole-heartedly. Public portion of the public hearing closed at 8:57 P.M. Spellman moved, seconded by Reese to recommend to Council approval of the variance and C.U.P. on the condition that the addition be built no closer than 1 feet from the west side lot line (as provided for in the previous zoning ordinance), and further subject to the Planner's recommendations: 1. The two old garages should be removed within six months of the date the building permit for the new addition is issued. 2. .site grading for the new addition should be subject to review the City Engineer. d approval by Motion carried unanimously. - 4 - MINUTES PLANNING COMMISSION MEETING TUESDAY, JULY 1, 1986 ~ 8:20 PM PUBLIC HEARING - CONDITIONAL USE PERMIT - SPECIAL HOME OCCU ATION PERMIT Robert Wichterman - 5385 St. Albans Bay Road Public portion of the publ~c hearing opened at 9:14 P.M. I Mr. Robert wichterman would like to purchase the property at 5385 S subject to his obtaining a C.U.P. for a special home occupation of upholstery shop out of the home. The applicant would be eligible f home occupation permit except that he will need the use of accessor from time to time. . Albans Bay Road perating an r jus t a limi ted space (garage) Larry Buesgens, 20090 Excelsior Blvd., said he is not opposed to th specificproposed use of this property, but is concerned about setting precedence for commercial use of the area. The Commission responded that a home occupation does hot effect a change in zoning, and is governed by the conditions of the C.U.P. Barbara Martin, 20185 Excelsior Blvd., asked what are the provisions which regulate a special home occupation permit? Planner Nielsen read the applica tIs statement addressing their intent to comply the the provisions of Section 20 .03 Subd. 12 of the Shorewood Zoning Ordinance. Beth Scheele, 925 Excelsior Blvd., stated that she currently resides next to the applicant's home in Excelsior in which they conduct their business nd said there is absolutely no problem or interference in the neighborhood. . Public portion of the public hearing closed at 9:25 P.M. Comm. Wattenasked about material delivery and refuse disposal. Mrl. Wichterman said UPS delivers some materials and he picks up others. Their waste is minimal and is handled by their regular residential garbage pickup service. Spellman moved, seconded by Reese to reoommend to Council approval of the C.U.P. Special HOme Occupation Permit subject to the Blanner's recommendations: 1. The initial permit is valid for one year, at which time it willi be reviewed by the City. Any subsequent permits will be reviewed every three years. 2. Use of the garage should not result in future requests for additional garage spa~e. 3. No exterior storage of materials or equipment should be allowe . 4. No signage is allowed. Motion carried unanimously. . .- 5 - . ~ . MINUTES PLANNING COMMISSION MEETING TUESDAY, JULY 1, 1986 8:30 PM PUBLIC HEARING - CONDITIONAL USE PERMIT TO EXPAND A NONCON ORMING STRUCTURE David McCuskey - 5250 Howard's Point Road Public portion of the public hearing opened at 9:30 P.M. The McCuskeys have proposed to add a wooden deck to the south side Since the house is only 35 feet from the road r..o~w. in a 50 foot district they nee9 a C.U.P. The proposed deck would be built on t the house and will not encroach on the required setbacks. Public portion of the public hearing closed at 9:31 P.M. without c Spellman moved, seconded by Schult4 to recommend to Council approv as per the Planner's recommendations. Motion carried unanimously. MATTERS FROM THE FLOOR None. REPORTS of tneir nome. equired setback e south side of ent. of the C. U . P. Council Liaison Stover reported oni:the following issues brought before the Council: The Council did not agree with the Planning Commission's decisi n regarding the Schafer variance request for a dock. False alarms for fire and police. Garbage Ordinance. N,o-Parking Signs at Christmas Lake. Tingewood Development. S.E. Area Water Proj~c~ bond. Highway 7 Corridor Study. ADJOURNMENT Spellm~n moved, seconded by Schultz to adjourn the meeting at 9:40 P.M. Respectfully submitted, Patricia Helgesen Planning Assistant - 6 - . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 5, 1986 COUN IL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Acting-Chair Reese called the meeting to order at 7:38 P.M. ROLL CALL I Present: Acting-Chair Reese; Commissioners Benson, Mason and Wat en; Planner Nielsen; Planning Assist; Helgesen. Absent: Chair Leslie; Commissioners Schult4 and Spellman; Council Liaison Stover, (all excused). APPROVAL OF MINUTES Benson moved, seconded by Mason to approve the minutes of June 3, 1986 as written. Motion carried unanimously. Watten moved, seconded by Reese to approve the minutes of July 1, 1986 as written. Motion carried unanimously. 7:30 PM PUBLIC HEARING - SETBACK VARIANCE Michael McDonald - 4695 Lagoon Drive . Public portion of the public hearing opened at 7:41 P.M. . Mr. McDonald was present to request approval of a setback variance in order to build a two-car garage on his property. He proposes to locate the garage 12 feet from the easterly property line (20 feet is required) and 48 feet from the 1 keshore on the southeast side of the lot (50 feet is required). He stated that this location would help eliminate the need to remove as many trees. Mr. McDonald said he would have no problem complying with the Plan er's suggestion of pivoting the garage on its most westerly corner so that the str cture will meet the 50 foot lakeshore setback, as well as reduce the amount of side yard variance needed. Public portion of the public hearing closed at 7:47 P.M. without c Watten moved, seconded by Benson to recommend to Council approval variance according to the Planner's suggestion of pivoting the gar 50 foot lakeshore setback. Motion carried unanimously. 7:45 PM PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT AREA VARIANCE Cyril Kerber - 4800 Rustic Way Public portion of the public hearing opened at 7:49 P.M. ent. setback meet the MINUTES PLANNING COMMISSION MEETING TUESDAY, AUGUST 5, 1986 ~ Cyril Kerber, Subd./Variance, continued: The applicant was not present. The Commission discussed the Planne IS report which explains that Mr. Kerber would like to divide his property which is located in the R-1A Zoning District, requiring 40,000 sq. ft. lots. The proposal ould divide his 79,859 sq. ft. parcel into two lots. The westerly lot would contai 40,036 sq. ft. and the easterly lot 39,823 sq. ft. in area. The easterly lot requires an area variance of 177 sq. ft. Both lots otherwise comply with the requir ments of the R-1A Zoning District. Acting-Chair Reese acknowledged a letter from Robert Lower of 4760 akeway Terrace showing favor of th~ proposal. Public portion of the public hearing closed at 7:50 P.M. Benson moved, seconded by Mason to recommend to Council approval of the subdivision and lot area variance subject to the Planner's recommendations: 1. Within 30 days of Council approval the applicant must provide d ainage and utility easements, 10 feet on each side of all rear and side lot lines. Given the location of the existing housel this requirement will not b possible on the west side of the westerly lot. 2. Prior to release of the Council resolution approving the request, the applicant must pay one park dedication fee of $500. . 3. The applicant must submit an up-to~date (within 30 days) title pinion for the property for review by the City Attorney. 4. The applicant must record the subdivision within 30 days of his receipt of the Council resolution approving the request. Motion carried unanimously. MATTERS 'FROM THE FLOOR None. REPORTS Planner Nielsen explained to the Commission why the Wash'N'" Roll c~r Wash on Co. 19 has a two-access driveway. This was suggested by Hennepin Count in order to simplify traffic circulation. Also discussed was the City Hall ren vat. ion plans. I Rd. ADJOURNMENT The next meeting of the Planning Commission is scheduled for There will be no study session on August 19th. , September 2, 1986. Watten moved, seconded by Benson to adjourn the meeting at 8:15 P. . . Respectfully submitt~d, Patricia Helgesen Planning Assistant - 2 - . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, SEPTEMBER 2, 1986 COUNC L CHAMBERS 5755 (OUNTRY CLUB ROAD 7 : 30 I. M . M I NUT E S CALL TO. ORDER Chair Leslie called the meeting to order at 7:36 P.M. ROLL CALL Present: Chair Leslie; Commissioners Mason, Schultz, Reese, and Benson (arrived at 7:41 P.M.); Planner Nielsen; Planning Assist. HelgeEen. Absent: Commissioners Spellman and Watten (on vacation); Counc I Liaison Stover. APPROVAL OF MINUTES Reese moved, seconded by MasoI1to approVe the IDiI1utes of August 5, 1986 as written. Motion carried unanimously. 7:30 PM PUBLIC HEARING - CONDITIONAL USE PERMIT TO EXPAND A NONCONIORMING STRUCTURE Jeff Fox - 5370 Howard's Point Road Public portion of the public hearing opened at 7:37 P.M. Mr. Fox was present to explain that he had completed construction cf a deck on the west side of his home without knowing he needed a building permit. Upon review of the site, it was also discovered that his house is five feet too c ose to Howard's Point Road, making it a nonconforming structure which requires a CU.P~ to expand. The deck does not increase the nonconformity of the house and it ccmplies with the zoning requirements. Public portion of the public hearing closed at 7:38 P.M. without ccmment. Schultz moved, seconded by Reese to recommend to Council approval cf the C.U.P. based on the Planner's recommendations. Motion carried unanimously. 7:45 PM PUBLIC HEARING - CONDITIONAL USE PERMIT TO EXPAND A NONCONIORMING STRUCTURE Dennis Jabs - 20915 Radisson Road Public portion of the public hearing opened at 7:45 P.M. Mr. Jabs presented photos of a previous deck and handicap ramp which had extended over the lot line which divided two of his three substandard lots. He recently built a deck at the same location without obtaining a building pernit. His house is only three feet from Radisson Road, making it a nonconforming structure. He was informed that he needs a C.U.P. to expand his structure and to comtine his three parcels so as to eliminate the lot line over which the deck extendE. Mr. Jabs said he objects to all the fees for special permits. He Eaid his neighbor had been allowed to work on a deck attached to a nonconforming strlcture with only a building pe~mit. He cited Minneapolis zoning standards and said tley allow structures to be placed over lot lines. He feels he will lose value in his lend if he is forced to combine the lots. He thinks the lots are buildable separately tecause they were each assessed for sewer separately. Minutes Planning Commission Meeting Tuesday, September 2, 1986 . Dennis Jabs - C.U.P., continued: Public portion of the public hearing closed at 7:51 P.M. without c mment. Benson said the building permit fee by itself would not be unreaso able or out of line with other communities. Beason also said it is not reasonable to compare Shorewood zoning standards to those of Minneapolis. Benson moved, seconded by Mason to recommend to Council approval to the applicant having all three parcels legally combined within approval, and that the City refund the sewer assessment paid on th Motion carried unanimously by Roll Call Vote - 5 ayes. 8:00 PM PUBLIC HEARING - SETBACK VARIANCE Jim Sidwell - 5000 Shady Island Point Public portion of the public hearing opened at 8:05 P.M. f the C.U.P. subject o days of Council second lot (Lot 22). applicant. As out a building (setback from the e fuel tanks tback in the area Susan Sidwell, daughter of Jim Sidwell was present to represent th explained inthe~Planner's report, a boathouse was constructed wit permit and built only 22 feet from the shoreline of Lake Minnetonk lake is 50 feet). Ms. Sidwell said that a rock wall as well as so prevented relocation of the structure to comply with the 50 foot s that it is currently placed. . Public portion of the public hearing closed at 8:09 P.M. without c mment. Planner Nielsen said the boathouse could be located on the south s de of the property and the dock could be relocated as well. He suggested that the ap licant go back to the builder, Pat Ralph, and have him move the building to a confor ing status. Schultz moved, seconded by Reese to recommend to Council denial of the setback variance based on the staff analysis. Motion carried unanimously. 8:15 PM..PUBLIC HEARING - CONDITIONAL USE PERMIT AND SETBACK VARIAN E - EXPANSION OF A NONCONFORMING STRUCTURE Robert Bergstrand - 27100 Edgewood Road Public portion of the public hearing opened at 8:15 P.M. Mr. Bergstrand explained how he proposes to add onto his home whic from the easterly lot line and almost touches the westerly lot lin . add a second story. Paul Nelson, 27120 Edgewood Rd, said he is in favor of the proposa . is only five feet He proposes to Phyllis Lovrien, 27095 Edgewood Rd, asked for clarification of the building plans. Mr. Bergstrand showed her the construction drawings. She stated no objection. . A letter received from Adeline Johnston of 5465 Howard's Point Rd objection was acknowledged. Public portion of the public hearing closed at 8:22 P.M. - 2 - thiCh I I I showed no Minutes Planning Commission Meeting Tuesday, September 2, 1986 . Robert Bergstrand-CUP and Variance, continued: Benson moved, seconded by Mason to recommend to Council approval 0 the C.U.P. and setback variance subject to the conditions listed in the Planner's report; to not allow expansion of the existing foundation wall, so as to not distlrb the roots of a large oak tree near the southeast corner of the building. The alplicant may cantilever to the east above the foundation. Also subject to alloving no further expansion of the structure. Motion carried by Roll Call Vote - 4 eyes, 1 nay (Reese). 8:30 PM PUBLIC HEARING - SETBACK AND DRIVEWAY VARIANCES American Legion Post 259 - 24450 Smithtown Road Public portion of the public hearing op ned at 8:40 P.M. The American Legion would like to furth curbed and striped parking lot on the s number of parking spaces as well as dra variance along the northerly 155 feet 0 requesting a variance to allow two driv r upgrade their club by in taIling a paved, te. In order to accommoda e the maximum nage, they have requested five foot setback the easterly lot li~e.- Tley are also .- ways. ~ Mr. Guy Streater of the Legion said he as spoken to the owner of ~om Thumb who has told him that he has no objection to th setback variance for the astside. They are currently drawing up a 5 year lease for use of the property fo overflow parking. Public portion of the public hearing cl sed at 8,49 P.M. without Ci'mment. Access to the parking stalls behind Tom Thumb would be at the nort end of the Legion building (instead of the 7 compact car paces). I Reese moved, seconded by Benson to recor~end to Council approval 0 the setback and driveway variances subject to the Plann r's recommendations, inclu ing installation of concrete center islands and review a d approval of drainage pIa s by the C~ty Engineer. Motion carried unanimously. 8:45 PM PUBLIC HEARING - CONDITIONAL US PERMIT AND SETBACK VARIAN(E - EXPANSION OF A NONCONFORMING STRUCTURE William Gullifer - 20655 Manor Road Public portion of the public hearing op ned at 8:55 P.M. Mr. Gullifer appeared to request a C.U. the R-1C zoning district. The attached lot line (40 feet is required) which ma would like to build a room addition on 13 foot setback variance is being reque . to expand his house whicl is located in garage is located only 17 eet from the rear es the structure nonconforn ing. The applicant he southwest side of his heme for which a ted. Public portion of the public hearing cl sed at 8:58 P.M. without cemment. Reese asked the applicant how he felt a the setbacks. Mr. Gullifer said the ho alternative would further increase the out alternate designs whicl would conform to se is long and narrow now, and the only ength. . - 3 - Minutes Planning Commission Meeting Tuesday, September 2, 1986 ~ William Gullifer-CUP and Variance, continued: Mason said it appears as though the house is oriented to face Mano Road (which would make the easterly lot line a side yard). Planner Nielsen said thejnarrowest portion of a lot abutting two public right-of-ways constitutes the front y rd, which in this case is St. Alban's Bay Road. Schultz moved, seconded by Reese to recommend to Council denial of the request based on failure to demonstrate a hardship. I Schultz modified his motion, seconded by Reese, to only reflect de ial of the setback variance and approval of the conditional use permit. Motion carri d by Roll Call Vote 4 ayes, 1 nay (Mason). . . 9:00 PM PUBLIC HEARING - CONDITIONAL USE PERMIT - OUTDOOR STORAGE ACILITY Manitou Properties - 5620 Manitou Road Public portion of the public hearing opened at 9:16 P.M. nd Adrian Johnson equesting a 20 Manitou Road. outheast corner of John Smith, Smith ArchitectS,;; and John Bessessen, Dennis Miller, (previous owner) were present to represent the request. They are conditional use permit to develop an outdoor storage facility at 5 They also propose to convert the old yellow house, located intthe the site, into office and retail space. Mr. Smith presented an illustration of the proposal, showing propoted parking and landscaping. A 7 foot chain link woven fence surrounding the stor ge space for security is proposed. Also presented was a conceptual sketch of t e renovation plans for the house. I I nd use the rema~n~ng art of the ;U-shaped The applicants e of the rapidly They would like to convert the;garage of the house to retail space interior as office. They would agree to removal of the northerly driveway, and they plan to treat the parking lot for dust control. asked for a decision tonight, rather than tabling discussion becau approaching storage-facility market. A letter of objection received from B. Witrak of the Minnetonka Co ntry Club was received and acknowledged. His opinion is that this type of use w uld be equivalent to a 'I junk yard". Public portion of the public hearing closed at 9:28 P.M. I Pial to hire a Benson asked about security measures. security service. Mr. Bessessen said they Adrian Johnson said he wished Mr. Witrak had seen the plans before! rendering his objection. Mason asked if a market study had been conducted. Mr. Bessessen s id that some of the residents of West Point in Tonka Bay have stated an interest in us ng the facility, and he has also surveyed Mini-Storage who told him there is a dema d. - 4 - Minutes Planning Commission Meeting Tuesday, September 2, 1986 ~ Manitou Properties - CUP, continued: Schultz said he doesn't feel this proposal would be the best use 0 the property. Benson said perhaps one of the conditions should be a time limit p aced on the use of the site. Mr. Bessessen said he would not object to a 5 year tOme limit. . . Planner Nielsen said taller and more permanent landscaping is need d at the northwest corner of the lot because of the slope in the land. The type of s reening on the fence also needs to be addressed in more detail. Schultz moved, seconded by Benson to table the request pendingmor detail on the landscape, fence, drainage, lighting, market, etc. Reese said per aps this uould be reconsidered at the study session in two weeks, and given conceptu I approval tonight. Motion carried by Roll Call Vote - 4 ayes, 1 nay (Reese). At the applicantls invitation, the Planning Commission will tour t e site on Saturday ,'S~ll>t . 6, 1986 at 8:00A.M. MATTERS FROM THE FLOOR None. REPORTS Schultz suggested that with the number of side yard setback lots, perhaps this should be studied. Planner Nielsen said something prepared for the September Study Session. ADJOURNMENT The next meeting of the Planning Commission will be a study September 16, 1986 at 7:30 P.M. Schultz moved, seconded by Benson to adjourn the meeting at carried unanimously. Respectfully submitted, Patricia Helgesen Planning Assistant - 5 - requesds I he wour I for lakeshore try to have sessio~ on Tuesday, 10,27 ~.M. Motion CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, SEPTEMBER 16, 1986 C UNCIL CHAMBERS 5 55 COUNTRY CLUB ROAD 7:30 P.M. . M I NUT E S CALL TO ORDER Chair Leslie called the meeting to order at 7:39 P.M. ROLL CALL Present: Chair Leslie; Commissioners Benson, Watten, and Schultz; Planner Nielsen; Planning Assist. Helgesen. Absent: G9mmissi<mers Spellman, Reese and Mason (both excu_sed) Council Liaison Stover. APPROVAL OF MINUTES Approval of the September 2, 1986 minutes was deferred. PUBLIC HEARING - CONDITIONAL USE PERMIT - OUTDOOR STORAGE FACILITY, CONTINUED FROM SEPTEMBER 2, 1986 Manitou Properties - 5620 Manitou Road . , i The public hearing is being continued from September 2, 1986 due t~ the lack of information available to the Commission at that time. I Plannjr Nielsen said that Public portion of the public hearing reopened at 7:40 P.M. The Commission discussed the Engineer's preliminary report. he is convinced that the drainage issue is not resolved. I John Smith of Smith Architects gave a recap of his previous presen:ation for the benefit of the residents who were not present at the originial public hear"ng. George Harrison, 24710 Amlee Road, asked about the dimensions of t e storage area, type of surfacing, fence construction, and land elevations. Mr. S~ith said the area measures 555' x 275', will besurfac, ed with a limestone mater 1"al, ~h,at a 7,' dark-colored chain link fence is proposed, and the elevations will be graded to 964' sloping to 950'. Mr. Harrison said that he is concerned that the elimination of this much vegetation will result in an increase in the runoff to the surroun ing neighborhood. , He said he feels this development will cause a "mess". I I Mary Lou Swenson, 24745 Amlee Road, wanted to clarify that the pro osed storage is for boats and RVs only and if storage gpa~e would be used dun~ng summe months. She is also concerned about the traffic hazards this could cause on Co. R . 19. John Bessessen (property owner) said he is hoping for year-round storage business for boats and RVs. Clair Towne, 24740 Smithtown Road, owner of property which abuts t explained what constructive condemnation is - construction which c adjoining property values, and that the responsible party must pay . market value within 30 days. He said that he will serve a constru upon the City and the property owner if this project goes through. ~_ responded that the Commission will make no decision based on threa e subject site uses the lowering of for this loss at tive condemnation Chair :heslie . Minutes Planning Commission Meeting September 16, 1986 Manitou'Pt'operties-CUP, continued: David Littlefield, 24775 Glen Road, asked about how many vehicles w and the visibility of same during winter months. Mr. Smith saidth of storage spaces is 200, and that the visibility will depend upon uld be stored maximum number he vegetation. Bob Gagne, 24850 Amlee Road, commented that he recalls that when th condominium units were proposed there would be no outdoor storage allowed on this sit . . Jan Wells, 24695 Glen Road, said that it seems this type of use wou d be better suited along Highway 7, and what are plans for the residential port'on of the site? Mr. Smith said there are no plans for developing that portion ~t t is time. Jan Towne, 24740 Smithtown Road, said they can't sell their house npw, and this will cause more problems for them. She is also concerned about potentiar vandals trespassing th~ough their property. George Harrison, noted that this development would be visible to th residential area, not the commercial portion of the area. Mik.e DeLadi, 24675 Amlee Road,. said that considering the time of Ye.t' r these. ve.hicles would most likely be moved in and out, the roads will take a lot of damage. He feels storage areas are unsightly during winter months and the glare of light off of the snow will cause quite a glow. I Dave LIttlefield, asked if this request is in compliance with the ioning ordinance. Planner Nielsen explained the different types of uses of land provided for in the zoni1]g ordinance, and read the general requirements for conditional use permits. Jan Wells, asked what the holding pond would look like. Mr. Smith said it would be dry most of the time and not really change in appearance from what it is now. Bob Gagne, said he is concerned about the runoff increasing the existing drainage problem in the Glen Road area. Public portion of the public hearing closed at 8:53 P.M. Chair Leslie asked about the security. Mr. Bessessen said there w uld be a person in the office during business hours and a security service would provide night patrol. Watten said he wwuld like to see the Engineer's final report and k ow more about the holding pond, and slope of the .area , etc. before making any decision. He said personally he feels this is a continuation of the unsightliness of the entire Co. Rd. 19 corner. Schultz asked if the lighting could be improved so as not to flood the whole area with light. Mr. Smith said in order to avoid shadows, the high light pIes were recommended by their lighting consultant. . - 2 - Minutes Planning Commission Meeting September 16, 1986 I Manitou Properties-CUP, continued: Watten moved, seconded by Benson to recommend to Council to allow ommercial use of the house, subject to the Planner's recommendations including remo al of the garage so that it conforms with the setbacks, but to deny the conditional use permit for development of an outdoor storage facility. Motion carried by Roll Call Vote - 4 ayes. I Leslie explained that the reason for the recommendation to deny thJ C.U.P. is that the 60mmission feels this is an inappropriate use for this land. I STUDY SESSION - SIDE YARD SETBACKS IN THE SHORELAND DISTRICT Planner Nielsen explained that the 20 foot side yard setback requi ement for lakeshore lots is being studied due to the considerable number of nonconformities which were created as a result of the increase from the original 10 feet setb As a conse- quence, many variance requests have been received since this chang. He said the easiest option would be to reduce the side yard setbac 10 foot requirement. One alternative would be to require a total less than 10 feet on either side. He noted that a public hearing to effect any change to the ordinance. back to the f 30 feet, with no ould be necessary Schultz commented that he can see both sides of the issue in that is some value among neighbors to go through the review process. I Benson said that perhaps certain items ~ould be allowed to encroac on the setback, such as decks or one-story additions, and others made to comply wi h the 20 feet. Watten said this being a recreational community, open space is des.rable, especially around the lake. Benson suggested discussion be tabled to the next regular meeting in for input from other Commission members. MATTERS FROM THE FLOOR I I October to allow None. REPORTS None. ADJOURNMENT The next regularly scheduled meeting of the Planning Commission will be Tuesday, October 7, 1986 at 7:30 P.M. Watten moved, seconded by Benson to adjourn the meeting at 9:55 P. . Motion carried. Respectfully submitted, . Patricia Helgesen Planning Assistant - 3 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 7, 1986 CO NCIL CHAMBERS 57 5 COUNTRY CLUB ROAD 7: 0 P.M. I M I NUT E S CALL TO ORDER Chair Leslie called the meeting to order at 7:35 P.M. ROLL CALL Present: Chair Leslie; Commissioners Reese, Benson, Mason, Watt n, Schultz (7:37PM), and Spellman (7:40 PM); Council Liaison Stover; Planne Nielsen; Planning Assist. Helgesen. Absent: None. APPROVAL OF MINUTES Reese moved, seconded by Benson to approve the minutes of Septembe 2, 1986 as written. Motion carried unanimously. Benson moved, seconded by Wattento approve the minutes of Septemecr 16, 1986 as written. Motion carried unanimously. I Pu b li c portion of the public hearing opened at 7: 37 P.M. Mr. Ed Bauman was present to answer any questions. Public portion of the public hearing closed at 7:38 P.M. 7:30 PM PUBLIC HEARING - CONDITIONAL USE PERMIT - ACCESSORY BUILDI G IN A CEMETERY St. John the Baptist Church - Gemetery of the Resurrection (Hwy 7 Covington Rd) I without c~mment. Schultz moved, seconded by Benson to recommend to Council approval of the C.U.P. Motion carried unanimously. SIMPLE SUBDIVISION Tom Wickenheiser - 24655 Yellowstone Trail Hr. Wickenheiser was present to request preliminary plat approval 0 divide a portion of his 4.6 acre parcel into two, one-acre lots on Yellowstone Trai. He proposes to set aside the remaining 2.6 acres as an outlot for future resubdiv.sion. The Planner's report recommends that the existing detached garage be removed or elocated so that it meets setback requirements on Lot 1 where the principal dwellin will be located. Mr. Wickenheiser said that he plans to have this taken care of. Mr. Wickenheiser asked who would be responsible for ~eveloping the from Wiltsey Lane to serve the future subdivision of the outlot. the developer would need to develop that portion up to City standa would not be responsible for developing the existing gravel portio road extending lanner Nielsen said ds, although they of Wiltsey Lane. . Benson moved, seconded by Spellman to recommend to Council approva of the preliminary plat subject to the Planner's recommendations. Motion carried una imously. I I . Minutes Planning Commission Meeting October 7, 1986 7:45 PM PUBLIC HEARING - CONDITIONAL USE PERMIT - EXPANSION OF A N NCONFORMING STRUCTURE Pat Tarzian - 5435 Timber Lane Public portion of the public hearing opened at 7:46 P.M. o 8 feet, rather ded a permit for therefore a irements. Ms. Tarzian explained that she had an existing deck expanded by 6 than building a complete deck, and she did not realize that she this. The house does not meet current setback requirements and is nonconforming structure. The deck itself does meet all zoning req Mike Kramer, 5425 Timber Lane, submitted a photograph and a copy 0 his written comments saying that the deck obstructs his view of the lake, especially wh n sitting in his favorite reading chair. Marjorie Yaeger, 5445 Timber Lane, submitted a letter stating obje tion to the request. Public portion of the public hearing closed at 7:59 P.M~ Spellman moved, seconded by Watten to recommend to Council approva of the C.U.P. Motion carried unanimously by Roll Call Vote - 7 ayes. Schultz cl rified for Mr. Kramer that the deck itself does meet the zoning requirements. STUDY SESSION Side ard setback - lakeshore lots (continued from Se tember 16, 1 86) Mr. Larry Reed was present because he has a request;; coming up his lakeshore home which is located 10 feet from the side yard month to expand line. I Planner Nielsen presented a map of the City showing the number of un eveloped lake- shore lots - less than ten on Lake Minnetonka. This means that th majority of the homes built at the original 10 foot setback are now nonconforming structures. This has accounted for an increased number of conditional use permits a d variance requests. He stated that setbacks are intended to create or maintain a certain open space character. Given the amount of shoreline which has been developed, the character has already been established. He also felt it would be unfair to impose a stricter standard on a "handful" of remaining undeveloped lots. Commissioners discussed the validity of forcing lakeshore property owners to maintain open space for nonlakeshore property owners. It was also noted that it is easier to relax from a higher to a lo er standard, but not from a lower to a higher standard. Benson moved, seconded by Schultz to bring this before a public hearing at the November 18th Planning Commission meeting with a draft ordinance c anging the lakeshore side yard setback to 10 feet. Motion carried by Roll Call Vote - 6 ayes, 1 nay (Spellman). Modif Section 200.21 Subd. 4d. (outdoor stora e) - accessor As a result of a recent request for an outdoor storage facility, t e City Council took notice of a section of the Shorewood Zoning Ordinance which allowed for outdoor storage as a principal use. It was suggested that the Planning C~ission study this section and make a recommendation. I - 2 - Minutes Planning Commission Meeting October 7, 1986 I Study Session, cootinued, Planner Nielsen suggests that one solution to the problem is to activity to being an accessory use only to some other principal He submitted a draft ordinance amendment which reads: "d. Open and outdoor storage as an accessory use provided (1) Such use does not constitute more than thirty (30) lot area and no more than the floor area of the fir principal structure. (2) TheRarea is fenced and screened from view I . it outdoor storage conditional use. t: ercent of the t story of the ring... e.. " Council Liaison Stover asked if a large principal building would a low for a large area of storage space. Planner Nielsen said that a large building would reduce the buildable area of the lot, and the required parking space would ta e up a lot of the rest. Spellman said he would like to see the green areas preserved. Schultz as~ed if storage must be related to the principal use. PI nner Nielsen said yes, it does, and the term "accessory" takes care of that. Reese moved, seconded by Benson to set a public hearing for the Nd Planning Commission meeting to make a recommendation for amending Subd. 4d. of the Zoning Ordinance. Motion carried unanimously. ember 18th ection 200.21 MATTERS FROM THE FLOOR Watten said he was approached by John Cross with the idea of build"ng a "mini-storage" behind the Tonka Plaza where is owns some acreage. Planner Nielse informed the Commission that Manitou Propert*es is planning to propose orage on Co. Rd. 19. Watten also reported that the Legion now wants to further expand t eir building toward the ICO gas station (to the east). Planner Nielsen.$aid the side ard setback for commercial is 15 feet. REPORTS Council Liaison Stover reported that the mill City's assessed value is going up. Also, the the City is looking to buy some land for salt rate is going down slightly while Police Contract has een renewed, and sand storage. the and ADJOURNMENT I I J.. Motion for Nov. 18, carried 1986. Watten moved, seconded by Benson to adjourn the meeting at 9:19 unanimously. The next Planning Commission meeting is scheduled Respectfully submitted, Patricia Helgesen Planning Assistant - -3.::- CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 18, 1986 CO NCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. . M I NUT E S CALL TO ORDER Chair Leslie called the meeting to order at 7:36 P.M. ROLL CALL Present: Chair Leslie; Commissioners Watten, Schultz, Reese, Spellman, Benson, Mason (arrived 7:43 P.M.); Council Liaison Stover; PIa er Nielsen; Planning Assist. H~lgesen: Absent: None. APPROVAL OF MINUTES Schultz moved, seconded by Reese to approve the minutes of October 7, 1986 as written. Motion carried unanimously. 7:30 PM PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - ALLOWING EXP NONCONFORMING SINGLE-FAMILY DWELLINGS WITHOUT A CONDITIONAL USE PE Public portion of the public hearing opened at 7:37 P.M. . Planner Nielsen said that there are many nonconforming structures i the City due to changes in the Zoning Ordinance made over the years. There are as any or more than other surrounding communities. This poses a problem for builders a d homeowners who would like to add on to their homes. As discussed at previous plan ing Commission meetings, as long as a proposed addition to a nonconforming structu e meets the current building setbacks, the request could be processed as a building per it, subject to the requirements of Section 200.03 Subd. lk. of the Zoning Ordinanc. If the req~st does not meet any of the requirements it would be handled as a vari nee applicatiQn. Public portion of the public hearing closed at 7:42 P.M. without co ent. Watten moved, seconded by Spellman to recommend to Council that thej amendment be approved. Motion carried unanimously. I 7:40 PM PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - REDUCING THE SIDE YARD SETBACK FOR LAKESHORE LOTS Public portion of the public hearing opened at 7:43 P.M. Planner Nielsen said that many of the structures on lakeshore property are nonconforming as a result of changes in the Ordinance. The most recent change w s the a.doption of the State Shoreland Regulations which imposed a 20 foot side yard setback for lakeshore lots. As discussed at previous Planning Commission meetings, the ajority of lakeshore lots were already developed at the previous 10 foot setback. In Ofer to conform the zoning to what actually exists, a proposal to amend the Zoning Ordi ance to reflect . a 10 foot side yard setback for lakeshore lots was presented to the Plannin,g Commission. . Minutes Planning Commission Meeting Tuesday, November 18, 1986 . Zoning Ordinance Amendment - Lakeshore Side Yard Setback, continued: A letter submitted by Mr. and Mrs. Howard Lindow, expressing favor bf the amendment, was acknowledged. Larry Reid, 27280 Island View Road, said he feels it is a fair recommendation which may even improve the value of affetted lots. Public portion of the public hearing closed at 7:46 P.M. Spellman said he feels the lake belongs to everybody, and everybody has the right to its view. He said he is concerned about solid buildings along the akeshore such as exists in Mound. Spellman moved to recommend to Council denial of the Zoning Ordinan~e amendment to reduce the lakeshore side yard setback from its current 20 feet to he previous 10 foot setback. Benson seconded for discussion. Benson said he would prefer a 10/20 foot combination requirement. Motion failed by Roll Call Vote - 1 aye (Spellman) - 6 nays. Spellman moved, seconded by Watten to recommend to Council approval of a Zoning Ordinance amendment to require a 30 foot combination total, 10 foot minimum, side yard setback for lakeshore property. . I Motion carried by Roll Call Vote - 4 ayes - 3 nays (Schultz, Reese, Leslie). 7:50 PM PUBLIC HEARING - CONDITIONAL USE PERMIT TO EXPAND A NONCONFORMING STRUCTURE David M. Sanders - 5205 Howard's Point Road Public portion of the public hearing opened at 8:02 P.M. I i Mr. Sanders said he would like to add a 23.5' x 27.5' second story fddition to his home. The house is only 12 feet from the north property line and 8 feet f om the south property line, where 20 feet is required on both. It is also 46 fe t from the road easement where 50 feet is required. I Public portion of the public hearing closed at 8:04 P.M. without co~ment. ! Spellman moved, seconded by Benson to recommend to Council approvallof the conditional use permit. Motion carried unanimously. 8:00 PM PUBLIC HEARING - CONDITIONAL USE PERMIT AND SETBACK VARIANCE TO EXPAND A NONCONFORMING STRUCTURE David Setterholm - 25880 Birch Bluff Road . The. applicant, Mr. Setterholm, was not present to represent his reqpesL There was some concern r~garding the garage door width and location of the service door. Benson moved, seconded by Spellman to continue the public hearing, ~ue to the absence of the applicant, until the next regular Planning Commission meeting of December 2, 1986. Motion carried unanimously. - 2 - Minutes Planning Commission Meeting Tuesd~y, November 18, 1986 411' 8:10 PM PUBLIC HEARING - CONDITIONAL USE PERMIT TO EXPAND A NONCONF)RMING STRUCTURE AND CONDITIONAL USE PERMIT FOR ACCESSORY STRUCTURE OVER 1000 SQUARE FEET IN AREA Larry Reid - 27780 Island View Road Public portion of the public hearing opened at 8:09 P.M. Mr. Reid said he wishes to expand his home on his lakeshore lot. H explained that the water table in that area prevents him from finishing the baseme t, so he would like to add lengthwise across the lot. The house is only 11 feet from the side lot line and 20 feet is req ired, which causes his house to be nonconforming requiring a C.U.P. to expand. Part of the proposed addition includes a three-car garage which exc eds the 1000 square foot maximum area requirement by 104 square feet, for which a secon C.U.P. is required. Don Ponto, 27755 Island View Road, said he objects to therequestb cause it would obstruct his view of the lake from across the street. Mr. Reid res onded that the addition will be limited to one-story in front of Mr. Ponto's view. John and Karen Lee, 27720 Island View Road submitted a letter in fa or of the request. Public portion of the public hearing closed at 8:19 P.M. 411' Watten said it is unfortunate to place a garage in such a way that t has a view of the lake. He said it seems the garage oculdbe pulled forwardaway"from the lake view. Schultz said that, based on precedence, it would be inconsistent not to approve this request. Reese moved, seconded by Spellman to recommend to Council approvalff the C.U.P. to exceed 1000 square feet in accessory (garage) area by 104 square fet. Motion carried unanimously. Spellman moved, seconded by Watten to recommend to Council denial 0 the C.U.P. for expansion of the nonconforming structure, based on the current Zoni g Ordinance. Motion failed by Roll Call Vote - 3 ayes - 4 nays (Reese, Leslie, BE nson, Mason)l Spellman moved, seconded by Watten to recommend to Council approval of the C.U.P. for expansion of the nonconforming structure. Motion carried by Roll Call Vote - 5 ayes - 2 nays (Spellman, Schul z). 8:20 PM PUBLIC HEARING - CONDITIONAL USE PERMIT AND SETBACK VARIANC TO EXPAND A NONCONFORMING STRUCTURE Frank Fallon - 1050 Holly Lane Public portion of the public hearing opened at 8:39 P.M. Mr. Fallon would like to add a porch to his house which does not cor ply with the current 20 foot side yard setback, and he is requesting a C.U.P. to expand. The ~ proposed porch would also encroach on the 75 foot lakeshore setback for which he ,., requests a setback variance. - 3 -. Minutes Planning Commission Meeting Tuesday, November 18, 1986 . Frank Fallon C.U.P./Setback variance, continued: Public portion of the public hearing closed at 8,41 P.M. without cof-ent. Spellman moved, seconded by Benson to recommend to Council approvaliOf th.e C.U.P. to expand the nonconforming structure and approval of the 3 foot lakes ore setback variance. Motion carried unanimously. 8:30 PM PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A SPECIAL HOME (CCUPATION Eric B. Jacobsen for Lakeside Pool and Spa, Inc. - 6055 Riviera LanE Public portion of the public hearing opened at 8:43 P.M. I Mr. Jacobsen, owner of Lakeside Pool and Spa, Inc. is applying for J Special Home Occupation (conditional use) permit to conduct his business out of liS home on Riviera Lane. He said he builds and services. swimming pools. All onstruction is done at the job sites. Some materials are stored in his garage, but the e will be no business or construction vehicles at the home except for his pickup truck which has the business logo on the door side. I Maurice Johnson, 6060 Riviera Lane, asked if there will be any custdmers coming and going. Mr. Jacobsen said none at all. I ! Public portion of the public hearing closed at 8:45 P.M. . Benson moved, seconded by.Reese to recommend to Council approval of the C.U.P. for a Special Home Occupation subject to the provisions of the Zoning Ord~nance. Motion carried unanimously. 8:40 PM PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A SPECIAL HOME (CCUPATION Teresa Van Straaten - 25445 Smithtown Road I I I I Ms. Van Straaten is requesting a C.U.P. for a Special Home occupati~n to operate a one-chair cosmetology salon, 20 - 30 hours per week, out of her horn. Planner Nielsen said that the request is consistent with the requirements of the Zo ing Ordinance. I Public portion of the public hearing closed at 8:49 P.M. without corrment. Public portion of the public hearing opened at 8:47 P.M. Spellman moved, seconded by Reese to recommend to Council approval cf the C.U.P. for a Special Home Occupation subject to the provisions of the Zonirg Ordinance regulating same. Motion carried unanimously. 8:50 PM PUBLIC HEARING - PRELIMINARY PLAT - FERNCROFT Mark Swedlund - N.E. quadrant of Minnetonka Blvd. and Ferncroft Rd Public portion of the public hearing opened at 8:56 P.M. Mark and Jack Swedlund presented a request for approval of a preliminary plat to . subdivide the property located between Ferncroft Drive and Lake William into four lots. The property is zoned R-1D, Single-family Residential and is also subject to Shoreland District requirements. The minimum lot size requirement is 15,000 square feet. - 4 - Minutes Planning Commission Meeting Tuesday, November 18, 1986 . Ferncroft Plat, continued: Mr. Mark Swedlund said the characteristics of the land are causing orne problems, and vacating the Ferncroft Drive fire lane would help. As it currently exists, the fire lane cuts through the middle of proposed Lot 4. As Planner Nielsen points out in his staff report, the plat is not cceptable unless the fire lane is vacated. Mrs. Dallmann, said the lot sizes in the general area are already said she feels the proposed lots are also too small. small. She Arvid Dallmann, 4815 Ferncroft Drive, wanted to know what the propo would be. Planner Nielsen said the average lot size is 19,000 squa The minimum required is 15,000 square feet. Public portion of the public hearing closed at 9:04 P.M. Spellman moved, seconded by Reese to table any decision on this ite until the Council holds a public hearing and renders their decision regarding the str et vacation. Motion carried unanimously. Chair Leslie stated that the Planning Commission has already made t eir recommendations regarding fire lanes. . 9:00 PM PUBLIC HEARING - PROPOSED REZONING AND PRELIMINARY PLAT - MARILYNWOOD SECOND ADDITION Joe Gorecki - East of Riviera Lane and north of State Highway 7 Public portion of the public hearing opened at 9:09 P.M. Mr. Joe Gorecki, representing John McCartney and Gene Clapp as land to request approval of a rezoning and preliminary plat of the prope of Riviera Lane and north of Highway 7. The property is zoned R-1A Residential, and contains approximately 217,396 square feet in area seeks to have it rezoned toR-1C in order to divide the property int single-family residential lots. The subdi~tti6nawould be accessed branching off of Riviera Lane. Maurice Johnson, 6060 Riviera Lane, said he is concerned about traf!iC. He said it seems like the traffic pattern would work out better if it accessed Lake Linden Drive rather than Riviera Lane. Gale Johnson, 6180 Rttviera Lane, wanted to know what will happen to!the pond north ~~ ~~e e~:~~:~~: Planner Nielsen said it is. a designated wetland anfaTreadypr-OTedeCl I owners, was present ty located east Single-family Mr. Gorecki eight, half-acre, ia a cul-de-sac PublTc portiori offne public hearing closed at 9:13 P.M. . - 5 - Minutes Planning Commission Meeting Tuesday, November 18, 1986 ~ Marilynwood 2nd Addn Plat, continued: Planner Nielsen presented an illustration of some alternative modifilcations of the proposed plat. By shortening the length of the cul-de-sac by appro~imately 50 feet, it may help to alleviate the restrictive buildabil ity of Lots 1, 5 and 8. He said Lot 8, being bordered by streets on three sides, would have its rear yard abutting Riviera Lane (along with rear yard permitted uses such as RV storage, fences, etc.) facing the front yards across Riviera Lane. He suggests required screening with landscape materials at the rear of Lot 8. Spellman moved, seconded by Watten to recommend to Council approval to rezone the property to R-1C, Single~family Residential, 20,000 sq. ft. minimum lot sizes. Motion carried unanimously. , I Benson moved, seconded by Reese to recommend to Council approval of Ithe preliminary plat subject to Planner's recommendations and subject to the plat modifications as presented by the Planner. Motion carried unanimously. 9:10 PM PUBLIC HEARING - FENCE HEIGHT VARIANCE Paul Kakach - 5965 Grant Street Public portion of the public hearing opened at 9:37 P.M. ~ Mr. Paul Kakach stated that he has been having ongoing disputes witt his adjoining neighbor to the north, and would like to construct a 6 foot solid fEnce in order to render more privacy for both himself and his neighbor. He wishes tc extend the lengt.h of the fence, at the 6 foot height, further toward the street than the Zoning Ordinance allows. " Planner Nielsen noted that a letter was submitted by another neighb r, Lucille Rand, specifically stating that she did not want to get involved. Public portion of the public hearing closed at 9:43 P.M. J. It was noted that the neighbor to the north would not have his view to the southeast (of Highway 7) obstructed since the land elevation on the south sid declines. It was decided to maintain the 4 foot peight restriction within the 30 foot front yard setback and allow 6 feet in height from that point back. Also, the fence must be two feet inside of the property line. Watten moved, seconded by Spellman to recommend to Council approval of the fence height variance subject to a 4 foot height restriction a distanceo 30 feet from the rOqd r.o:w. of Grant St., and located 2 ft. inside the property [line. Motion carrled unanlmously. . 9:20 PM PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - ALLOWING ALL CONDITIONAL USES IN THE C-l DISTRICT AS CONDITIONAL USES IN TILE (;-3 DISTRicT Manitou Properfies Public portion of the public hearing opened at 9:50 P.M. ~ Manitou Properties is formally requesting a Zoning Ordinance amendm nt so that the conditional uses which are allowed in the C-1 District (a more rest ictive zone, also be allowed as conditional uses in C-3. As Planner Nielsen sta ed in his report, this would have been proposed by staff as a matter of "housekeeping" later had the applicant not needed this taken care of sooner. - 6 - Minutes Planning Commission Meeting Tuesday, November 18, 1986 ~ Manitou Properties, Zoning Ordinance Amend., continued: In the event that the Ordinance is amended, the applicant will requEst a conditional use permit for an indoor self-storage facility. Mr. John Smith of ~mith Architects, presented drawings of the proposed facility. The existing house wi 1 be demolished and filled in. He also said that they have recently held a neighbolhood meeting and this reportedly went well. He said the neighbors were receptive to this potential use. Mr. Smith said he would like feedback from the Commission regcrding their proposed C.U.P. request. Public portion of the public hearing closed at 9:58 P.M. without coiment. Spellman moved, seconded by Reese to recommend to Council approval df the Zoning Ordinance amendment to allow all conditional uses in the (;-1 District as conditional uses in the C-3 District. Motion carried - 6 ayes - lray (Watten). Reese asked if there would be any sigaage facing the street. Mr. Snith said most advertising would be in the Yellow Pages. Signage may be limited tc an address display. When asked about hours of operation and lighting, Mr. Smith said thEre will be a caretaker on duty, and the lighting would produce just a minor glow above the building. Excessive lighting will not be necessary at night. Planner Nielsen said the Ordinance restricts hours of operation to 7 - 10 PM, Sunday through Thursday, and 7 - 12 midnight, Friday and Saturday.,. Leslie feels there should be some assurance that there will be no fl.rther drainage problems for the neighbors to the north. I ~ Watten felt this use is inappropriate for this area. The "att~tude' of the shopping center area should not be allowed to continue. Schultz said he would like to see chain-link fencing avoided. 9:30 PM PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - MODIFYING REOlIREMENTS FOR OUTDOOR STORAGE FACILITIES Public portion of the public hearing opened at 10:20 P.M. , Planner Niel sen explained that as a result of the fi"rst reques..t bY;.an. iitO. u. pr...op.er...tie. s for an outdoor storage facility, the Council directed staff to prep re a dr<3._f~_ __ Ordinance amendment to change the use (outdoor storage) to be a110waas an accessory use only. ' , Public portion of the p~blic hearing closed at 10:22 P.M. Spellman moved, seconded by Reese to recommend to Council approval c f the Zoning Ordinance amendment, limiting open and outdoor storage as an access( ry use only. Motion carried unanimously. ~ - 7 - . . Minutes Planning Commission Meeting Tuesday, November 18, 1986 PREAPPLICATION FOR AMENDMENT TO THE COMPREHENSIVE PLAN Kenneth Strausser for Excelsior Farm and Garden - 6020 Chaska Road Mr. Ken Strausser, representing Excelsior Farm and Garden was prese feedback and direction to his proposal of a Comprehensive Plan amen would allow him to request rezoning the property at 6020 Chaska Roa (residential) to C-3 General Commercial. He would then relocate th and Garden business to the Chaska Road site. He said the site was of the exposure to Highway 7 traffic. t to request ment. An amendment from R-2A Excelsior Farm hosen because Benson said he is opposed to more commercial use in that area. Watten felt it would be excessive to have that much more traffic on Chaska Road. He also doesn't want to see Highway 7 become a "strip". Spellman felt this would be going against the Comprehensive Plan. Leslie concurred. Commissioners discussed alternative locations such as the shopping enter. Mr. Strausser said that would cause loading problems for customers. Ed Yaeger, real estate representative, said this property has been dn a residential use several times with no buyers. I I the market as MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover explained that the Shorewood Pins could be 0 tained for a $2.00 donation with all proceeds going to the Park Fund. She handed a pi to each Commission member to wear for promotional purposes. ADJOURNMENT She reported that three new Ordinances were being reviewed by the C uncil. Leslie moved, seconded by Benson to adjourn the meeting at 10:58 P. . Motion carried unanimously. Respectfully submitted, Patti Helgesen Planning Assistant . - 8 - . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 2, 1986 AGE N D A CALL TO ORDER ;~","" ;,.. APPROVAL OF MINUTES 1. 6:00 P.M. APPRECIATION PARTY - FRANK REESE Deli Buffet, Coffee, Dessert . . 2. MATTERS FROM THE FLOOR . 3. REPORTS 4. ADJOURNMENT COUNCIL ClAMBERS 5755 COUNI'RY CLUB ROAD 6:00 P.M. ROLL CALL SCHEDULE WATrEN SCHU...TZ RE~SE SPELL1AN LES"IE BEN,ON MA,ON - --