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1987 pl mnCITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755ICOUNTRY CLUB RD TUESDAY, JANUARY 6, 1987 7:30 P.M. M I N U T E S CALL TO ORDER Chair Leslie called the meeting to order at 7:33 P.M. ROLL CALL Present: Chair Leslie; Commissioners Mason, Watten, Schultz, Spellman (7:39 P.M.), and Benson (arrived at 8:04 P.M. due to injury); Council Liaison Stover; Planner Nielsen; Planning Assistant Helgesen. Absent: None. APPROVAL OF MINUTES Watten moved, seconded by Mason to approve the minutes of November 18, 1986 as written. Motion carried unanimously. Chair Leslie announced that agenda items number 4. (a fence height Variance by Robert Mason Homes) has been cancelled, and 5. (a C.U.P. by Manitou Properties) has been postponed until January 20th. 7:30 PM PUBLIC HEARING - CONDITIONAL USE PERMIT, AND LOT AREA, WIDTH AND SETBACK VARIANCES William Henney - 26990 Edgewood Road Public portion of the public hearing opened at 7:35 P.M. Mr. Bill Henney, a resident of Tonka Bay, introduced himself and explained that he would like to build a home on the lot at 26990 Edgewood Road. The Property is very substandard in relation to the R -1A zoning district in which it is located. It is only 50 feet wide and 10,950 square feet in area. Mr. Henney has requested approval for a conditional use permit to develop a substandard lakeslhore lot; a variance to lot area and width requirements (the lot does not meet) at least 70 percent of the width and area requirements for the R -1A district); and a side yard setback variance (a total of 30 feet is required with no less than 10 feet on any one side). Mr. Henney stated that the proposed house will meetlthe 50 foot lakeshore setback. The applicant has submitted a letter citing areas of hardship to justify his request. He said that no adjacent land is available to add to the size of the property. He said he is in the process of obtaining a Shoreland Impact Plan which will show grading, erosion control, existing and proposed vegetation and land caping. Planner Nielsen said that because of the fact that the Shoreland Im act Plan is still pending, that the DNR needs to be notified, and the fact that Attorney Froberg's legal opinion has just been made available to the Commission tonight, he suggests that the public hearing be continued to January 20th. I Minutes Planning Commission Meeting January 6, 1987 William Henney C.U.P. /Variances, continued: David Garber, 26980 Edgewood Road, said he is opposed to the request! because it would not do anything for the aesthetics of area or property values, and the lot is very substandard. He brought written statements from some of his neighbors with him and submitted them to the Commission: Carol Regan, 27090 Edgewood Rd, is against construction of a house on the lot. Charlotte A. Marcelius, 27015 Edgewood Rd, opposed — feels houses already too close together in this area. Ron Ofstead (parents are part owners of the lot) said his parents bought the lot 'as buildable and paid taxes on it all these years, but not so that the neighbors would have a view of the lake. Jane Riter, 26885 Edgewood Rd, moved to Shorewood for the large lotsj. Phyllis Lovrein (part owner), feels home would improve the lot. Mike Fonte, (across street from lot), said he enjoys the view of the lake that the lot provides. Henry Riter, 26885 Edgewood Rd, asked for the minimum lot area requirement. Planner Nielsen said it is 40,000 sq.. ft. for the R -1A district. Mike Fonte, asked if when the sewer was assessed was the lot then considered buildable. Planner Nielsen said that prior to 1985rbefore adoption of the current Zoning Ordinance, a lot of record (existing prior to Ordinance) was considered buildable as long as any structure met building setbacks, there was no minimum' area requirement. In other words, two years ago, there would not have been a public hearing required for this request. Warren Clague, 26930 Edgewood Rd, said he would personally rather hajve the lot left vacant. However, as a property owner he feels the City is liable f r causing the lot to become unbuildable as a result of zoning changes, etc. He f els the City has the obligation to either pay the owners for the value of the lot or grant the request. i Bill Henney noted that 11 out of 20 of the lots noted in the Planner's report (Site Location map) aresubstandard in area. Sharon Murphy, 26980 Edgewood Rd., in reference to lots built upon prior to adoption of current zoning regulations, how were zonijlg,; requirements set up? Planner Nielsen explained that the Shorewood Zoning Ordinance is a combination of City and -State DNR requirements. Some districts have been.changed to better conform to existing land use. Chair Leslie said that zoning amendments are thoroughly studied by the Planning Commission before a public hearing is seta Jane Riter, said it seems that policy— setting is really the issue here. — 2 — Minutes Planning Commission Meeting January 6, 1987 William Henney — C.U.P. /Variances, continued: Public portion of the public hearing closed at 8:04 P.M. Spellman moved to recommend to Council denial of the request. Chai Leslie called the motion out of order due to the fact that the Commission had pre =act usly decided to continue the public hearing pending submission of the Shoreland Plan, DNR notification, and study of the legal opinion submitted by Attorney Froberg. Watten moved, seconded by Mason to continue the public hearing to t e Planning Commission meeting of January 20, 1987. Motion carried by Roll Cal Vote — 5 ayes, 1 nay (Spellman). Schultz suggested that adjoining property owners consider co— purchasing the property for their private use. Mason agreed. Watten said he would prefer to uphold the zoning ordinance standards, but the owners do have a right to the value of their property. 7:45 PM PUBLIC HEARING — SETBACK VARIANCE Robert Norenberg - 27470 Pine Bend Public portion of the public hearing opened at 8:16 P.M. The Norenbergs would like to add onto their house by extending the east end 32.5 feet along the building line which currently exists. The house is 19 feet too close to the r.o.w. of Pine Bend and a variance of 19 feet is being requested. Public portion of the public hearing closed at 8:17 P.M. without comment. Spellman moved, seconded by Benson to recommend to Council approvaljof the variance subject to the Planner's recommendation that the resolution approving the request specifically state that no future construction be allowed within th 20 foot buildable area on the south side of the lot. Motion carried unanim usly. This request will appear on the January 12th Council agenda. SIMPLE SUBDIVISION David Albrecht — 5860 Eureka Road Mr. David Albrecht was present to request approval to subdivide his two lots. The subdivision is in conformance with Shorewood's zoning requirements. property into and subdivision Spellman moved, seconded by Benson to recommend to Council approval'of the subdivision subject to the Planner's recommendations: 1. The applicant must convey 8.5 feet of street r.o.w. across bothlots. 2. The applicant must provide drainage and utility easements 10 fe t on each side of all side and rear lot lines for both lots. 3. A park dedication fee of $500 must be paid prior to release of the Council resolution approving the division. — 3 — Minutes Planning Commission Meeting January 6, 1987 David Albrecht — Simple Subdivision, 4. The applicant must submit a title opinion (up —to —date within 30,days) for review by the City Attorney. continued: 5. The applicant must provide new legal descriptions for the two now lots and the required street r.o.w. i 6. The above — mentioned must be completed within 30 days of the Cou cil's approval of the request. Once the applicant has received the resolutionlapproving the division, he must record it within 30 days. i Motion carried unanimously. This request will appear on the January 12th Council agenda. APPOINTMENT OF CHAIR Chair Leslie recommended Vern Watten as Chairperson for 1987 and she offered to serve as Vice — Chair. Spellman moved, seconded by Mason to appoint Vern Watten as Chair, and Janet Leslie as Vice —Chair for the year 1987. Motion carried unanimously. MATTERS FROM THE FLOOR i Joe Gorecki appeared to say that the corner curb at Howards Point Road and Smithtown Road comes out into the street too much and seems dangerous. Staff will look into this matter. I Watten expressed for the Planning Commission, staff and Council the appreciation of the excellent job Chair Leslie has done for the past two years. Council Liaison Stover reported on the Corridor Study and Wild DucklAddition, Outlot A. ADJOURNMENT Janet Leslie reported that she will not be able to attend the next Planning Commission meeting of January 20th. Watten moved, seconded by Leslie to adjourn the meeting at 8:49 P.M Motion carried unanimously. Respectfully submitted, Patti Helgesen Planning Assistant — 4 — CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 575$ COUNTRY CLUB ROAD TUESDAY, JANUARY 20, 1987 7:30 P.M. M I N U T E S CALL TO ORDER Acting — Chair Benson called the meeting to order at 7:39 P.M. I ROLL CALL I Present: Acting —Chair Benson; Commissioners Mason, Schultz, and Spellman; Council Liaison Stover; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioners Leslie (vacation), and Watten (ill). APPROVAL OF MINUTES Commission members did not receive the minutes of the previous meeting in their packets, therefore approval of same is deferred to the next meeting PUBLIC HEARING — CONDITIONAL USE PERMIT AND VARIANCES — CONTINUATION FROM 6 JANUARY 1987 William Henney — 26990 Edgewood Road Public portion,of the public hearing re— opened at 7:40 P.M. Planner Nielsen reported that since the meeting of January 6th the $ horeland Impact Plan has been received, the DNR has submitted written comments stating no specific objection, and the Commission has had time to review the Attorney's'Ireport. In reference to the Shoreland Impact Plan, Planner Nielsen further recommended that a silt fence or hay bales be installed to prevent erosion into the �iake. As a result of further investigation, the City Attorney reports that this lot has been used for dockage over the years, and the dock which currently exists and its use has been grandfathered —in. Mark J. Ayotte, attorney representing neighbor David Garber, said it appears that the applicant would be creating his own hardship. Mr. Ayotte then read and submitted a letter from James R. Koss who objects to the request because of lot width and would like to see the zoning regulations upheld. Also submitted was a petition of opposition signed by 18 residents Tong Edgewood Rd. Gene Ofstead (son of co— owner) said he feels a hardship does exist �or the owners. The lot was purchased as buildable, the sewer was assessed against buildable lot, and the Commission has granted variances for smaller lots. Bill Henney (applicant) reminded the Commission that a building permit would have been issued just two years ago, and the owners have done nothing toi, change the lot. Mike Fonte, 26915 Edgewood Rd, said he would prefer that a home notibe built on the lot, but he believes the owners should be reimbursed the full value of the lot if they are unable to develop it. E3 i Minutes Planning Commission Meeting January 20, 1987 Benson acknowledged a letter from Dana and Charlotte Marcelius, 270.5 Edgewood Rd in which they rescind their earlier objection. Also acknowledged w�s a letter submitted by Helen Langer, 2`7150 Edgewood Rd stating no objection. Public portion of the public hearing closed at 8:00 P.M. Mason asked if the neighbors have talked aboutcz� purchasing the loth Mr. Ayotte said that in April of 1984 an offer was made to David Garber and He b Mason to sell the lot, but negotiations .were never carried out. Spellman moved, seconded by Benson to recommend to Council denial o the conditional use permit and variances as requested. Schultz said he doesn't feel the Commission can ignore that the City is obligated to allow the owners to have advantage of the value of the lot as thJry originally bought it. Benson cited the Jabs request where the applicant was forced to combine his previously assessed, substandard lots, in order to build on one. Stover read a statement by Attorney Froberg which said that if the 'equest is denied because the proposal is incompatible with the surrounding community then the sewer assessment should be refunded with interest, the dock use sho Id be allowed as grandfathered —in, and the lot could be sold with the dock use. Motion to deny was split,by Roll Call Vote — 2 ayes (Benson, Spellman) — 2 nays (Mason, Schultz). At the request of the applicant this item will appear on the Councii Agenda for the meeting on February 9, 1987. . 7:45 PM PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A SELF — STORAGE FACILITY Manitou Properties, Inc. — 5620 Manitou Road Public portion of the public hearing opened at 8:16 P.M. John Smith, Smith Architects, gave a brief recap of the proposal tolbuild a self — storage facility at 5620 Manitou Road. His illustration showed an pproximate. acre of land at the front (east) of the site reserved for future commercial development (type unknown at this time). Mr. Smith showed how the drainage would be served by pipes collecti$�g and channeling run —off water to a retaining pond at the west end of the building. He said the grading of the driveway has been revised at the Planner's request. One resident asked about the height of the walls around the facilit, said the walls would be 5 to 8 feet from the ground at the north eni feet at the south end because of the grade. She also asked if there and Mr. Smith told her yes, an attached roof will be installed. — 2 — Mr. Smith and 8 to 12 will be a roof, • s r� Minutes Planning Commission Meeting January 20, 1987 Manitou Properties, C.U.P., continued: A property owner to the northwest asked about lighting and what his view of the building would by like. Mr. Smith replied that the lighting is a v ry low voltage, and with the trees which will remain, he possibly won't even be abl to see the walls of the building. The neighbor said he is concerned about his treesldying from the drainage run —off. Jim Beal, representing Clair and Jan Towne of 24740 Smithtown Rd, q estioned if there would be any barrier around the ponding area for safety purpo es. Mr. Smith said that none is planned. A letter of objection from the Townes w4s also submitted - to the Commission. Public portion of the public hearing closed at 8:55 P.M. Spellman moved, seconded by Benson to recommend to Council approval',of the conditional use permit subject to all recommendations in the Planner's report including the recommendation that no further access (to the south) be allowed onto County Rd. 19. Schultz asked for clarification of signage. Mr. Smith said the size and design of the signage has not yet been determined. Planner Nielsen said the Ordinance places restrictions on signage. Planner Nielsen clarified that, as noted in his report, the facility is to be used for storage purposes only. Mr. Smith said it is stated in the renter's contract that no other use (cleaning equipment, repairs, etc.) will be allowed on the site. Motion carried unanimously by Roll Call Vote. 8:00 PM PUBLIC HEARING — CONDITIONAL OFFICE AT CITY HALL Shorewood City Council — 5795 Country USE PERMIT FOR EXPANSION OF AD$INISTRA Club Road Public portion of the public hearing opened at 9:13 P.M. Planner Nielsen pointed out the issues currently not meeting Shorew od's own zoning requirements such as outdoor storage, inadequate parking setbacks, e�c. Also presented were slides showing examples of the nonconformities to current zoning, and then areas of proposed improvement. Andrew Marshall (attorney representing neighbors Peter Royse, William Wrede, and Joann Carroll) said that the City would be in violation of Subd. 1(d)(1)(c) -of Section 200.04 of the Shorewood Zoning Ordinance by converting the house at 5795 Country Club Road to offices. Specifically, it would adversely affect the property values of the neighboring residential properties. Mr. Marshall has submitted an appraiser's evaluation stating such depreciation. Peter Royse, 5825 Country Club Road, asked if the City ever explore the different costs of alternative options for expansion of the City offices, suc� as remodeling the basement. Stover referred to the staff report by Administrator Vogt which covered the various estimates, and staying at ground level was least expensive. Jim Haute, Echo Rd, questioned the costs of the various options. — 3 — Minutes Planning Commission Meeting January 20, 1987 6 City Hall Expansion, continued: Joann Carroll, 5815 Echo Rd., asked the City to consider moving the Council Chambers to the basement and remodel the current Chambers. Or expand to the north and move the metal public works buildings off the site in order to accommoda e required parking. Jack Brancel, 25785 Sunnyvale Lane, said he thinks it would be a real waste of space not to use the basement. Public portion of the public hearing closed at 10:01 P.M. Spellman moved, seconded by Mason to re —open and continue the publi� portion of the public hearing to the next Planning Commission meeting of February 3, 1987. Motion carried unanimously. SUNGOLD HOMES — HOUSE MOVING PERMIT Jim Funk — 6115 Riviera Lane The applicant, Jim Funk, was not present. Sungold Homes, Inc. would like to move a manufactured home onto an 4cre+ lot located at 6115 Riviera Lane. The house will exceed the setback requiremen s for the R -1A district. A detached two -car garage will also be located.forward o the house, •approximately 168 feet from the street. The surrounding neighbors are. very concerned about the affect a manuf 4ctured home will have on their property values. They have been seeking ways to'ibar the home from coming into their neighborhood, and have learned that they must go to the legislature to change the laws which allow manufactured homes to be'Itreated the same as custom built single— family dwellings. Planner Nielsen brought to the attention of the Commission the possibility of amending the Zoning Ordinance so that it provides for regulation of roof pitch. This would make moving of manufactured homes more difficult. Commission discussed the enforceability of placing restrictions on design (prohibiting flat roofs). Schultz moved, seconded by Spellman to recommend to Council approval: of the house moving permit. Motion carried unanimously. Benson moved, seconded by Spellman to initiate action of a minimum lope requirement (of roofs) in the Zoning Ordinance, and for Planner Nielsen to inve tigate other communities' action regarding mobile homes with a legal opinion of ame. Motion carried unanimously. • A public hearing for an amendment to the Zoning Ordinance regarding roof pitch will be scheduled for the February 17th Study Session. — 4 — CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 3 FEBRUARY, 1987 M I N U T E S CALL TO ORDER Chair Watten called the meeting to order at 7:33 P.M. COUNCIL CHAMBERS 5755 ,COUNTRY CLUB ROAD 7:30 P.M. ROLL CALL Present: Chair Watten; Commissioners Mason, Schultz, Robertson, Leslie (7:35 P.M.), Benson (8:42 P.M.); Council Liaison Stover; Planner Ni lsen; Planning Assist. Helgesen. Absent: Commissioner Spellman {vacation). APPROVAL OF MINUTES Schultz moved, seconded by Mason to approve the minutes of 6 Januazjy and 20 January, 1987 as written. Motion carried unanimously. 7:30 PM PUBLIC HEARING - SETBACK VARIANCE William Anderson - 5785 Howards Point Road Public portion of the public hearing opened at 7:34 P.M. Mr. Anderson was present to request a setback variance to construct a dining room and family room addition on the southeast corner of his existing house, which is 20 feet closer to the street r.o.w. than the 50 feet required for the R -1A zoning district. Section 200.03 Subd. lk. of the Shorewood Zoning Ordinance provides for the expansion of nonconforming, single- family structures under certain conditions. One of these conditions requires that where a structure is too close to a lot line, the City may require that the discrepancy be made up by enlarging the opposite required yard space. In this case the rear yard setback would have to be increased to 70 feet. Mr. Anderson is requesting a setback variance to thislcondition. Planner Nielsen indicated that this area on Howards Point Road would be more appropriately zoned if it were R -1C, and said that this should be considered with future development. Public portion of the public hearing closed at 7:38 P.M. Leslie moved, seconded by Mason to recommend to Council approval of the setback variance. Motion carried unanimously. This request will appear before the Council on 9 February, 1987. 7:50 PM PUBLIC HEARING - CONDITIONAL USE PERMIT AND SIMPLE SUBDIVISION Joe Gorecki for Carlson Clipper Corp. - 6140 Lake Linden Drive Public portion of the public hearing opened at 7:50 P.M. Mr. Joe Gorecki, representing Carlson Clipper Corp. was present to! request a conditional use permit to convert the house located at 6140 Lake Linden Drive into office space use. They would also like to divide the lot into two.; The proposed division has not changed from that which was approved in 1985, but , which the owner failed to record. Minutes Planning Commission Meeting 3 February, 1987 6 Carlson Clipper Corp. - CUP & Subd., continued: Planner Nielsen said a site plan drawn to scale and a landscape plan still need to be submitted by the applicant. Mr. Gorecki and Mr. Richard Carlson (owner) said that they will co�ply with all of the Planner's recommendations. Bill Anderson, 5785 Howards Point Rd., said that he thinks that anything done to the house would be an improvement. Public portion of the public hearing closed at 7:59 P.M. Watten said that he believes the design will be quite compatible with the residential character of the area, but the architectural construction should be closely observed. Mr. Carlson was asked about office type use and marketability. He responded that he has no ideas now about the type of offices, but presumes that they will be business offices. He has not done a market study, but hopes that the charm and character of the design will attract tenants. Leslie moved, seconded by Mason to recommend to Council approval of the conditional use permit and subdivision subject to the Planner's recommendationsjl: 1. The applicant must submit an up -to -date (within 30 days) titlelopinion. 2. The applicant's attorney must provide drainage and utility easements along side and rear property lines. He must also prepare cross- easementsjand a maintenance agreement for the joint driveway. These must be approved by the City Attorney. 3. Park dedication fees must be paid prior to release of the Council resolution approving the request. 4. The division must be recorded within 30 days of the date the applicant receives the resolution approving the division. 5. A professional landscape plan must be submitted. The suggestions made in B.I. of the Planner's Report can be shown on this plan. 6. The applicant should be required to submit construction estimatj,es for the costs of rennovating the building and constructing the required improvements. Prior to issuance of a building permit, financial capability to complete the project must be demonstrated. 7. Prior to issuance of a building permit, the applicant must submit a nonrevocable letter of credit for one and one -half times the amount of required site improvements (e.g. landscaping and parking). 8. Prior to issuance of a building permit, construction drawings, prepared by a registered architect, must be submitted. From these, exiting �,nd handicapped requirements can be determined. 9. Signage plans should be prepared in compliance with Section 200.03 Subd. 11 of the Shorewood Zoning Ordinance. . Motion carried unanimously by roll call vote - 5 ayes. This request will appear before the Council on 9 February, 1987. - 2 - u Minutes Planning Commission Meeting 3 February, 1987 8:00 PM PUBLIC HEARING - PRELIMINARY PLAT - SHOREWOOD OAKS Shorewood Oaks Development, Inc. N. of Hwy 7 & E. of Strawberry Lane i Public portion of the public hearing opened at 8:07 P.M. Planner Nielsen explained that this plat was given final approval in July of 1985, but because of personal setbacks on the part of the developer, Mr.iDave Johnson, the plat was never recorded. Since the Subdivision Ordinance requires plats to be recorded within a specified period of time, Mr. Johnson must repeat the platting process, including the public hearing. I Mr. Johnson said there has been no change made to the plat. Public portion of the public hearing closed at 8:10 P.M. Schultz moved, seconded by Leslie to recommend to Council approval of the preliminary plat. Motion carried unanimously. This request will appear before the Council on 9 February, 1987. 8:10 PM PUBLIC HEARING - REVISED PRELIMINARY PLAT - NEAR MOUNTAIN P4. U.D. Lundgren Bros. Construction - S.E. corner of Near Mountain P.U.D. Public portion of the public hearing opened at 8:12 P.M. Peter Phlaum, President of Lundgren Bros., presented a history of the project. He said they would like to revise the plat which currently shows 67 townhouse units to instead have 36 single- family units. He said the main reason for the revision is because of marketability. Single - family units at that location will also blend with the overall project better. j Planner Nielsen pointed out that there will be a loss in Park Dedicjation fees as a result of this change, in the amount of $15,000. He said the ParklCommission reviewed this request last night, and they are not concerned with the loss in !revenue since there will be less demand on Silverwood Park. Public portion of the public hearing closed at 8:28 P.M. Schultz asked if the mixed residential use of this project is consistent with the Comprehensive Plan. Planner Nielsen said it is very consistent. Mason asked if this change will affect the drainage plan. Rick SatJhyre said the existing drainage plan will not be disturbed. Leslie moved, seconded by Mason to recommend to Council approval of the revised preliminary plat. Motion carried unanimously. This request will appear before the Council on 9 February, 1987. - 3 - r� Minutes Planning Commission Meeting 3 February, 1987 8:20 PM PUBLIC HEARING — CONDITIONAL USE PERMIT — CITY HALL /BADGER SPARK IMPROVEMENT PROJECT — CONTINUED FROM 2O JANUARY 1987 Shorewood City Council 5795 Country Club Road Public portion of the public hearing re— opened at 8:35 P.M. Planner Nielsen gave a review of his previous presentation which addressed the issues currently needing attention, such as parking, landscaping, outdoor storage, etc. on the City Hall and Badger Park properties. Hamilton May, 5765 Echo Road, stated that the Commission must take into consideration the adverse affect which the proposed use of the house would have on the surround- ing residential property. He said the Commission cannot allow a variance from the zoning ordinance to depreciate surrounding residential property values. He said that expanding the existing building must be less expensive than rennovating the house next door. He stated that there will be litigation if the CUP to convert the house next door is approved. Schultz asked Mr. May what elements would be considered detrimental] to the surrounding residents. Mr. May said that office use will depreciate residential property values and that is the first concern. He said there is concern that a Police Department could still end up in the house in the future. Watten asked if the combined square footage and relative parking requirements would necessitate any additional parking behind the house. Planner Nielsen said that if it weren't for the garage needing paved access, there would be no parking proposed behind the house. William Wrede, 5830 Echo Rd., said he is convinced the proposed parking space will eventually destroy the old Willow tree behind the house. Planner Nielsen said that-the Park Commission reviewed the propose improvements at their meeting last night. They are not concerned with the use f the house, but did approve the improvements to the park property. Peter Royse, 5825 Country Club Road, said that when the Police Depth. issue was being discussed, it was indicated that the house had potential to be used for Police Dept. use. Planner Nielsen responded that staff would never recommend such use. Any Police Dept. activity would have been maintained at the existing City Hall site. Mr. Royse also commented that he is concerned that promises won't be kept. The area residents protested originally to the current City Hall building and they were made promises that have not been upheld. Watten suggested that a compromise could be made with the residents) by removing the shed and eliminating any parking on the house site. He said there could be conditions placed on the use since this is a C.U.P. request. Benson said he feels this plan is a "band —aid" approach to space prjoblems and that it is time to plan better for the future. He suggested that a "neutral" outside consulting firm be hired to provide an overall plan for space needs of the City Hall, • Public Works, and Badger Park for long —range use. — 4 — Minutes Planning Commission Meeting 3 February, 1987 City Hall /Badger Park Improvements, continued: Joann Carroll, 5815 Echo Road, thanked the Planning Commission for being so open and direct about this issue. Nancy Clawson, 5720 Echo Road, said that if the City doesn't even clean up its own yard, how can the residents believe the house will be maintained. Leslie cautioned that an overall plan by an outside firm could lead to more Public Works buildings, rather than offices with such a residential character. Watten said he agreed with Benson for an overall plan, but said there is an interim need for space with a limited budget to work with. There could be a condition placed on the house which would revert it to residential use when such a plan takes effect. Stover said that the Council had requested Planner Nielsen to specifically prepare a plan using the house next door shown as office use and how this ould work into the entire area. Public portion of the public hearing closed at 9:52 P.M. The general consensus of the Planning Commission was that an outside: consulting firm should be hired to perform an overall, long -range plan, which may tesult in relocating either Public Works or the City Hall offices. Schultz moved, seconded by Benson to recommend to Council that the ''conditional use permit not be granted. Motion carried by roll call vote - 5 ayes 1 nay (Watten). MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover reported that the house moving permit for S4ngold Homes was tabled because they were not bonded or insured. ADJOURNMENT Benson moved, seconded by Leslie to adjourn the meeting at 10:35 P.IM. Motion carried unanimously. Respectfully submitted,, Patti Helgesen Planning Assist. t - 5 - u CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 3 MARCH 1987 M I N U T E S CALL TO ORDER COUNC 5755 7:30 Chair Watten called the meeting to order at 7:36 P.M. ROLL CALL Present: Chair Watten; Commissioners Robertson, Benson, and Schul Stover; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioners Leslie, Mason, and Spellman (all excused). APPROVAL OF MINUTES Schultz moved, seconded by Benson to approve the minutes of 3 Feb Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - C.U.P. AND SETBACK VARIANCE CHAMBERS NTRY CLUB ROAD ?.M. ; Council Liaison 1987 as written. Metropolitan Waste Control Commission - 6198 Lake Virginia Dr. (Lk. Virginia Lift Station) Fred Stenborg of MWCC was present to represent the application. He introduced Bob Schunicht of Bonestroo, Rosene, Anderlik Engineering firm, who explained their reasons for expansion. The additional space will accommodate six new pumps and other equipment •which will increase the wastewater flow out of Shorewood to the Lake Ann Interceptor in Eden Prairie. The new system will triple the flow capacity and avoid overflow problems in Shorewood. The lift station property is located in the R -lA zoning district, which requires a conditional use permit for governmental and public regulated utility buildings. They have also requested a front yard setback variance of approximately 12 feet citing the location of existing equipment and poor soil conditions to the west of the existing building as reasons for the variance request. Bob Russek, Project Architect, presented a detailed site plan including landscaping, as well as a rendering of the proposed building. He said they also plan to move a section of the existing chain link fence 20 feet to the north and plant ivy Ion it. Public portion of the public hearing opened at 7:48 P.M. Jean Weiss, 6175 Lake Virginia Dr., asked how much increase in size is proposed. Mr. Russek said the building will increase to twice its current siz . Dan Baasen, 27415 Maple Ridge Lane, said he is concerned about noise what the decibel level will be. Mr. Russek said that they are putti of pumping system than that which is is currently there. They will speed pumps which have a gradual buildup. Noise levels should not i they are now. Mr. Baasen asked for clarification on the location of building. He was told that the portion of the building which would •setback was toward the road. Mr. Baasen said he would like to see a the projected noise level and any other affects this expansion will neighborhood. levels and asked ig in a diffent kind oe using six variable icrease from what the variance for the encroach on the ore information on have on the Minutes Planning Commission Meeting 3 March 1987 Jean Weiss asked what affect these changes will have on the odor pr blems which the neighborhood has experienced in the past. Mr. Schunicht said that he carbon exhaust 'filter needs to be changed regularly to avoid odors, although the proposed improvements will not have a direct effect on that. !I Public portion of the public hearing closed at 8 :04 P.M. Planner Nielsen referred to the Issues and Analysis in his report and reviewed its contents for the audience. Schultz asked what possible alternative the MWCC has to expanding the Lift Station. Mr. Stenborg said that the entire Metropolitan system would have tobe changed. Schultz asked if they had considered "shell houses" and if there will be any decrease in the noise level. Mr. Russek said that they had just completed a shell house in Wisconsin, but the soil conditions on this site are not suitable fox, any further load. He said that noise levels should decrease because of additional roof insulation plus the new addition will shield the pumps from the neighborhood. The pumpE are below ground level as well. Watten asked what roof system they are planning to use. Mr. Russek said the roof will be concrete planks. The whole building is masonry. Schultz said he would like to see additional recommendations to that listed in the Planner's report to include a plan to decrease noise levels and a s lution to the odor control problem. He said he would also like to see evidence of a r gular maintenance schedule. • Schultz moved, seconded by Robertson to recommend to Council approv 1 of the C.U.P. and setback variance subject to the Planner's recanmendations plus the �.pplicant's submission of detailed plans to deal with the noise emitted from the pumps and a regular schedule of maintenance. Motion carried unanimously. This item will appear on the Council agenda of 9 March 1987. 7:40 P.M. PUBLIC HEARING - C.U.P. - SPECIAL HOME OCCUPATION Michael Buechlein - 23120 Summit Avenue Public portion of the public hearing opened at 8 :24 P.M. Mr. Michael Buechlein was present to request a special home occupation permit so that his wife may operate a hair salon in the lower level of their house. H said they have a very long and wide driveway so that there will be no need for on-street parking. Public portion of the public hearing closed at 8:25 P.M. without comment. Schultz asked about outside employees and advertising. Mr. Buechle *n said that there will be no outside employees, and their advertising plans include p 3marily word of mouth, the Yellow Pages, and a mailing notice to existing clientele, Planner Nielsen stated the requirements of the C.U.P. Ordinance by reading the general provisions for home occupations, and the specific provisions for a Special home • occupation permit. Schultz moved, seconded by Benson to recommend approval of the C.U.P. for a special home occupation permit. Motion carried unanimously. -2- Minutes Planning Commission Meeting 3 March 1987 •7:50 P.M. PUBLIC HEARING - CONCEPT AND DEVELOPMENT STAGE - P.U.D. Shorewood Place Apartments - S.W. corner of Glen Rd and Co. Rd. 19 Mr. Mark Steingas, representing Shorewood Oaks Partnership, Inc. pr sented their request for concept and development stage approval for a Planned Unit Development. He explained that they would like to build an eighteen -unit apartmenit complex. The site is located in the R -3A zoning district which allows multiple - family structures with four dwellings per unit. They would like to build eighteen dwellings in one structure and are therefore requesting a rezoning to P.U.D. Public portion of the public hearing opened at 8 :36 P.M. Bob Gagne, 24850 Amlee Rd., said that since the Co. Rd. 19 corner i� such a disaster, he would like to see anything which goes in that area to a first class. He referred to the Excelsior apartments area as an example of how wood garages can look when they are not maintained. Mr. Gagne also stated concern that the number of parking spaces may be inadequate at two spaces per unit. Planner Nelsen said the Fire Marshall reported that parking should not be allowed along the entry drive. Jerry Beckman, project engineer, responded to a question regarding rainage, saying that the drainage will be accommodated by a ponding area and they have already obtained Watershed District approval. Planner Nielsen said that thE City Engineer has submitted his review of their drainage plans, but apparently di not have the runoff calculations at the time of his review so the City has yet tc receive his complete evaluation. •Ann Packard, Lake Fellowship Church, asked about building height and driveway access. Mr. Steingas said the building will be 2 1/2 stories tall and the access will be onto Co. Rd. 19. Jan Wells, 24695 Glen Road, asked if there will be any restrictions',as to who can rent the apartments and about the rental management system. Mr. Steingas said that they will place no restrictions on who may rent, but the rental price tends to determine who will live there. They will not have an on -site rental management. Management is handled by their downtown office. Mr. Gagne asked where they are planning to get their water and if there will be a sprinkler system installed. Mr. Steingas said they plan to drill alprivate well and do not have plans for sprinklers. Public portion of the public hearing closed at 8:55 P.M. Watten asked if all setbacks are in compliance with the Zoning Ordinance. Planner Nielsen said that all setbacks meet or exceed the zoning requiremen s. Planner Nielsen reported that the Fire Marshall is requiring an 80 on the site and he suggests locating it at the southwest corner of also suggests that fire lanes be designated around the building. Mr. Gagne asked if there would be a sprinkler system were they able municipal water. Mr. Steingas said no, they would not. 0 - 3 - of turn- around e property. He to obtain Minutes Planning Commission Meeting 3 March 1987 iWatten asked if the ponding systems which collect drainage starting Road are connected. Planner Nielsen said that yes, the American Le which is piped to the pond for Manitou Properties, which will be ov accommodate runoff including that which comes from the shopping cen t Smithtown on has a pond -sized to r to the east. Schultz questioned if the proposed 36 parking spaces will be adequa�e. Planner Nielsen said that 2 spaces per unit meets the Zoning Ordinance requirements. but there is concern that this will not be enough. Schultz said he would like to see added to the Planner's reccmmenda ions that any outdoor storage be prohibited; that additional parking be provided for another 8 to 10 cars; and that the Fire Marshall's recommendations be incorporated in written form. Woody Love, (Lake Fellowship Church) suggested that perhaps assigned parking spaces would help alleviate the potential parking problems. Benson moved, seconded by Schultz to table any recommendation to within 30 days in order to obtain specific data on outdoor storage, parking space, Fire Marshall's recommendations, and the City Engineer's approval of the runoff calculations. If all information is received in time, this matter will be discussed at the 17 March Study Session. Motion carried unanimously. 8 :00 PM PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - MINIMUM ROOF REQUIREMENTS FOR RESIDENTIAL DWELLINGS 0 Public portion of the public hearing opened at 9:25 P.M. As a result of a recent manufactured home permit approved by the City, the Planning Commission decided to study the Zoning Ordinance regulations on minimum roof slope in the hope of restricting the mobility of a manufactured home within the City limits. A draft ordinance was presented stating the following chan e: "(d) Have a minimum roof slope of four (4) inches in twelve (12) inches over at least eighty (80) percent of the principal structure. Exception: Dwellings constructed prior to (effective date of this Ordinance) and having a roof with a slope of less than fou (4) inches in twelve (12) inches are exempted from this requirement." Watten said he is concerned about placing restriction on architectural expression. The Commission decided to direct Planner Nielsen to compare Shorewood's Ordinance to that of other cities before completing their study. Schultz moved, seconded by Benson to continue the public hearing until a thorough review is completed by Planner Nielsen. Motion carried unanimously. FERNCROFT - REVISED SUBDIVISION (Addendum to Agenda) Mark Swedlund - N.E. quadrant of Minnetonka Blvd. and Ferncroft Rd •Planner Nielsen explained to the Commission that having been turned down by the Council for a street vacation and a land swap, Mark Swedlund has revised his preliminary plat to show three lots rather than four. The revised plat complies with all the requirements of the R -1D district. -4- Minutes Planning Commission Meeting 3 March 1987 The Commission discussed the reasons why the Council denied the str et vacation and land swap request. One reason was that it seemed unfair to locate public access next to the lot owner to the south. Watten said that something should be done with Lot 1. Planner Nielsen pointed out that Lot 1 could be sold to the lot owner adjoining it to the south, or the easterly most lot in the proposed subdivision. Schultz moved, seconded by Benson to recommend to Council approval f the subdivision. Motion carried - 3 ayes, 1 nay ( Watten). MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover reported to the Commission that the Council s currently asking them to study commercial sign advertising, and masseuse sery ces in the near future. Stover told the Commission that a majority of the Council is requesting a Finding of Facts for their recommendation to deny the conditional use permit f r the City Hall expansion project. There was some confusion as to what was actually being requested. Stover clarified that the Council is asking for an evaluation of the reasons for the denial based on criteria contained in the Zoning Ordinance as it •relates to conditional use permits, (such as adverse affect on property values, etc.). Ar%Tn77D?,I W?,VP Watten moved, seconded by Robertson to adjourn the meeting at 10:43 P.M. Motion carried unanimously. Respectfully submitted, Patti Helgesen Planning Assist. I � LJ -5- • CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 17 MARCH 1987 M I N U T E S CALL TO ORDER Chair Watten called the meeting to order at 8 :16 P.M. ROLL CALL COUNC] 5755 ( 7 :30 E Present: Chair Watten; Commissioners Robertson, Leslie, Schultz; Stover; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioners Benson (ill), Mason (out of town) and APPROVAL OF MINUTES CHAMBERS NTRY CLUB ROAD .M. it Liaison Commissioner Robertson reported that it was noted at the Council meeting that the Planning Commission minutes of 3 March 1987, page 5, last paragraph under "Reports" should show that a "majority" of the Council is requesting a Findin of Facts regarding the C.U.P. denial of the City Hall expansion project. Also on page 5 under "Reports ", the Council is currently asking the Planning Commission to prepare for study of commercial sign advertising. Study of mass se services will be a future request by the applicant seeking approval of same. Leslie moved, seconded by Robertson to approve the minutes of 3 Marc'Ih 1987 as corrected. • Motion carried unanimously. CONCEPT AND DEVELOPMENT STAGE APPROVAL - SHOREWOOD PLACE APARTMENTS P.U.D. - CONTINUATION FROM 3 MARCH 1987 Shorewood Oaks Partnership - S.W. corner of Glen Rd and Co. Rd. 19 In order to obtain additional information from the Fire Marshall and the City Engineer, as well as data on outdoor storage plans and parking space from the developer, the Shorewood Place Apartments P.U.D. recommendation was tabled at the meeting of 3 March 1987. Mr. Mark Steingas reported that as per the Commission's recommendations, they have provided nine additional parking stalls, which will be designated as guest parking in front of the building. The City Engineer's review states that the storm water ponding syst appears large enough to store the excess runoff and not allow any more discharge fter developement than occured prior to development. The Fire Marshall's report provides for four options of acceptable Eire Department access. Mr. Jack Dennis (applicant partner in management and leasi g) said that they have opted for the final recommendation which provides for a dry un lor erground watermain extending from Manitou Road and terminating at an on site fire hydr nt. He said they would prefer not to build an asphalt fire lane around the building aesthetic purposes. They would also prefer not to have to plow a fire lane aoIcess during the winter because it would destroy the grass. Minutes Planning Commission Meeting 17 March 1987 • Mr. Steingas pointed out that the spacing between the garages has be( accommodate a garbage dumpster and its pick up. They have also revif the garages by placing a brick facade on the north and east sides, w: south and west sides. n increased to ed the appearance of th siding on the In response to a question regarding runoff flow, and where the additional parking spaces will come from, Mr. Steingas replied that all runoff is directed to the pond, and a portion of the front lawn will be taken to accommodate the additiona parking. In reviewing the Planner's recommendations, Mr. Steingas reported th t outdoor storage will be prohibited. Leslie moved, seconded by Schultz to recommend to Council approval o the concept and development stage of the P.U.D., and to include the Fire Marshall's recommendation No. 4,i.e. "A dry underground watermain extending from Manitou Rd and teiminating at an on -site fire hydrant. Location of fire hydrant would be in a location approved by the Fire Marshall." Motion to approve also subject to the Planner's recommendations: 1. Continuous poured concrete curbing must be provided around parking areas and the driveway. 2. The site plan should be modified to include a 12' x 70' loading berth. 3. An enclosed dumpster should be located on the site plan. 1 4. The applicant must obtain an access permit from Hennepin County, prior to issuance of a building permit. 5. Outdoor storage should either be provided for on the site plan or prohibited altogether. 6. Construction limits should be shown on the grading plan and fenced on the property prior to the start of any work. 7. The applicant must provide a certified bid for the proposed landscaping. Prior to issuance of a building permit, a letter of credit must be provided. 8. The applicant must obtain any necessary easements from adjoining property owners. 9. The applicant must pay park dedication fees of $9000 prior to final approval of the project. 10. Cost estimates for the project and evidence of financial capability to complete the project must be submitted prior to issuance of any permit. Planner Nielsen said he is concerned that there be adequate turn-around space provided on the site and that the City Engineer should review the plan to assure same. The backing out of any vehicle onto Co. Rd. 19 is absolutely not acceptable. Leslie amended her motion to also include the above recommendation, econded by Schultz. Motion carried unanimously by roll call vote - 4 ayes. A second public hearing on this item is scheduled for the Council meoting of 13 April. MATTERS FROM THE FLOOR None. 0 - 2 - Minutes Planning Commission Meeting 17 March 1987 REPORTS Council Liaison Stover reported that all Planning Commission recomme4dations were approved at the previous Council meeting. Also discussed were the S�E. area water tower design; Henney lot - Finding of Facts; and road restrictions. Commissioner Leslie asked for the status of the burned -out house at 620 Manitou Rd. Planner Nielsen said that the owner has been notified that he has 30 days to demolish the building. Also discussed was Planning Commission member attendance. The Commission directed staff to compile a tally of attendence dating back at least one year. It was noted that the Commission needs to decide what degree of absenteeism is acceptable. Planner Nielsen said that the Commission may describe its own rules and regulations and recommend these for Council approval. City Hall Discussion Council Liaison Stover gave a brief history of the City Hall expansion concept. She said that more space is needed for City Hall offices as well as Public Works. The house next door was the least expensive approach to take for office space according to the estimates which were available at the time. Stover said that for purposes of better planning future requests on he expansion project, a majority of the Council would like the Planning Commissions reason for denying the C.U.P. •Schultz said his reason for denial was based on adverse affects on the residential property values. Watten said he voted for the C.U.P., but as an interim use only. Leslie said she feels there are too many demands being placed on too small a piece of property. Stover responded that it is not financially possible to expand all at once. ADJOURNMENT Schultz moved, seconded by Leslie to adjourn the meeting at 10:00 P. Motion carried. Respectfully submitted, Patti Helgesen Planning Assistant CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 7 APRIL 1987 M I N U T E S CALL TO ORDER Chair Watten called the meeting to order at 7:37 P.M. ROLL CALL COUNC L CHAMBERS 5755 OU NTRY CLUB ROAD 7:30 M. Present: Chair Watten; Commissioners Schultz, Spellman (7:39 P.M ), Robertson, Leslie, Benson, Mason; Planner Nielsen; Planning Assist. Helges n. Absent: Council Liaison Stover. APPROVAL OF MINUTES Leslie moved, seconded by Schultz to approve the minutes of March 17, 1987 as written. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - CONCEPT AND DEVELOPMENT STAGE - P.U.D. - RIDGEPOINT Lake Minnetonka Homes, Inc. - 250 ft. E. of Country Club Rd. & 150 4t. S. of Echo Rd. Mr. Richard Conry of Lake Minnetonka Homes was present to request a�proval of concept and development stage of a small planned unit development for 5.15 acre of land located approximately 250 feet east of Country Club Road and 150 feet southlof Echo Road. He •proposes to develop three single - family residential lots which will1be served by a private road. Mr. Conry explained that the only access to the site s a 66 -foot easement over two lots on Country Club Road. One of the existing driveways of the two lots will remain on the easement, creating a total of four driveways to the r ad. Shorewood Ordinance allows only three driveways to a private road, so rather ban request a variance for four driveways, the applicant wishes to process his re uest under planned unit development. Public portion of the public hearing opened at 7:45 P.M. Watten read a letter submitted by Vernice Randall, 5875 Country Club Road, which strongly objected to the proposal primarily because it was her understandinglthe easement was meant to serve only one property. Being the owner of one of the loss containing the easement, she also stated concern about not being contacted about h w the homeowner's association will operate or affect her property. She also stated i t would make more sense to consider using the vacated Hampton Lane off of Echo Road as access. Karen Siegman, 5775 Echo Road, said the vacated Hampton Lane site would go right through her garage. She is also concerned that the P.U.D. zoning might allow multiple- family in the future. Planner Nielsen defined Planned Unit Development for the audience, explaining that P.U.D. zoning gives the City much more control thanla simple subdivision. Ms. Siegman asked where the homes would be located on the lots. MrConry introduced the home buyers, himself being one, and said they do not plan on cutting into the lots any further than necessary. A 50 foot setback will be maintained. Minutes Planning Commission Meeting 7 April 1987 •Ilka Priest, 24020 Yellowstone Tr. (owns property abutting site on south end), asked about the rear yard setbacks. Planner Nielsen pointed out that a 50 foot setback applies to all rear yards as well as front yards, with 10 foot side yard setbacks. JoAnn Carroll, 5815 Echo Rd., asked for the main reason of the P.U.D� zoning. Planner Nielsen said that the primary reason is for access to four lots on t e easement. Planner Nielsen said that the City Attorney has reviewed the easemen and reported that it does not allow placement of utilities in it, and unless it is modified, they may not put utilities in the easement. The City Engineer has suggested an alternate use of the existing sewer line that is south and west of the property (Lot 79).! Alan Siegman, 5775 Echo Rd., asked how the 50 foot setbacks would bel, incorporated. Planner Nielsen said that they would be incorporated into the Development Agreement as well as the Protective Covenants which would be handed to the property owner along with the deed to the property. Jack Randall (son of Vernice Randall), said that his mother is conce ed about the traffic going by so close to her house. She also feels that the de loper should have talked to her before proceeding with the request. Strongly objects.'i Public portion of the public hearing closed at 8:02 P.M. Schultz asked for an explanation of the easement. Mr. Conry said thje easement was granted 15 years ago by the property owner at that time. • Leslie reviewed the Engineer's report with Mr. Conry who said he is (indifferent about where the sewer service is connected. Watten asked where the access would be located on the easement. Mr. Conry said they want a 24 foot wide surface and are indifferent to the exact location of it. They are willing to work with the neighbors on the location. Leslie asked how the P.U.D. relates to the road. Planner Nielsen replied that a P.U.D. provides for maintenance via a Homeowner's Association and its covenants. Leslie asked Planner Nielsen if he agreed with the lot line configu ation. Planner Nielsen said that from a planning standpoint, straightened lot line are preferred, even if it results in a slight variation from required lot widths. Lot Lines need to conform with drainage easements and topography as much as possible. Mr. Conry said that the buyers of the three lots would prefer the loft lines as proposed. Ilka Priest, (owns Lot 79 along southwest border) asked how they ca use her private property for sewer access. Planner Nielsen said it is a Metro sewe line and contains an easement along it. Benson moved, seconded by Spellman, that staff be directed to prepare a Development Agreement for a P.U.D., containing 50 foot front and rear yard setbalcks, and subject to the lot lines being straightened out. After some discussion regarding lot line . configuration, Spellman withdrew his second. - 2 Minutes Planning Commission Meeting 7 April 1987 . Ridgepoint P.U.D., continued: Schultz moved, seconded by Spellman to recommend to Council approval development stage of the P.U.D. containing 50 foot front and rear yal which existing vegetation not be disturbed. Motion also subject to 1 of utilities being resolved satisfactorily. Motion carried unanimouf - 7 ayes. A second public hearing on Ridgepoint P.U.D. will be scheduled for 27 April 1987. 7:45 P.M. PUBLIC HEARING - REZONING AND PRELIMINARY PLAT - BRENTRIDGE of concept and d setbacks within he issue of location ly by roll call vote Council meeting of United Mortgage Co. - 150 ft. E. of Howards Pt. Rd. & 250 ft. N. of �mithtcwn Rd. Mr. Wayne Tauer of Pioneer Engineering, is representing a proposal b United Mortgage Corp. to develop 25.9 acres of land located approximately 150 east o Howard's Point Road and 250 feet north of Smithtown Road. They are requesting that the zoning be changed from R -lA to R -1C in order to divide the property into 26 lots of 20 #000+ square feet each. Public portion of the public hearing opened at 8:45 P.M. Sally Brown, 5875 Howards Point Rd., presented Ron Helmer of United Mortgage Corp. with a notice of neighborhood petition to the Environmental Quality Board. She explained that the petition has been sent by certified mail to the Environmental Review Board who will in turn be sending their recommendations to the City. Mr. Tauer explained that usually Environmental Assessment Worksheetsj(E.A.W.) are done on developments with over 100 units and over 50,000 gallons of sewer flow per day. An E.A.W. would then determine if an Environmental Impact Statement (E.I.S.) is needed. Ms. Brown said Greg Downing of the Environmental Quality Board has ben advising her, and that Judy Boudreau of the DNR is also concerned with the perimeter o the wetland area. Susan Sano, 5685 Howards Point Rd., stated that she believes she speaks for her neighbors as she read her statement. She said she is concerned with the costsinvolved with this development - cost to the safety of the children and pedestrians froAl the traffic; cost to private well owners from the new municipal water installation; costs to the wildlife and the environment; and cost to the property owners when they try to sell their homes. She asked that the Planning Commission demand a plan with more imagination. Peter Holmberg, 5955 Cajed Lane, asked for clarification of the lot Line location of the project. Mr. Tauer pointed out that the rear lot lines do not encroach on the wetlands. Chuck Christian, 5905 Howards Point Rd., said his lot being located at the entrance of the south -end access, he will be surrounded by blacktop. He said he does not want to end up in the middle of a black top parking lot. Public portion of the public hearing closed at 9:01 P.M. 0 - 3 - Minutes Planning Commission Meeting 7 April 1987 Spellman moved to recommend to Council approval of the rezoning and �ack reliminary plat request, subject to the Planner's recommendations. Motion died for of a second. Mason asked what the problem with the originally proposed cul -de -sac was. Planner Nielsen said that one was too long. Watten suggested that the lot sizes be increased to 30,000 square feet. Their proposal seems too dense for the area. He also suggested that the proposed road. which runs parallel with Howards Point Rd and in a straight line through the project. be modified to decrease potential traffic speed. Schultz suggested to the developer that he come back with something ore creative in terms of number of lots, road design and lot layout. Benson moved, seconded by Mason to table any recommendation until th developer returns with a revised plat with lower density to the next regularly schedul d Planning Commission meeting of 5 May 1987. Motion carried unanimously. SIMPLE SUBDIVISION John Flesher - 22375 Murray Street Mr. Flesher presented his request for a lot line rearrangement between his property and his neighbor, Mr. Vernon Baumann's property to the west. Mr. Baumann's driveway is located partially on Mr. Flesher's property who would like to divideloff just enough land (1742 square feet) so that Mr. Baumann can obtain title to his driveway. • Mr. Baumann said that whatever the Planning Commission decides is okay with him as long as the matter is cleared up once and for all. He said he has been struggling with this problem for 9 years. Staff recommends that the simplest way to resolve the matter is for Mr. Flesher to grant his neighbor a permanent easement over the site. The second best solution is division of the land, but not as the applicant proposes. Staff recommends squar ng off the proposed lot lines around the driveway location, which would also bring the d iveway into conformance with required setbacks. William Soles, attorney for Mr. Flesher, said that they do not neces sarily object to squaring off the lot lines, but this would require another survey an a closing on the property is scheduled within the next two weeks. Schultz moved, seconded by Spellman to recommend to Council denial o the proposed subdivision with the suggestion that Mr. Flesher grant a permanent a sement to his neighbor for the driveway location. Motion carried by roll call vot - 6 ayes, 1 nay ( Watten). MATTERS FROM THE FLOOR Watten asked when the minimum roof slope public said he would try to have some materials ready hearing would continue. Planner Nielsen for the 21 April Study Session. The Commission agreed to study a tally of attendance at that time as well. 0 - 4 - Minutes Planning Commission Meeting 7 April 1987 0 Matters from the Floor, continued: Plans for a convenience store proposed by Architects Plus, Inc. to be located in front of Manitou Properties self- storage facility on Co. Rd. 19 was presented for directional feedback. Leslie said that if it weren't for the existing Tom Thumb and ICO gas station already in the area, she would feel positive about their proposal. Watten said he doesn't feel it would be conducive to the area. REPORTS None. An TnTTT?ATMT?'KTT Leslie moved, seconded by Robertson to adjourn the meeting at 10:19 P.M. Respectfully submitted, Patti Helgesen Planning Assistant - 5 - • CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 5 MAY 1987 M I N U T E S CALL TO ORDER Vice -Chair Leslie called the meeting to order at 7:34 P.M. ROLL CALL COUNCIL CHAMBERS 5755 C UNTRY CLUB ROAD 7:30 P M. Present: Vice -Chair Leslie; Commissioners Schultz, Spellman, Robe�tson, Benson and Mason; Council Liaison Stover; Planner Nielsen; Plan. As t. tielgesen. Absent: Commission Watten (notified). APPROVAL OF MINUTES Schultz moved, seconded by Spellman to approve the minutes of 7 Apri� 1987 as written. Motion carried unanimously. PUBLIC HEARING - REZONING AND PRELIMINARY PLAT - BRENTRIDGE - CONTINUATION FROM 7 APRIL 1987 United Mortgage Co. - 150 ft. E. of Howards Pt. Rd. & 250 ft. N. of thtown Rd. Pete Molinaro of Pioneer Engineering presented a revised plan of the Brentridge plat showing two fewer lots. However, he said that the costs involved now have made the revised plan infeasible and requested that the Commission base their recommendation on • the original plat containing 26 lots. Vice -Chair Leslie read letters submitted by the following residents: Mr. and Mrs. E. Neil Spaulding, 5525 Howards Point Rd., opposed both to the rezoning of the 26 acres to half -acre status and to the Brentridge Development i general as it is now presented, because of the increase in traffic and disturbance 4 wildlife. Susan Sano, 5685 Howards Point Rd., opposed to number of lots and their size, increased traffic, disruption of wildlife, and devaluation of surrounding properties. Mr. and Mrs. Mike Staber, 27280 Smithtown Rd., opposed because of increased traffic and disturbance of wildlife. Public portion of the public hearing was opened at 7 :40 P.M. Bill Gabby, 5705 Howards Point Rd., said they enjoy the open space, ven though theirs is a smaller lot. Jerry Brecke, 27450 Pine Bend Rd., said he feels a lot of thought welt into the original R -lA zoning. He stated that a variance request to add a deck on his home, which had neighborhood support, was denied. To approve a rezoning of the area inspite of neighborhood opposition would be inconsistent. ,Vince Sikorski, 5815 Howards Point Rd., said he would like to see the lots on the west side of the new road as wide as theirs. Minutes Planning Commission Meeting 5 May 1987 • Brentridge plat, continued: Val Gregerson, 5735 Howards Point Rd., opposed to that many houses. Kathy Anderson, 5785 Howards Point Rd., opposed to lot sizes. Sally Brown, 5875 Howards Point Rd., opposed to lot sizes and devel Phil Wartman, 5755 Howards Point Rd., opposed to number of homes. Pete Holmberg, 5955 Cajed Lane, should make the lots the same size roint Road. Dick Leavenworth, 28070 Woodside Rd., said he is a former Planning the philosophy then was to limit density. He said that a former s Shorewood residents wanted large lots. t in general. exists on Howards ission member and concluded that Public portion of the public hearing closed at 7 :47 P.M. Schultz noted that a rezoning request is a major issue to decide, an4 since the developer did not cooperate with the Commission on its suggestions for revision he could not recommend approval of the request. Schultz moved, seconded by Spellman to recommend denial of the rezon ng and preliminary plat approval. Motion carried unanimously by roll call vote - 6 aye . OThis item will appear on the Council agenda of 11 May 1987. 7 :40 PM PUBLIC HEARING - CONDITIONAL USE PERMIT - SILVERWOOD PARK P PHOUSE BUILDING City of Shorewood - Silverwood Park (Covington Road) Jim Norton, City Engineer, presented a site plan and drawing of the proposed pumphouse for the Silverwood Park location. He said the building is just a little larger than a single -car garage, will have cedar siding and cedar shakes, and appear very residential in character. The pumphouse will house the City's well and pump for the southeast area water. Public portion of the public hearing opened at 7 :58 P.M. Jim Beal, Manor Rd., asked about the costs of this project and who w� Mr. Norton said that the costs for the entire water project is about assessed against the developing southeast area who will benefit from Public portion of the public hearing closed at 8 :00 P.M. Mr. Norton explained that the lines of sight have been lowered so as views. There shouldn't be any problem with noise, especially since 1 distance between the pumphouse and any homes in the area. Spellman moved, seconded by Schultz to recommend approval of the con for the pumphouse. Motion carried unanimously. r. Norton said that the Park Commission has added additional landsc pumphouse for screening. - 2 - 11 be paying for it. $961,000 and will be it. not to obstruct :here is quite a tional use permit ing around the Minutes Planning Commission Meeting 5 May 1987 •7 :50 PM PUBLIC HEARING - CONDITIONAL USE PERMIT - MANOR PARK SHELTER BUILD City of Shorewood - Manor Park (N.E. corner of Manor Rd. and Suburbs Dr.) Planner Nielsen presented a site plan of the proposed shelter building for Manor Park. He explained that the building would serve as a warming house with an enclosed portion during the winter, and an open pavillion as a picnic area during thelsummer. He said that the Park Commission is planning to add landscaping to the park, and the proposed shelter is very residential in character and a fair distance from any homes in the area. Marty jakel, Chairperson for the Park commission was present and sai that this shelter is a major project for the Park Commission this year. Public portion of the public hearing opened at 8 :08 P.M. Public portion of the public hearing closed at 8 :08 P.M. without comment. Mason asked which end of the building will face the street. Mr. Jak�e1 said that the enclosed portion (warming house) will be seen from the street. Mason moved, seconded by Robertson to recommend approval of the conditional use permit. Motion carried unanimously. This item will appear on the Council agenda of 11 May 1987. 8 :00 PM PUBLIC HEARING - PRELIMINARY PLAT - TOWNE ADDITION William Ecoff - 24740 Smithtown Road *Mr. Ecoff was present and said he had nothing to add to the Planner's report except to report that he had reduced the number of lots to a total of nine rather than ten because he will combine lots 2 and 3 (lot 2 contains the existing dwelling). He said he plans to live in the existing dwelling himself. Public portion of the public hearing opened at 8 :10 P.M. Greg Suddendorf, 5695 Star Lane, asked how many total acres are involved and what the proposed minimum lot size will be. Mr. Ecoff said the existing parcel contains about six acres, and the minimum lot size requirement is 20,000. His lots range in size from 20,000 to 28,845 square feet. Dave Littlefield, 24775 Glen Rd., asked about the valuation of the homes that are planned. Mr. Ecoff said that at the entrance end of the cul -de -sac the price ranges would be $115,000 - 125,000, and at the end of the street they wouldl,be $145,000 - 180,000. Kathy Suddendorf, 5695 Star Lane, asked who will be building the homles. Mr. Ecoff said that he will be the builder and plans to build three per year. John Plonske, 24680 Smithtown Rd., asked why the plat showed a two -sl and why there had to be such a close proximity to his house (on adjo east). Mr. Ecoff said that a two -story house has a smaller perimete space. He told Mr. Plonske that he would design a house so as to le •possible between the two houses, and would even submit a building pl� applying for a permit for same. - 3 - :ory house on Lot 10 fining property to leaving more yard 3ve as much space as m to him before Minutes Planning Commission Meeting 5 May 1987 • Towne Addition, continued: Ed Bergslein, 24785 Smithtown Rd., said that the City would not all south of Smithtown Rd. several years ago, and doesn't feel its fair north. He said he is also concerned for the wildlife in the area. Dave Littlefield presented a petition of 59 residents opposing the half -acre lots o allow them on the vision. Jim Beal, 20295 Manor Rd., said that the proposed plat meets the City requirements to the letter, and that the City should abide by its own rules. He stated that he feels the development will add immeasurable value to the existing neighborhood'} Jan Wells, 24695 Glen Rd., said she is concerned about drainage. Ed Snyder, 24735 Glen Rd., asked what kind of water service will be provided. Mr. Ecoff said he will be putting in private wells. Jim Quast, 24800 Smithtown Rd., said that he had taken the petition around and didn't find anyone who was in favor of the project. Tom Story, Glen Rd., said that he is concerned about drainage and feels that the City should correct the problem. Jim Beal said that the drainage problem for the most part comes fromjthe shopping center in Tonka Bay. *Public portion of the public hearing closed at 8 :35 P.M. Spellman moved to recommend approval of the preliminary plat subjectlto the recommendations of the City Planner and Engineer, and the Watershed District. Also subject to drainage and utility easements being increased to 10 feetlon each side of side and rear lot lines. Benson seconded for discussion. Benson asked it the Engineer's report addresses the drainage concerns. Planner Nielsen said that the Engineer recommends that a retention pond be provided inside the addition andlthis should be shown on the grading plan. Motion carried unanimously by roll call vote -;6 ayes. This item will appear on the Council agenda of 11 May 1987. POSTPONEMENTS Planner Nielsen explained that Agenda item No. 5 (convenience store /gas station) is postponed per the request of the applicant. Item No. 6 (shoreland alteration variance) was postponed because thelapplicant submitted his information too late. This request is scheduled for the Planning Commission meeting of 19 May 1987. 8 :30 PM PUBLIC HEARING - PRELIMINARY PLAT - WESTWOOD FOURTH ADDITION'I Bernie Eisenreich - 5600 Star Lane Mr. Eisenreich presented his request for approval of a preliminary plat for 3.99 acres of land. He proposes to divide the property into five lots ranging in 6 ize from 20,800 to 50,000 square feet in area. He said there will be no change in drainage. - 4 - Minutes Planning Commission Meeting 5 May 1987 • Westwood Fourth Addn., continued: Public portion of the public hearing opened at 8 :49 P.M. Greg Suddendorf, 5695 Star Lane, wanted to know if the trees will renain on Lot 2, and asked about the value of the proposed homes. Mr. Eisenreich said that the trees will not be removed, and the homes will be of equal value to those which exist on Star Lane. Ken Fields, 5675 Star Lane, said there are 16 children in the neighborhood and feels there is a need for open space or parkland in the neighborhood. Greg Suddendorf suggested obtaining Lot 1 as park area under a homeowner's association for the neighborhood. Planner Nielsen said that the neighborhood could negotiate with the Park Commission on that issue. Public portion of the public hearing closed at 9:03 P.M. Spellman moved, seconded by Mason to recommend approval of the prel' inary plat subject to the recommendations of the City Planner, Engineer and Watershed District. Motion carried unanimously. This item will appear on the Council agenda of 11 May 1987. 8 :40 PM PUBLIC HEARING - SIMPLE SUBDIVISION /LOT AREA VARIANCE Vern Zeller - 5060 & 5080 Shady Island Point • Public portion of the public hearing opened at 9:05 P.M. Mr. Zeller explained that in May of 1985 he purchased an 8' x 132' triangle of land from his neighbor, Mr. Daryl Droba, however, the attorney they used for the conveyance did not inform them that the lot line rearrangement would require subdivision approval. The parcel to be conveyed contains approximately 528 square feet in are , and the resulting lot sizes will be 24,332 square feet for Zeller, and 15,756 square eet for Droba. Both lots are substandard in size for the R -1B zoning district which req Tres 30,000 square feet per lot. For this reason a lot area variance is also being re uested. Public portion of the public hearing closed at 9:10 P.M. without comment. Spellman moved, seconded by Schultz to recommend approval of the subdivision and lot area variance subject to the Planner's recommendtions. Motion carried unanimously. This item will appear on the Council agenda of 11 May 1987. 8:50 PM PUBLIC HEARING - PRELIMINARY PLAT - GWK 2ND ADDITION Tom Wickenheiser - N. of Hwy 7 at the east end of Wiltsey Lane Mr. Wickenheiser has submitted a preliminary plat for Outlot A, GWKIAddition, consisting of approximately 2.6 acres, for approval. He was not present to represent his request, but had telephoned Planner Nielsen and told him that he agrees with�the suggested alternative of the lot line arrangement presented in the Planner's report. ;; Public portion of the public hearing opened at 9:13 P.M. - 5 - Minutes Planning Commission Meeting 5 May 1987 GWK Addn., continued: Tom McMahon, 6165 Pleasant Ave., said he is concerned about the sta changing as a result of this plat. He said that right now the City road, and the neighbors using it plow it themselves in the winter. Wiltsey Lane on the south side, but his driveway accesses directly is concerned that if the road were petitioned for improvement that for the improvement even though he doesn't actually use the road. Public portion of the public hearing closed at 9:20 P.M. Spellman moved, seconded by Robertson to recommend approval of the subject to the Planner's recommendations and that the Council's res it is not the intent of the Council for the property to be resubdiv recommended that the City Attorney evaluate the road improvement as would bear the burden. Motion carried unanimously. This item will appear on the Council agenda of 11 May 1987. SIMPLE SUBDIVISION Donald Shafer - 23880 Smithtown Road Mr. Shafer was present to request approval of a simple subdivision ti approxmiately 3.5 acres from the property on which his home is locat the 3.5 acres on the north and east portion of the site (shown as Pa also have an agreement to purchase property directly east of that, g; • access onto Timber Lane. Schultz said he would like to see a plan which includes the property not to create a landlocked parcel. Planner Nielsen explained that a approval is to combine Parcel B with the property to the east. Parcel B also contains a portion of lakeshore on which there is a bo This portion of land is separated from Parcel B by Timber Lane. Mr. transfer his dock right to the buyer of Parcel B. Shultz said he wol transferability of dock rights from one parcel of land to another. 1 only requesting approval of the subdivision at this time. The Commii when the time comes to review the subdivision of Parcel B with the n right issue will need a legal opinion. Spellman moved, seconded by Schultz to recommend approval of the s subject to the Planner's recommendations: 1. The applicant must submit an up -to -date (within 30 days) title o property for review by the City Attorney. 2. Parcel B must be legally combined with the property to the east. 3. The applicant must record the division and combination within 30 of the resolution approving same. This item will appear on the Council agenda of 11 May 1987. s of Wiltsey Lane oes not maintain the is property abuts to Pleasant Ave. He would be assessed celiminary plat Lution specify that led. It was further assments as to whom D separate ad. The party buying rcel B) apparently Lving the entire site to the east so as condition of ithouse and a dock. Shafer would like to ild like to see Ir. Shafer said he is ision agreed that :w owner, the dock e subdivision inon for the subject days of his receipt Minutes Planning Commission Meeting 5 May 1987 *MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover reported on the following items which were be ore the Council: Special meeting on Shorewood Oaks. Ferncrof t subdivision. Albrecht subdivision. A meeting to discuss a City Plan has been tentatively scheduled for September 26, 1987. ADJOURNMENT Benson moved, seconded by Spellman to adjourn the meeting at 9:59 P.M. respectfully submitted, Patti Helgesen Planning Assistant • • - 7 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 19 MAY 1987 M I N U T E S COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7 :30 I.M. Prior to the meeting the Planning Commission made a site visit at 271190 Edgewood Road for which a shoreland alteration variance is being requested (Agenda item No. 1). The property is owned by Mr. J. Brooks Hauser, who was present along with his attorney Bruce Malkerson, and landscape architect, Daryl Melquist of Bachmans. Mr. Melquist presented landscape and grading plans as all present walked the grounds. Planner Nielsen said that the lowest floor elevation must be at least one foot above the 100-year flood high water mark of 931 feet. Mr. Melquist said that the area between the lagoon and the driveway is currently 932 feet (after being filled). The original intent was tc fill in some pockets of low areas. Commissioner Leslie asked where the location of violation is. Planner Nielsen said that a variance is needed for grading within 20 feet of any water (lake and lagoon). Mr. Melquist said that they would also like to place a berm at the yard (near the street) for aesthetic reasons. They would also rem shade trees at the south end in order to plant evergreens in their drain tile system is proposed to drain a low area of the southwest the lagoon. This would also benefit the neighbor directly west as adjacent to this area. outh end of the front e two of the willow place. A six inch PVC corner of the lot into his driveway is At the lakeshore, Mr. Melquist pointed out that boulders placed alo. at such an elevation so that they would be half - submerged by lake w • conditions. A pool is planned on the west side of the property between the hous, elevation at the top of the pool area is 940 feet. Drainage of run pool (not the pool water) is proposed via an eight inch PVC tile wh the lake. Mr. Melquist said this was felt to be more aesthetically traditional swail. He said that the MCWD has approved the drainage The Commission and members of the group returned to City Hall at CALL TO ORDER Chair Watten called the meeting to order at 7 :50 P.M. ROLL CALL Present: Chair Watten; Commissioners Spellman, Robertson, Lest Liaison Stover; Planner Nielsen; Plan. Assist. Helges Absent: Commissioners Mason and Schultz (both excused). APPROVAL OF MINUTES g the shore will be ter under normal and the lake. The ff from around the ch would drain into appealing than a pipes. roximately 7 :30 P.M. and Benson; Council Leslie noted that on page 6 of the minutes of 5 May 1987 under Shafer subdivision, "motion carried unanimously" was omitted. 9 1 Leslie moved, seconded by Benson to approve the minutes of 5 May 1987 as corrected. Motion carried unanimously. Minutes Planning Commission Meeting 19 May 1987 •7:30 PM PUBLIC HEARING - SHORELAND ALTERATION VARIANCE J. Brooks Hauser — 27190 Edgewood Road Mr. Hauser is building a large home at 27190 Edgewood Road which is located on the lakeshore of Lake Minnetonka with a lagoon on its east side. Gradin violations have been cited including the following: 1. Grading and filling has taken place within 20 feet of the sho Minnetonka. 2. The slope to the south and east of the house exceeds 6:1 toward 3. More than one -third of the site has been exposed at one time. Mr. Hauser is applying for variances to provisions of Section 200.26 Shorewood Zoning Ordinance. Bruce Malkerson, attorney for Mr. Hauser, read a letter submitted by Carroll, 27260 Edgewood Road, who is in favor of the variances being Public portion of the public hearing opened at 8 :12 P.M. Pat Gorecki, 26890 Edgewood Road, said she has no problem with the 1 asked if it would be possible to build the house without the fill an Melquist said it would be difficult without a lot of retaining walls • slope without retaining walls would not work without some kind of va Planner Nielsen confirmed that the house could be built with retaini Public portion of the public hearing closed at 8:18 P.M. of Lake lake. Subd. 7b. of the neighbor Arthur granted. indscaping plan, but I grading. Mr. , To accommodate the iance. walls. Spellman moved to recommend denial of the variances, and that the applicant be required to remove the fill from within 20 feet of the lakeshore and build re aining walls in order to accommodate a 6 :1 slope. Leslie seconded for discussion. Mr. Malkerson presented a letter from the applicant dated 19 May 1987 responding to the staff recommendations. Leslie asked Mr. Melquist to review the plan for the north lakeshorel area. He said that a boulder wall, similar to the rip- rapping along the lagoon, is planned for the northerly lakeshore. And a retaining wall would be placed at the lakefront arpund a large tree in front of the pool. Watten said he is concerned about the drain tile system at the soutt picking up runoff from the asphalt street and draining into the lake they would be willing to eliminate the tile and agree to a holding I Mr. Melquist said that runoff from the pool area could be filtered t the lake as well, by revising the grading. The necessary variances were confirmed as being: - slope exceeding 6 :1 - filling within 20 feet of lakeshore Motion to deny failed by roll call vote - 4 nays - 1 aye (Spellman). - 2 - end of the property Mr. Malkerson said end if necessary. :fore it drains into Minutes Planning Commission Meeting 19 May 1987 • Hauser variances, continued: Leslie moved to recommend approval of the variance to fill within 2 feet of the Lakeshore, and denial of the excess slope variance, based on the Plan ner's recommendations, subject to the following: - that the fill need not be removed. - the slope to the south and east of the house be corrected so as not to exceed 6:1. - any berms be at least 20 feet from the lakeshore. - provide a schedule for completion of improvements. - provide plan to filter the runoff which would drain into the lake. - site grading and drainage plan be subject to approval by the City Engineer. Benson seconded, adding that the owner should be required to appoin� one individual to coordinate all site work. Leslie accepted this recommendation to h r motion. Motion carried by roll call vote - 4 ayes - 1 nay (Spellman). This item will appear on the Council agenda of 26 May 1987. INFORMAL DISCUSSION - VARIANCE PROPOSAL Eric Danser - 21640 Lilac Lane Mr. Danser was recently stopped in the process of building a screen existing deck attached to his house, by the Shorewood Building Inspe •itself encroaches into the setback area of the lot, and therefore, a needed to make any addition to the deck. porch over an ctor. The deck variance would be Mr. Danser was present to obtain feedback from the Commission as to the feasibility of making formal application for a variance. He has presented letters from his neighbors stating approval of his deck expansion. He said his main problem iE the expense of a survey which would be required as part of a variance application. Watten suggested that he have a partial survey done. Mr. Danser said that he has investigated that possibility and has discovered that a partial survey is practically as involved as a total survey. Mr. Danser was asked if his neighbors homes were as close to the street as his own. He said that in some cases the homes are closer to the street. Watten said he would need to see the actual distance his home is from the street and have some idea of how much a variance is needed before indicating how he 4eels. Benson said he may not have a problem with a five to seven foot var ance, but if the actual variance would turn out to be 15 feet, that would be another matter. Watten suggested that Mr. Danser try to determine just where the rod right - of-way is so that he has a better idea of his actual distance from the street. the Planning Commission agreed to hear Mr. Danser's variance reques their next study session meeting of 16 June 1987, providing Mr. Dan • application in on time. - 3 - on a formal basis at r has his Minutes Planning Commission Meeting 19 May 1987 40 PLANNING COMMISSION ATTENDANCE DISCUSSION The subject of attendance has come up on various occasions over the and staff was recently asked to prepare a "tally of attendance" for Watten said that in previous years, three "unexcused absences" were suggested that perhaps the Commission accept "excused absences" onl, and be more relaxed for the study sessions. Robertson remarked tha, just as important as regular meetings, and don't seem to justify un, Stover said that the Commission may prepare its own Rules and past several months, review. allowed. He at regular meeting, study sessions seem xcused absence. tions for adoption. Benson said that if he hadn't received a call about tonight's meeti#g he probably would have forgotten all about it because of his busy schedule. He said that a call from the staff before each meeting is probably the key to better attendance.� Stover suggested that the Commission consider holding the study ses ions during the winter months, or "slow season"; and that during the spring and summer "building season" two regular meetings be held each month to accommodate the busy sch Jule. MATTERS FROM THE FLOOR None. REPORTS Liaison Stover reported that the Council agreed with all Planning Commission recommendations at its last meeting. ADJOURNMENT Watten moved, seconded by Robertson to adjourn the meeting at 9:33 �-M. mespectfully submitted. Patti Helgesen Planning Assistant • - 4 - • CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 2 JUNE 1987 M I N U T E S CALL TO ORDER Vice -Chair Leslie called the meeting to order at 7 :34 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. Present: Vice -Chair Leslie; Commissioners Mason, Schultz, Roberts�n, Spellman (arrived at 7 :49 P.M.); Council Liaison Stover; Planner Nielsen; lan. Asst. Helgesen. Absent: Chair Watten (excused) and Commissioner Benson. APPROVAL OF MINUTES Robertson moved, seconded by Leslie to approve the minutes of 19 May Motion carried unanimously. 7:30 PM PUBLIC HEARING - C.U.P. - SIGNAGE PLAN - SHOREWOOD SHOPPING Ryan Construction Co. - 23680 State Highway 7 1987 as written. Scott Smith, representing Ryan Construction Company, presented an overall signage plan for the Shorewood Shopping Center at the request of the City. He showed the Commission the proposed signage as viewed from the parking lot, as well as a sample of the lettering •material. Mr. Smith has also submitted with his application a proposed sign criteria outlined by Ryan Construction. Public portion of the public hearing opened at 7:36 P.M. Planner Nielsen explained that the current signage is nonconforming as a result of sign permits being issued on an individual basis over a period of time. he Zoning Ordinance limits total signage to 10% of the building silhouette area. The bu lding silhouette area contains 6525 square feet not including the anchor tenants, Super Va.lu and Warner Hardware. The remaining square footage allowed for the anchor tenant's signage totals 349.5. He suggested that Ryan Construction distribute the 349.5 sq. ft. proportionately to the anchor tenants, and when there is some change in the future, heir signage be brought into conformity at that time. Public portion of the public hearing closed at 7:45 P.M. without comment. Schultz asked what will happen to the entry signs currently occupied by Shorewood Liquors and Snyders. Planner Nielsen said that the entry signs should adver ise the mall itself, although it was noted that Snyders is an anchor tenant. Leslie asked if the window displays would be eliminated. Mr. Smith said that letters had been recently sent to certain tenants about discontinuing their use of the window signs. Planner Nielsen said that if the City made that a requirement it wou d be easier for the management to enforce. Schultz moved, seconded by Mason to recommend approval of the C.U.P.�based on allowable • signage consistent with criteria presented by Ryan Construction and that same criteria be incorporated into the C.U.P. Motion to include that the signage for the anchor tenants be brought into conformity at the time of any future change. Motion carried unanimously. Minutes Planning Commission Meeting 2 June 1987 •7:45 PM PUBLIC HEARING - C.U.P. FOR DEVELOPMENT OF A SUBSTANDARD LAKESHORE LOT VARIANCE FOR AN ACCESSORY STRUCTURE WITH NO PRINCIPAL STRUCTURE; S BACK VARIA Neil Spaulding - Vacant lot immediately north of 5460 Howards Point Road Mr. Neil Spaulding was present along with his architect, Mr, Rich Mc Klein- McCarthy Architects. Mr. McCarthy presented the request for a needed to develop a lakeshore lot which Mr. Spaulding acquired with home located on a lot approximately 180 feet south of the southeast property. Mr. Spaulding would like to build a deck and brick barbeq place a dock on the substandard Lakeshore lot, which requires a C.U. requesting a setback variance and a variance to allow accessory stru no principal structure exists. Mr. McCarthy said that the deck is F inches above ground level, with the barbeque pit included at its nox said they felt that portable recreational equipment would not be as would pose a difficult maintenance problem. Public portion of the public hearing opened at 8:03 P.M. arthy of C.U.P. and variances he purchase of his orner of the subject e pit, as well as . He is also tares on a lot where oposed to be six hwest corner. He ice looking and Maud Wadsworth, 5460 Howards Point Rd, said she is totally opposed to any structure placed in the site, also stating that she feels it would lower the market value of her home adjacent to the site as well as her neighbor, Adeline Johnston. She submitted a letter to that effect, which also contained signatures of nearby residents who hold deeded easement for lake access via the subject property along a 20 foot wide strip of the land. •R.L. Payne, 5480 Howards Point Rd, submitted a letter through Mrs. adsworth stating sympathy with her concern. John Einhorn, 5580 Howards Point Rd, said that he and his attorney have notified Mr. Spaulding that many neighbors besides himself have access rights th ough the lot. Byron Thompson, 27665 Island View Rd, said he has used the access f not intend to stop now. He said that when the realtor of Mr. Spaul advertising the property for sale, it was being represented as lake said that he told the realtor at that time that the wording of the be changed so as not to be misleading or he would take legal action fact change the wording, so that any buyer knew is was not lakeshor its rights. He said he would bring an injunction against any build lot. Mrs. Wadsworth invited the Planning Commission to visit the site work to build on it. Mr. McCarthy said that the easement allows access via a 20 foot stri are not proposing to build within that area. He said there needs tc investigation as to who actually holds deeded easement on that piec( Mr. Spaulding said that the lot was an eyesore before he cleaned it wants to improve the lot. • Public portion of the public hearing closed at 8:18 P.M. - 2 - r 25 years and does ing's property was hore property. He dvertising sign must He said they did in property with all nR on the lakeshore see how it wouldn't p of the lot and they be further of land. up. He said he only Minutes Planning Commission Meeting 2 June 1987 • Neil Spaulding C.U.P. & variances, continued: Spellman moved, seconded by Schultz, to recommend to Council that the C.U.P. to develop a substandard lakeshore lot, the variance for an accessory structure ith no principal structure, and the setback variance be denied. Mason questioned that if a person is paying taxes on a piece of land. why they shouldn't be able to make use of it. Planner Nielsen explained that there is still usefulness of the property for boat launching, picnicking, etc. The Commissioners agreed that the easement issue is a private matter. McCarthy said he felt a dock would be an appropriate addition to th lot, and said he didn't feel a deck should be considered a "structure ". Motion to deny the entire request carried unanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 8 June 1987. I 8 :00 PM PUBLIC HEARING - SETBACK VARIANCE Jerry Elzea - 5705 Eureka Road Mr. Elzea would like to build a new garage on his property which is'ilocated in the R -1A zoning district. His lot is substandard in size (10,512 sq. ft.) w ich makes it impossible to build anything on the site without a variance. He pr poses to locate the • garage five feet from the southerly lot line, a variance of 45 feet Mr. Elzea presented a revised survey since it was discovered that h� and his neighbor's property lines did not meet, leaving a ten foot strip of land in between which his attorney is currently trying to determine to whom it belongs. If he acquires all or part of it, his south lot line would move back, lessening the variance by five to ten feet. Mr. Elzea said he is opposed to eliminating one of the driveway accesses which currently loops from Eureka Rd to Smithtown Rd, as recommended by the City Planner. Eliminating the Smithtown Rd driveway would force him to situate the garage in an unsuitable manner, and his address is off of Eureka Rd. Public portion of the public hearing opened at 8 :42 P.M. Bud Johnson, 5735 Eureka Rd., said he is not opposed to the new garage, he would just like to the the lot line situation resolved. Public portion of the public hearing closed at 8 :46 P.M. Spellman moved to recommend to Council approval of the variance to llow location of the garage 10 feet from the existing southerly lot line and elimination of the Smithtown Rd access driveway. Motion died for lack of a second. Spellman moved, seconded by Schultz to recommend to Council approval of the variance to allow location of the garage 10 feet from the existing southerly lot! line and elimination 40 of either the Smithtown Rd access or Eureka Rd access driveway. Motion carried unanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 8 June 1987. - 3 - P • • • June 2nd, 1Jr7 �o crle of 37_= ouritry :lab Boa I,aa1es anc - ent1enien, T'ie unl ersigned, as owriez' o_" the y_roperty located at 3460 lj:o', a: as . ,oint -1-load, �nov,i as I;ot I , cud -toy's S ub�i vision ;0 36 7 , sees to go on reco -,d as bein.L c p- osed to the buiL�_-n of any type structure �s on the vacant e serpent nolth of any sdjacent to af'rer.entloned prcperty, as propo- sE a by 'z . ;. `.1 pauldin y"rIis easel ent _i.s not a build inL lot and was alway meant ,, �o only ;L' a1ae la e access for various res_ dents livLng side, wh on't l've on t're la' e. y -' y + ; 1 ' E �v1'StrUG �i�n Of aYl�` � ✓tie StI'UCture�S1 1 +JCU1� 1 w'th said residents' lake access rights, as state d,cels. 11ie cens;truction of a aoc ,vas never i n t e n a `p 'lived, as it would se ­L_ ,usly LMT air the la?1e a aiid ti us the iiiar'__et value, of nct or-,ly riiy residenc cf rs. Ideli_ne Jo �nston's t,roperty, itimediately said easement. This is due to tr.e eculiar angle 'ropertyl_ ries involved wit i the general curvature 1 r, _esr ore line. terfere in their ed nor cess rights but also orth of f the of the attached tc this letter are the names, addresses nd signatures of . =Most of the i'es4L ents, who have a vested inter st in this tter. E"Ladere1 yours, __S a: .) T -. ! adswvrtn 546 1 .TovvGr�!5 .'olnt oGc� 0�:orewood, . -Inn. _3331 ync1. letter written to the 71anninp- �omn issiorl of the City of Shorewood by I.s. T aua L adsworth, owner of the residence a 5460 i- Towards cal t toad, S.11orewoud,.- Linn...Dated June 2nd.,, ..1987,. -reE�ard.ing a request . �...�. r by l r. Ileil SpauldinE-;, residin, at ;525 towards ycint� Road, for a variance allowance to build accessory structure (s) on the easement adjacent to lit.s. adsworth's yrorerty on the north sid and I-Irs. Adeline Jobnstorl's property on the south side, which easement provides lake access to a limited number cf residents in `Jloodside. rO N AVP /Son! r: • • • Planning Commission City of Shorewood 5755 Country Club Rd. Shorewood, Minnesota Ladies and Gentlemen, While I find Neil and Dianne Spalding to be e neighbors, I am extremely simpathetic to Maud's con of privacy and am convinced that a separate dock on would seriously infringe on Maud's lake access recomendation that the planning commission actually prior to making any variance decision. Since ely Yo R.L.Payne S-/B© 40WQic(S tremely good ern over loss the easement It is my isit the lot a Df, R4, Minutes Planning Commission Meeting 2 June 1987 SIMPLE SUBDIVISION Robert Berg /Marylin Williams - 5160 Shady Island Circle Mr. Berg /Ms. Williams would like to convey approximately 19,500 square feet of their property to their neighbor to the southeast. The property is located in the R -1B zoning district. The proposed division /combination will leave the applicants with a lot containing 30,000 square feet, and the neighboring lot with approximately 54,815 square feet. The applicants were not present. Planner Nielsen said that original y they wanted to divide off an amount of land leaving them with only 20,000 square fe t, and they changed to 30,000 sq. ft. to comply with zoning requirements. Schultz moved, seconded by Spellman to recommend to Council approval'lof the subdivision /combination subject to the Planner's recommendations: 1. The applicants must submit up -to -date (within 30 days) title opi ions for their lot, as well as the neighboring lot, for review by the City Attorney. 2. The parcel being conveyed must be legally combined with the neig boring lot. The applicants must submit a revised legal description for the resul ing parcel. 3. There exists'a sewer easement to the northwest of the new lot line. It is recommended that this easement be expanded to the new lot line, oxtended to the lake and revised 'Ito include drainage and utilities. • 4. Since the division /combination is not creating a new lot, not required. 5. The items listed above should be submitted within 30 days Once they receive the resolution approving the division, more to record it with Hennepin County. park dedication fees are of the I Council's approval. the applicants have 30 days Motion carried unanimously. This item will appear on the Council agenda of 8 June 1987. SIMPLE SUBDIVISION Sally Larson - 5795 Grant Lorenz Road Ms. Larson was not present. According to the Planner's report, Ms. Larson would like to convey a 20' x 199' (3980 square feet) strip of land to the property owners to the north. The applicant's property is located in the R -1A zoning district and contains 81,487 square feet of area. The property to the north is substandard in both area and width - 16,000 square feet and 80 feet, respectively. With the additional p oposed parcel, it will be 100 feetwide and 19,980 square feet in area. Schultz moved, seconded by Mason to recommend to Council approval of the subdivision /combination subject to the Planner's recommendations: - 4 - I I Minutes Planning Commission Meeting 2 June 1987 • Sally Larson subdivision, continued: 1. The appli.ca:t and the owner to the north must submit up -to -date (within 30 days) title opinions for review by the City Attorney. 2. The parcel being conveyed must be legally combined with the lot to the north. The applicant must submit new legal descriptions for the resulting parcels. 3. A 10 foot drainage and utility easement should be required alonE the south side of the parcel to be conveyed. 4. Since the division /combination is not creating a new lot, park dedication fees are not require.. 5. The items listed above should be submitted within 30 days of th4E Council's approval. Once they r ceive the resolution approving the division, the applicant will have 30 more days to record it with Hennepin County. Motion carried uananimously. This item will appear on the Council agenda of 8 June 1987. MATTERS FROM THE FLOOR None. • REPORTS • Council Liaison',Stover reported on the following items: The Shorewood Liquor store will bring its signage into conformity a�ong with the remainder of the Shorewood Shopping Center. Updated recent I ptistory of Brentridge Development. Dave Johnson (ofllShorewood Oaks) will represent a newl,plan at the 16 June Planning Commission meeting. Nick Ruehl, EOSIArchitects, presented a preliminary plan to the Council for addition onto current City Hall building for office space expansion. ADJOURNMENT Leslie moved, seconded by Spellman to adjourn the meeting at 9 :42 P�M. I Respectfully submitted, Patti Helgesen Planning.Assistant L1 N • CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 16 JUNE' 1987 M I N U T E S CALL TO ORDER Chair Watten called the meeting to order at 7:34 P.M. COUNCIL CHAMBERS 5755 C UNTRY CLUB ROAD 7:30 P M. ROLL CALL Present: Chair Watten; Commissioners Leslie, Benson (7:37 P.M.), Robertson; Council Liaison Stover; Planner Nielsen; Plan Absent: Commissioner Spellman (excused). APPROVAL OF MINUTES Schultz moved, seconded by Leslie to approve the minutes of 2 June Motion carried unanimously. son, Schultz, Asst. Helgesen. 987 as written. 7:30 P.M. PUBLIC HEARING - SETBACK VARIANCE /VARIANCE TO INCREASE THEINONCONFORMITY OF A NONCONFORMING STRUCTURE Eric Danser - 21640 Lilac Lane In April of 198711 Mr. Danser was found to be constructing a screen po ch onto the deck located on the south end (front) of his home without having applied �or a building permit. The construction encroaches into the front yard setback (50 feet) of his • property which is located in the R -lA zoning district. Mr. Danser i requesting a 13.4 foot front yardvariance to allow him to complete the porch. Staff analysis of the request shows that the variance does not appear justified based on criteria provided in the Zoning Ordinance. Public portion of the public hearing opened at 7 :38 P.M. Public portion of the public hearing closed at 7 :38 P.M. without comment. Schultz said he finds it hard to believe that with all the information circulated about building regula ions (e.g. City newsletter, etc.), that anyone wouldlIbe ignorant of the laws. He said that with all of the buildable area on Mr. Danser's property, a variance for the request d location does not seem justified. Benson said he feels the setbacks across the street in Chanhassen being less should lend room for negotiation, although rezoning the area seems too severe. i Leslie asked if there have been any other cases where increasing the nonconformity was granted. Planner Nielsen said John Hodgdon was allowed to increase a nonconformity with his garage setb ck, but he also removed two more nonconforming structures from his property. Leslie said she doesn't feel that allowing the porch to be built on house would do anyone any harm, but she said she is concerned about • Mr. Danser said that finances are also a hardship for him. front of the ting precedence. Minutes Planning Commission Meeting 16 June 1987 • Danser variance, continued: Schultz moved, seconded by Robertson to recommend to Council denial f the variance request based on lack of hardship. • • Motion to deny tied by roll call vote - 3 ayes (Watten, Schultz, Ro (Leslie, Benson, Mason). This item will BRENTRIDGE - R Dave Johnson - pear on the Council agenda of 22 June 1987. ION OF REZONING AND PRELIMINARY PLAT .9 acres, approx. Smithtown Road 150 feet east of Howards Point on) - 3 nays and 250 feet north Mr. Dave Johnso (developer of Shorewood Oaks) has taken assignment of the Brentridge development fron United Mortgage Corporation. The plat as presented by United Mortgage for a 26 lot subdivision was denied by the City Council. Mr. Johnson requested that the Council postponE acceptance of the Findings of Facts in order to allow him to represent a revised plat fo reconsideration. Chair Watten re opened the public hearing at 7:55 P.M. at the recommendation of Planner nielsen. Planner Nielsen gave a review of the presentation to date. He said llthat Mr. Johnson has g P submitted a 24 lot preliminary plat. The lots average 155 feet in width and 26,339 square feet in area on the west side of the proposed road. Mr. Johnson reported that the consensus of the neighborhood meetinglwas that they would support a 24 lot subdivision. He said he would agree to place prot ctive covenants on the development to assure quality homes similar to or greater than the value of that which exists on Howards Point Rd. He will relocate trees from the LIhorewood Oaks project and place them in locations agreeable to the adjacent lot owners. le said he would be paying for improvements to the project rather than assessing. Jerry Brecke, 2 450 Pine Bend, said he doesn't think changing two lc ts does a whole lot for the subdivi ion. He said a previous owner of the property was denied a higher density zoning Decause the former Planning Commission didn't think the property should be changed. Mr. Johnson responded that the Comprehensive Guide Plan shows that the area should be downzoned to ha f -acre lots. Don Anderson, H wards Point Road, feels the development should stay ',with the 30,000 square foot lots as previous recommended by the Planning Commission} Sally Brown, 5875 Howards Point Rd, said the Planning Commission sh�uld stick to the current zoning, and consider the neighbors who have to look at it. Mr. Johnson comnented that the existing neighborhood contains more ensity than what is proposed. - 2-- Minutes Planning Commiss 16 June 1987 6 Brentridge rec Meeting ideration, continued: Susan Sano, 5685 Howards Point Rd., said that the recommended trail asements should necessitate elimination of at least one more lot. Bill Gabby, 5705IHowards Point Rd., said that although he would like! to see the density along the swamp educed, his major, concern was the lots that are adj cent to his property. He sai that Mr. Johnson has reduced the lots that are adj cent and he therefore supports the project. Eileen Gallagher (owner of subject property) said that she bought th land to develop it and it has proven to be a hardship. A resident on Pine Bend said he is concerned that lowering the zonin will set a precedence on do n the road. Sally Brown said she isn't against sale or development of the land, she opposes rezonng. She asked what is happening with the EAW. Planner Nielsen said that a memo from the Environmental Quality Board stated that the need for an EAW would have to be considered prior to final approvals. rublic portion of the public hearing closed at 8 :23 P.M. Schultz asked what the Comp Plan refers for this area and why is wasn't zoned ,accordingly, Planner Nielsen said that the Plan states that this ar a would be appropriate for 1 to 2 units per acre because of the existing lot s''" along Howards Point Road, but the City chose to consider rezonings on a case by ca 5e basis, or at the time of proposed development, rather than rezone that land all at once. Watten asked road. Mr. Jo 25,000 square Watten said tha 30,000 square f 22 lots. Schultz said th two, the develo Mr. Johnson has Schultz moved, 30,000 square f Planner Nielsen be 30,000 squar Leslie commente request for app • Schultz withdr t the average lot sizes and widths along the east s'de of the proposed n read aloud the individual lot sizes, the average eing approximately t. Average lot width is 100 feet. it seems it is the consensus of the neighbors that they could live with t lots. Benson said that would require the plat tobe reduced to 21 to if the lots along the east side of the proposed ro were reduced by nent would be more aesthetically pleasing. He said re appreciates what lone on the west side of the road. aconded by Leslie to recommend to Council to rezone the property to R -1B, )t minimum lot sizes. reminded the Commission that an R -1B zoning would re uire that all lots feet and 110 feet wide at minimum. that this motion does not address the request at hand, which is a 3val of a rezoning to R -1C, not R -1B. his motion. Leslie concurred. - 3 - Minutes Planning Com 16 June 1987 0 Brentridge rec �J n Meeting ideration, continued: Schultz moved, seconded by Leslie to recommend to Council denial of �nay he request to rezone the property to � -1C. Motion carried by roll call vote - 5 ayes - 1 (Benson). Leslie comments that she is concerned about rezoning the area to R- B at this time because it would lock in the lot sizes to 30,000 square foot minimum when a developer could present a'very decent plat with variation from 25,000 to 32,000 square foot lots. Planner Nielsen cautioned that the Commission should be careful not to apply zoning to a particular plat, but rather apply zoning appropriate to the land itself. Mr. Johnson said he would like the Commission to consider making a statement to the Council that they would recommend approval of rezoning to R -1C contingent upon specifics being applied tora particular plat design. Schultz said th t he would like to see a guideline established consistent with the Comp Plan for develo went of this area. Schultz moved, seconded by Watten to recommend to Council that the property be rezoned to R -1B, 30,000 square foot lots. It was noted that a Planned Unit Development would allow for the flexibility desired by the developer. Motion to reco end rezoning to R -1B tied by roll call vote - 3 ayes (Mason, Watten, Schultz) - 3 na s (Leslie, Benson, Robertson). Benson moved, seconded by Leslie to recommend to Council denial of the preliminary plat based on the proposed density. Motion carried unanimously. This item will appear on the Council agenda of 22 June 1987. MATTERS FROM THE FLOOR None. REPORTS Discussed was the disposition of the house next to City Hall. Leslie moved, s conded by Watten to adjourn the meeting at 9:09 P.M. Respectfully su mitted, Patti Helgesen Planning Assistant - 4 - P� CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 7 JULY 1987 M I N U T E S CALL TO ORDER COUNC L CHAMBERS 5755 OUNTRY CLUB ROAD 7 :30 M. Vice -Chair Leslie called the meeting to order at 7:34 P.M. ROLL CALL Present: Vice -Chair Leslie; Commissioners Robertson, Benson (7:4E P.M.), Mason, Spellman, Council Liaison Stover, Planner Nielsen, Plan Asst Helgesen. Absent: Chair Watten and Commissioner Schultz (both excused). APPROVAL OF MINUTES Mason moved, seconded by Robertson to approve the minutes of 16 Jun 1987 as written. Motion carried unanimously. 7 :30 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT FOR ACCESSORY SPACE IN EXCESS OF 1000 SQUARE FEET James Simondet - 5390 Shady Hills Circle Public portion of the public hearing opened at 7 :36 P.M. Mr. Simondet explained how he would like to enlarge his family room !by converting a portion of his existing two -car garage into living space. He would ''then like to add onto the existing garage and create a three -car garage for his antique c rs. His addition would result in 1115 square feet total accessory space, where only 1000 square feet is permitted except by conditional use permit. Public portion of the public hearing closed at 7:38 P.M. without comment. Spellman moved, seconded by Mason to recommend to Council approval df the conditional use permit subject to the Planner's recommendations, to include advisin the applicant that the City has specific regulations pertaining to home occupations. otion carried unanimously. This item will appear on the Council agenda of 13 July 1987. 7:45 P.M. PUBLIC HEARING - SETBACK VARIANCE /VARIANCE TO EXPAND A Paul Seifert - 20780 Radisson Inn Road Public portion of the public hearing opened at 7 :54 P.M. Leslie read the applicant's request letter aloud. STRUCTURE Mr. Seifert said that the potential buyers of a house he has for sa a at 20780 Radisson Inn Road are interested in expanding the living space. The existing house contains 900 square feet of living area on two floors, and they would like to build a 25' x 25' •addition with a tuck -under garage beneath it on the north end of the house. Due to the limited buildable area and topography of the property, the proposed addition requires a 17 foot setback variance. The existing structure is currently nonconforming by slightly overlapping into the front yard setback at its northeast corner. A variance to increase its nonconformity is also required. Minutes Planning Commission Meeting 7 July 1987 41 Seifert variances, continued: Public portion of the public hearing closed at 7 :58 P.M. without c t. Benson moved, seconded by Spellman to recommend to Council approval f the setback variance and variance to expand a nonconforming structure due to the lack of buildable area and topography of the lot. Motion carried unanimously. This item will appear on the Council agenda of 13 July 1987. 8:00 P.M. PUBLIC HEARING - SETBACK VARIANCE /VARIANCE TO EXP Mike McDonald - 4695 Lagoon Drive A Public portion of the public hearing opened at 8:03 P.M. Mr. McDonald was present to request a variance to add a second levelto his home which does not meet current setback requirements. He also proposes a futu a 8' x 8' entry porch on the north side of the house which requires a 12 foot setbac variance. Public portion of the public hearing closed at 8 :04 P.M. without comment. Planner Nielsen said that the lowest floor elevation will be require to be at least one foot above the flood plain elevation. Spellman moved, seconded by Benson to recommend to Council approval f the setback •variance and variance to expand a nonconforming structure due to the lack of buildable area of the lot and improvement to the site. Motion carried unanimously. This item will appear on the Council agenda of 13 July 1987. SIMPLE SUBDIVISION Jean White - 5865 Glencoe Road Mrs. White awns Lots 5, 6 and 7, Block 1, Ball's Addition to Excelsior, and would like to divide off Lot 5 from Lots 6 and 7, leaving those combined as one. The property is located in the R -1D, Single - family Residential District. The new loft will contain 13,208 square feet of area, and the remaining parcel with the existing house on it will contain 28,158 square feet. The new lot meets all zoning requirements. Spellman moved, seconded by Mason to recommend to Council approval of the subdivision subject to the Planner's recommendations: 1. The applicant must provide an up -to -date (within 30 days) title Opinion for review by the City Attorney. 2. The applicant must provide drainage and utility easements 10 feet each side of each side and rear lot line. 3. Prior to release of the Council resolution approving the division. the applicant must pay one dedication fee of $500. - 2 - Minutes Planning Commission Meeting 7 July 1987 9 White subdivision. continued: 4. The above-mentioned items must be completed within 30 days of the date of Council approval. 5. The applicant must record the division with Hennepin County with�n 30 days of the date she receives the Council resolution approving the division. Motion carried unanimously. This item will appear on the Council agenda of 13 July 1987. MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover reported on the following items: Danser variance reconsideration; Brentridge preliminary plat; Towne ddition approval tabled; Spaulding variance request denial. She informed the Commission that the Council will be meeting Saturday. 18 July, 1987 to discuss assessment polic es. ADJOURNMENT • Spellman moved, seconded by Benson to adjourn the meeting at 8:41 P.I. Motion carried unanimously. Respectfully submitted, Patricia Helgesen Planning Assistant • CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 4 AUGUST 1987 CALL TO ORDER MINUTES OUNCIL CHAMBERS 755 COUNTRY CLUB ROAD :30 P.M. Chair Watten called the meeting to order at 7:35 P.M. ROLL CALL Present: Chair Watten; Commissioners Robertson, Leslie, Benson, Mason. Schultz, Spellman (arrived 7 :40 P.M.); Planner Nielsen; Plan. Asst. Helgesen. Absent: Council Liaison Stover. APPROVAL OF MINUTES Leslie moved, seconded by Robertson to approve the minutes of 7 July 1987 as written. Motion carried unanimously. SIMPLE SUBDIVISION Paul Skjervold - 5660 Grant Lorenz Road Mr. Skjervold was present to request approval of a simple subdivision to divide off a one acre -sized lot from the seven acres of property he owns on Grant Lorenz Road. He has submitted a "ghost plat" for future resubdivision of the remainder of the property showing a total of six lots. Schultz moved, seconded by Leslie to recommend approval to the Council subject to the Planner's recommendations. Leslie noted that recommendation No. l is a moot point. 1. The applicant should be urged to consider reducing the size of Parcel A to accommodate future development. 2. Any further division of Parcel B should be required to be done as a complete and formal plat of the entire parcel. 3. Siting of the house on Parcel A should anticipate future setback changes. 4. Drainage and utility easements, 10 feet on each side of the side and rear lot lines for Parcel A. should be required. 5. An easement should be required along the entire length of the drainageway which crosses the property. The City Engineer should recommend the vidth of such easement. 6. The applicant should be urged to consider constructing only one crossing over the drainageway. 7. The applicant must submit a title opinion (up -to -date within 3C days) for the property, to be reviewed by the City Attorney. • Minutes Planning Commission Meeting 4 August 1987 Skjervold Subd., continued 8. Prior to release of the Council resolution approving the division. the applicant must pay park dedication fees in the amount of $1000 ($500 per lot) 9. The information required above must be submitted within 30'days of Council approval of the division. 10. Once the applicant receives the Council resolution, the division must be recorded within 30 days of the date the resolution is certified by the City Clerk. Motion carried unanimously. 7 :40 P.M. PUBLIC HEARING - SETBACK VARIANCE /VARIANCE TO EXPAND A EONCONFORMING STRUCTURE Carol Regan - 20790 Edgewood Road Ms. Regan would like to add on to the north end of her lakeshore ome' which enchroaches on both sideyard setbacks. Planner Nielsen noted that there is ple buildable area on the north end of the lot. Public portion of the public hearing opened at 7 :45 P.M. Ms. Regan said that the house has been added onto several times, creating nonfunctional space. The addition was designed by a professional builder to balance the space in the house. Locating the addition within the buildable area would obstruct her view of the lake from a bedroom window. Brian Huber, attorney for the applicant, asked how the lot is substandard. Planner Nielsen said that it is too small and narrow under current zoning standards. Mr. Huber said that the structure was not orientated correctly on the lot o iginally. He said that the improvement would increase property values. He noted that there is a 20 foot strip of unbuildable land adjacent to Ms. Regan's lot on the west side. Public portion of the public hearing closed at 7 :59 P.M. Spellman moved to recommend to Council denial of the variance req ests. Benson - seconded for discussion. Schultz said he couldn't see a hardship in this case. The applicant's attorney stated that the inconvenience and excessive costs of redesigning the addition to fit within the buildable area are a hardship. He also added that a redesign would create varying roof levels. Leslie noted that hardship is usually due to topography of the tan Watten said he felt the interior planning of the existing faciliti kitchen in this case) constitute a hardship in his opinion. Watten acknowledged a letter stating no objection of the addition Robert Bergstrand. Motion to deny carried by roll call vote - 5 ayes - 2 nays (Mason. - 2 - es (location of the submitted by neighbor and Watten) Minut es Planning Commission Meeting 4 August 1987 7:50 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT - ACCESSORY SPACE'IN EXCESS OF 1000 SQUARE FEET J. Brooks Hauser - 27190 Edgewood Road Mr. Hauser would like to build a three -car garage containing 1008 square feet in area on his lot. This garage would be in addition to an existing three- carlgarage which is attached to the house. Total accessory space proposed is 2008 square feet for which he needs a conditional use permit. The request complies with the crit4ria for allowing accessory space in excess of 1000 square feet as outlined in the Zoning Ordinance. Daryl Melquist, Landscape Architect, pointed out on a topography sketch how added runoff will be directed across the driveway and into the lagoon. Public portion of the public hearing opened at 8:19 P.M. Pat Gorecki, Edgewood Road, asked why this additional building is b ing proposed at a later date from the original building plans. Planner Nielsen said hat the garage was shown on the original plans, but the owner chose to apply for the C U.P. at this later date so as not to delay the construction schedule for the house. April Carroll, adjacent neighbor west of subject site, said that sh is concerned about drainage problems occuring on her property as a result of the gradi g changes. She said that if a building is located at that site as well, the runoff willl,make things worse. Mr. Melquist said the foundation will be cut below the original grade, and making it any •lower will reverse runoff and increase drainage toward Carroll's property. Also, a maple tree would be destroyed by lowering the foundation further. Pat Gorecki said that if the swamp hadn't been filled -in there would be no drainage problems. She also stated that the fact that they have already cutl,in foundation is typical for them starting work without permission. Planner Nielsen said that it appeared to him that the north end cut was about two feet below grade and the south end appeared to have been filled about th same. Public portion of the public hearing closed at 8:31 P.M. Leslie asked what use is proposed for the building and its height. IThe project builder responded that it will be used for storage of lawn equipment, a small boat, and for parking of the children's cars. Planner Nielsen scaled the building plan at 15 feet in height. Leslie said she agreed with Mrs.. Gorecki in that it seemed to her that the City has allowed enough to be done with this site. Planner Nielsen said that the drainage should be reviewed by the City Engineer. Spellman moved, seconded by Schultz to table any decision pending raview of the drainage plan by the City Engineer. Motion carried unanimously. • - 3 - Minutes Planning Commission Meeting 4 August 1987 8.00 P.M. PUBLIC HEARING - CONDITIONAL PERMIT TO CONSTRUCT A C CH IN A RESIDENTIAL DISTRICT New Apostolic Church 5765 Smithtown Circle Mr. Ron Stein, representing the National Organization of the New Apostolic Church of North America, is requesting a conditional use permit, pursuant to Section 200.11 Subd. 4b. of the Shorewood Zoning Ordinance, to build a church at 5765 Smithtown Circle. Planner Nielsen said that plans and specifications for street and utilities improvements must be submitted and approved by the City Engineer, and a letter of credit provided to ensure completion of same. The City Engineer also needs to review the grading and drainage plans. Public portion of the public hearing opened at 8:55 P.M. Pat Weitnauer, 26105 Wild Rose Ln., said she is concerned about dr intile in the area being destroyed. She also expressed concern about the Smithtown R ad access for Zdrazil Excavating being blocked, forcing the trucks to use Wild Rose Lane causing a safety problem for neighborhood children. Public portion of the public hearing closed at 9:00 P.M. Spellman moved, seconded by Leslie to recommend to Council approva of the conditional use permit subject to the Planner's recommendations. Motion carri d by roll call vote 5 ayes - 2 nays (Watten and Schultz). 8:10 P.M. PUBLIC HEARING - SETBACK VARIANCE Robert Mason Homes - 5570 Old Market Road Randy Travalia, representing Mason Homes, said that the setbacks f Dr this site were to be proposed with a reduced rear yard at the time of the P.U.D. approvals. He said that on account of illness on the part of the developer, the proposed setbacks were overlooked at the time of final plat approval. For this reason it is being processed as a separate variance request for the specific lot. Public portion of the public hearing opened at 9 :15 P.M. Mr. Roger Hennessy, representing Board members of St. John the Baptist Church who holds title to the Resurrection Cemetery, submitted a written statement objecting to the setback variance request. The letter referred to the granting of such variance grossly impacting the character and special needs of the cemetery. The letter also referred to the Zoning Ordinance section setting forth criteria for variance approvals, one of which being that the hardship not be created by the owner. John Huber, member of Church Board, suggested combining the lot wiiih adjacent lotto make adequate space for the house. Public portion of the public hearing closed at 9:29 P.M. Spellman moved, seconded by Benson to recommend to Council denial request. Spellman said that the request goes against the P.U.D. a said that he can't accept error on the part of the developer as a deny carried by roll call vote - 6 ayes - 1 nay (Leslie). - 4 - of the setback variance approved. Benson Hardship. Motion to Minutes Planning Commission Meeting 4 August 1987 8 :20 P.M. PUBLIC HEARING - SETBACK VARIANCE /VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Dennis Wolter - 4900 Suburban Drive Mr. Wolter was present to request approval of an 8 foot setback variance which would allow him to add a 12' x 15' dining room to his present home. The existing structure is located 11 feet from the r.o.w. of Suburban Drive. The addition is 'proposed to be located 22 feet back from the r.o.w. Public portion of the public hearing opened at 9:52 P.M. Public portion of the public hearing closed at 9:52 P.M. without comment. Spellman moved, seconded by Leslie to recommend to Council approval 'of the variance requests based on the Planner's recommendations. Motion carried unanimously. 8:30 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A GAS STATIONIIIAND CAR WASH/ SETBACK VARIANCES - AMOCO SERVICE CENTER Marcus Development Corp. - 24365 Smithtown Road Mr. Mark Senn, of Marcus Development Corp., representing YES Properties Partnership, was present to request C.U.P. and setback variance approvals to redevelop the property located at 24365 Smithtown Road. They propose to tear down the existing building and replace it with a new Amoco Service Center including motor fuel sales, convenience grocery store, auto service bays and an automatic car wash. The gaE station, auto service elements, and car wash require conditional use permits. Th y are also requesting setback variances for the overhead canopy in the front of the site and for parking at the rear of the site. They would like to relocate an existing nonconforming billboard on the site which would also require a variance. Mr. Senn pointed out that there are currently two existing billboards on the site. He proposes to remove the one located on the existing building. The N4egele Sign Co. is not willing to withdraw their lease agreement on the freestanding billboard but they will allow it to be moved back. Planner Nielsen said that screening for outdoor storage needs to belIshown on the site plan, as well as enhanced landscaping for the parking in the rear (if a variance is granted). Jim Fillippi, project engineer and architect, said that drainage will be served by temporary ponding at the rear of the property. Public portion of the public hearing opened at 10 :30 P.M. Jim Heiland, owner of business on east side of site, asked for the exact proposed location of the freestanding billboard, and landscape plan. Both were pointed out for him on the site plan. Public portion of the public hearing closed at 10 :34 P.M. Mr. Senn said that their plan is to limit signage to the west and north facing side of •the property with a messageboard located at the northwest corner. flatten and Leslie said they felt the signage is still excessive. - 5 - • • Minutes Planning Commission Meeting 4 August 1987 Discussion followed regarding the relocation of the freestanding Nielsen said that if it comes down for any reason, it should not up. Planner Nielsen said he also recommends moving the gas pumps and setbacks. Mr. Senn said they can find no other way to design the Nielsen questioned the necessity of the westerly-most driveway ac that were removed there would be more room to work with. Ilboard. Planner allowed to go back nopy so that it meets to fit. Planner ss to Co. Rd. 19, if Leslie moved, seconded by Mason to recommend conceptual approval fending review by the City Engineer; that the City Attorney provide his opinion on moving of the freestanding billboard within the site; signage plans and front setbacks be resolved; review of Co. Rd. 19 accesses by the Henn. Co. Engineer, and re-evaluation by the Commission at its 18 August Study Session. Motion carried unanimously. 8:45 P.M. PUBLIC HEARING- PROPOSED REZONING - LILAC LANE Shorewood City Council - North side of Lilac Lane between Apple W and Mill St. Planner Nielsen pointed out that although the Council's motion waE to propose rezoning to R-1B, the intent of the motion was to bring existing structures into conformity with setbacks which would only be accomplished by R-1C (or greater density) rezoning. In any case, the option stills exists to approve R-1B rezoning even though the legal notice stated R-1C, however the vice-versa would not be true. Eric Danser stated that he feels R-1C zoning is appropriate for the character of the neighborhood, however, he said he would like to make it clear that the proposal to rezone the area was not his idea. Public portion of the public hearing opened at 11:29 P.M. John Breckheimer, 21710 Lilac Lane said he protests rezoning and would prefer to see a variance granted for Mr. Danser. Mark Simcox, 21600 Lilac Lane, referred to a letter of objection submitted by Mr. Ed Hartman of 21780 Lilac Lane which was received by the City. Mr._ Eimcox stated that he doesn't think rezoning is an appropriate way to grant a variance that everyone in the neighborhood supports. Mrs. Simcox, Lilac Lane, is against rezoning and supports the variance. Mark Simcox said he would want a written guarantee that taxes wou d not increase if his land were rezoned. Public portion of the public hearing closed at 11:40 P.M. Spellman moved, seconded by Robertson to recommend to Council deni rezoning to R-1C. Motion carried (Leslie). al of the proposed - 6 ayes - 1 nay M • CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 18 AUGUST 1987 M I N U T E S CALL TO ORDER Chair Watten called the meeting to order at 7 :34 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7'i :30 P.M. Present: Chair Watten; Commissioners Schultz, Spellman, Robertson, Leslie, Benson, Mason; Councilman Gagne (sub. for Stover); Planner Nielsen; Planning Assistant Helgesen. Absent: Council Liaison Stover. APPROVAL OF MINUTES Commissioners noted that the motion for denial of rezoning Lilac Lane to R -1C did not state "due to neighborhood opposition ". Leslie moved, seconded by Benson to approve the minutes of 4 August 11987 as corrected. Motion carried unanimously. CONDITIONAL USE PERMIT - ACCESSORY SPACE IN EXCESS OF 1000 SQUARE FEET - CONTINUED FROM 4 AUGUST 1987 isJ. Brooks Hauser - 27190 Edgewood Road Tim Keane, attorney for Mr. Hauser, submitted a written statement addressing the criteria set forth in the Zoning Ordinance as regards conditional use permit& for accessory space. He said they have submitted a revised plan for the garage which has been reviewed and approved by the City staff. Chair Watten reopened the public portion of the public hearing at 7:141 P.M. April Carroll (neighbor to west) said she understands that a swale will alleviate the drainage problem, but she still objects to the building. She said the building will totally block their view of the lagoon, and would like to see the building made smaller. She would just as soon not see the building there at all or moved further south. Arthur Carroll said he doesn't trust what is going on next door anymore. He is concerned that the garage will be converted to separate living quarters in thefuture. He said that when problems have occurred on the lot, nothing is corrected until he actually complains about it. Gary Petrich (one lot over from Carroll's) said he echos Art Carroll''s sentiments. He said he wasn't aware of revisions to plans, and is interested in the location of buildings because he is remodeling his own house with perspective toilake views. Daryl Melquist (Bachman's) showed an illustration of a planned arborvitae hedge to be planted at 5 feet and maintained at 8 feet located behind the proposed garage as a buffer. He said that they have revised the roof slope from a 12:12 'down to a 9:12 pitch which lowers the height by 1 -1 \2 feet, and lowering the elevation 1 foot for a total drop of 2 -1 \2 feet in elevation. Minutes Planning Commission Meeting 18 August 1987 0 Public portion of the public hearing closed at 7:57 P.M. Spellman asked if the land grade had been changed along the west side of the lot (behind the proposed garage). Mr. Melquist said not for the most part. Planner Nielsen reviewed to -date the history of construction on the 'property. Leslie pointed out that there have been a number of variance requests made 'for the site. Spellman moved to table discussion until a final detailed grading plan is submitted. The motion died for lack of a second. Planner Nielsen said that all aspects of the request should be addressed before tabling the issue. Mr. Melquist showed a drawing which illustrated the changes which have been made over the pre - existing structures, and their location on the lot. Mr. Keane said that Mr. Hauser has installed catch basins at two points on the westerly lot line which will benefit the Carroll's property. He also commented that the house itself could have been built at the site of the proposed garage, at ',a greater height. He further stated that the C.U.P. request satisfies all of the criteria in the Ordinance. Schultz moved, seconded by Mason to recommend to Council approval of the C.U.P. subject to the City Engineer's approval of the final detailed grading plan. Spellman said he felt the Commission should have had the final grading plan available to them. Schultz said he feels that is the Engineer's job to review. Motion carried 'by roll call vote - • 5 ayes - 2 nays (Spellman and Leslie). This item will appear on the Council agenda of 24 August 1987. CONDITIONAL USE PERMIT FOR A GAS STATION AND CAR WASH /SETBACK VARIMCES - AMOCO SERVICE CENTER - CONTINUED FROM 4 AUGUST 1987 Marcus Development Corp. - 24365 Smithtown Road Mr. Senn reported on the revisions they have made since 4 August 19$7. He said that their signage plans are as described in the Planner's report, being one each for the food shop and car wash, and the canopy would display an Amoco sign on the east and west sides. The service bays on the west side of the building will be lebled "Certicare ", and the Certicare logo would be displayed in front of the service office. He said they have increased the green strip (grass area) at the front of the site along Co. Rd. 19 from 5 feet to 9 feet in width. He said they would still like a variance for the canopy, although if this is denied they will cut it off at the setback line. They definitely want to maintain the westerly access onto Co. Rd. 19. He said the access meets City code and it is still subject to Hennepin County approval1 He stated that if they are denied the westerly access they will withdraw the entire request. Mr. Senn said that the watermain running under the property as noted in the Engineer's report was a total surprise to them. Chair Watten asked if there was anyone present in the public audience who would like to 0 i comment. The persons present said they were there is support of the project. - 2 - Minutes Planning Commission Meeting 18 August 1987 Leslie moved seconded b Robertson to recommend to Council approval 'of the conditional • Y use permit to allow the gas station, auto service and car wash, with 'curb cuts as proposed by the developer. Motion carried by roll call vote - 6 ayes - 1 nay (Spellman). Spellman moved, seconded by Schultz to recommend to Council denial of the setback variance for the overhead canopy, and recommend that it be cut back to the setback line. Motion carried by roll call vote - 6 ayes - 1 nay ( Watten). Leslie moved, seconded by Benson to recommend to Council approval of '';the 33 foot setback variance for the rear parking lot setback. Motion carried by roll call vote - 6 ayes - 1 nay (Spellman). Spellman moved to recommend denial of the setback variance for the paved surface at the front of the site. Motion died for lack of a second. Schultz moved, seconded by Leslie to recommend to Council approval of the 6 foot setback variance for the paved surface at the front of the site. Planner Nielsen cautioned that granting of this variance will set a precedence for future requests,jand also that the Wash IN Roll Car Wash was denied a similar variance request. Motionlcarried by roll call vote - 4 ayes - 3 nays (Spellman, Robertson, Benson). Schultz moved, seconded by Robertson to recommend to Council approvals of the variance to allow relocation of the freestanding billboard on the site, contingent upon the developer not renewing the lease agreement. Motion carried unanimously by roll call vote. SThis item will appear on the Council agenda of 24 August 1987. MATTERS FROM THE FLOOR None. REPORTS Councilman Gagne reported on actions taken by the Council on the previous Planning Commission recommendations. He also thanked the Commission for the good job that they do and acknowledged that their task is not an easy one. ADJOURNMENT Schultz and Watten announced that they will not be able to attend the 1 September meeting. Leslie moved, seconded by Benson to adjourn the meeting at 9:50 P.M -I Motion carried unanimously. Respectfully submitted, Patti Helgesen Planning Assistant 0 - 3 - • CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 1 SEPTEMBER 1987 M I N U T E S CALL TO ORDER Vice -Chair Leslie called the meeting to order at 7 :30 P.M. ROLL CALL CIOUNCIL CHAMBERS 51755 COUNTRY CLUB ROAD 71':30 P.M. Present: Vice -Chair Leslie; Commissioners Robertson, Benson, Mason and Spellman; Councilman Gagne (sub. for Stover); Planner Nielsen; Plan. Asst. Helgesen. Absent: Chair Watten and Commissioner Schultz (both excused). APPROVAL OF MINUTES Robertson moved, seconded by Benson to approve the minutes of 18 August 1987 as written. Motion carried unanimously. 7 :30 P.M. PUBLIC HEARING - PRELIMINARY PLAT - GALPIN LAKE WOODS Schoenhall, Ltd. - Approx. 8.15 acres at the west end of Bracketts Road Mr. Jeffrey Schoenwetter, President of Schoenhall, Ltd. was present ',to propose a preliminary plat named Galpin Lake Woods. He would like to create 1j2 single- family lots on approximately 8.15 acres of land located at the west end of Bracketts Road. The •property is zoned R -1C, and all of the proposed lots sizes and dimenjsions comply with the requirements of the R -1C district, with the exception of Lot 12. Planner Nielsen reviewed the request. He said the plat would be served by a cul -de -sac extended from the Bracketts Road right -of -way. Lot 12 is proposed to be accessed via an easement between Lots 9 and 10 to the cul -de -sac. Lot 12 also needs a width variance at its south end due to a narrow portion at the building setback line. Planner Nielsen reported the City Engineer's preliminary review of the plat. He said that a resident had questioned whether or not the Army Corps of Engineers should be involved, and said that the City Engineer has said this is not necessary because there is no wetland alteration involved. The Engineer also feels that the do'veloper will need to go back 60 feet from the end of the existing blacktop and bend it southward to line up with the right -of -way. Sewer will need to be extended to the end of the cul -de -sac. He suggests moving the driveway easement for Lot 12 so that it runs between Lots 8 and 9. The storm sewer at the west end has to have an easement or change route to the proposed easement. Planner Nielsen said that the center islands located at the entrance; to the plat and at the center of the cul -de -sac should be eliminated because of traffic hazard and maintenance problems. Public portion of the public hearing opened at 7 :50 P.M. John Moore, 22340 Bracketts Rd. (subject property owner), said perhaps center islands • could be maintained by a Homeowner's Association. Minutes Planning Commission Meeting 1 September 1987 • Jan Anderson, 22490 Murray St. asked if an Environmental Impact Statement had been submitted and if there will be any docks put in Galpin Lake. Also, ',will the debris end up in the Lake. Mr. Schoenwetter said that he has submitted his plans to all necessary governmental units, they have no plans to install docks as part of the development, and all debris will be disposed of off -site. Bob Hoban, 22120 Bracketts Rd., asked when Bracketts Road became a public street. He said he never deeded any land over to public right -of -way. Planner 'Nielsen said that the street dedication came from the property on the south side of the existing r.o.w., and checking the document number from the plat with Hennepin County would confirm the date. Patrick Arens, 22150 Bracketts Rd., said that access to the subject property currently runs across his yard. Mr. Schoenwetter stated that the new road will be located south of his property. John Sayer, 22230 Murray St., said he would encourage extending the ''Woodhaven city well to the project. Planner Nielsen explained that the developer did explore that possibility, but the City does not have the money to do the extension. Mr. Sayer also said he would like to see the City require one -acre lots for this development to maintain the integrity of the area. And he would like the easement for Lot 12 to be public r.o.w. so that he can use it for access to his land as well. Jim Pedersen, 22090 Bracketts Rd., is concerned about the existing culvert under Bracketts Road. Planner Nielsen said the culvert will not be affected by this •development. Patrick Arens said he would like to know just where the road will be built. Planner Nielsen pointed out for him how the road will run in front of his property. Bob Hoban asked if the existing culvert will be enlarged along with the road. Planner Nielsen said the City Engineer did not feel that would be necessary, Bev Huntington 21990 Bracketts Road said she is concerned about drainage. Jan Anderson asked about required lot sizes. Planner Nielsen said that the area has been zoned R -1C, 20,000 square foot lots at least since 1973. Bill Hanzlik, 22380 Murray St., said he is opposed to 1/2 acre lots. He said he thinks the variance for Lot 12 is just one of convenience. Becky Hoops, 22430 Murray St., asked how the landscape will change on Lot 12, she is concerned about drainage. She was told there will be no land grade',changes. Public portion of the public hearing closed at 8:30 P.M. Spellman moved to recommend to Council approval of the preliminary plat and lot width variance for Lot 12, subject to the Planner's recommendations. Benson seconded for discussion. Benson asked about the purpose of the 20 foot easement between Lots'15 and 6. Mr. Schoenwetter said the easement is for access to the lake and would be deeded to property owners within the plat. - 2 - Minutes Planning Commission Meeting 1 September 1987 Mason asked if there will be docks on the lake. Mr. Schoenwetter said they have no plans to put in docks as part of the development, although a future property owner could put one in. Mason asked if the center islands were really a hazard. Planner Nielsen said that islands located at intersections are acceptable, but in this case the center island would be located in the middle of a through - street and would be very hazardous. Public Works Director Zdrazil has said that a center island in the middle of a cul -de -sac is a very difficult maintenance problem for snow plowing. Leslie asked how much of a variance is necessary for the south end of Lot 12, and why is the driveway easement located between Lots 9 and 10 instead of 8 and 9. Planner Nielsen said that the lot width needed at the building setback is 100 feet, and there is approximately 35 feet showing. Mr. Schoenwetter said that locating the driveway between Lots 9 and 10 would have less of an impact on trees and vegetation, inspite of the fact that the grade is more severe at that location. The project engineer pointed out that the grade for the cul -de -sac on the final grading plan submitted for preliminary plat shows 1.6 %. Motion carried unanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 14 September 1987. SIMPLE SUBDIVISION Kathy Holschuh - 25110 Yellowstone Trail .Planner Nielsen reviewed the request to divide the property at 25119 Yellowstone Trail into two lots. He said the proposed division would create lots 40,9114 and 40,106 square feet in area. Ms. Holschuh said that they plan to move the detached garage onto Parcel A next to their attached garage. Spellman moved, seconded by Mason to recommend to Council approval of the simple subdivision subject to the Planner's recommendations. Motion carried unanimously. This item will appear on the Council agenda of 14 September 1987. MATTERS FROM THE FLOOR None. REPORTS Councilman Gagne reported on Council action taken on the Towne Addition; Brentridge (delayed by developer); Hauser C.U.P. (approved); Amoco Station (denied). ADJOURNMENT Leslie moved, seconded by Robertson to adjourn the meeting at 8 :55 P.M. Motion carried unanimously. • Respectfully submitted, Patti Helgesen Planning Assistant - 3 - • CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 6 OCTOBER 1987 M I N U T E S CALL TO ORDER Chair Watten called the meeting to order at 7 :35 P.M. ROLL CALL CIOUNCIL CHAMBERS $755 COUNTRY CLUB ROAD 7:30 P.M. Present: Chair Watten; Commissioners Schultz, Spellman, Robertson, Benson, Council Liaison Stover; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioners Mason and Leslie (both excused). APPROVAL OF MINUTES Robertson moved, seconded by Benson to approve the minutes of 1 September 1987 as written. Motion carried unanimously. 7 :30 P.M. PUBLIC HEARING - PRELIMINARY PLAT - HARDING ACRES 2ND ADDIITION Lake Minnetonka Homes - No. of Smithtown Rd. & E. of Wedgewood Dr. Planner Nielsen reviewed the history of this development, stating that the plat has received approval twice before. Mr. Richard Conry of Lake Minnetonka Homes is requesting approval of the Harding Acres 2nd Addition plat and has made no revisions to it. The plat contains 12 lots and is located in the R -1C, single - family residential district. Public portion of the public hearing opened at 7 :40 P.M. Lindy Aagaard, Wedgewood Drive, asked what kind of homes are proposed. Mr. Conry said that although he will not be one of the builders, the homes will be of comparable value to that which currently exists. Public portion of the public hearing closed at 7 :41 P.M. Benson moved, seconded by Spellman to recommend approval of the preliminary plat subject to the Planner's recommendations: 1. Approval of the plans and specifications for street and utility ',improvements by the City Engineer. 2. The applicant must submit an up -to -date title opinion for review by the City Attorney. 3. Park dedication fees ($500 per lot) must be paid prior to release of the plat. 4. The applicant's engineer must submit an estimate of the cost of ',constructing required improvements. 5. Subject to the City Engineer's approval of the estimate, a letter of credit for 150 • percent of the estimate must be provided by the applicant to ensure construction of the improvements. Minutes Planning Commission Meeting 6 October 1987 06. It is recommended that the staff be directed to prepare a standard subdivision development agreement covering the above- mentioned items and including provisions for scheduling and inspection of improvements, reimbursement of Citylexpenses, building permits, etc. 7. The applicant's engineer should prepare a detailed grading plan showing proposed elevations of building pads. Once this has been reviewed by the City Engineer, grading work may be commenced. Motion carried unanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 13 October 1987. 7 :45 P.M. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - REDUCING THE'SIDE YARD SETBACK FOR LAKESHORE LOTS Planner Nielsen reviewed his report for the Commission. At its 10 August 1987 meeting, the City Council voted to direct the Planning Commission to hold a public hearing on an amendment to reduce the side yard setback for lakeshore lots to 10 feet. This decision came after voting to approve a variance which contradicted the current side yard setback for lakeshore lots. Planner Nielsen said that a study of lakeshore lot development showed a total of approximately 372 lots, of which approximately 40 lots are undeveloped. This figure accounts for potential subdivision. The result is that 89% of the lakeshore lots are . developed. Public portion of the public hearing opened at 7:50 P.M. David Garber, 26980 Edgewood Road, submitted a written statement. He said that he is opposed to the proposed amendment. He suggests applying the proposed 10 foot setback only to developed lots. Kelsey Page, attorney for Henney, Lovrien, Ofstead, et al, joint owners of a lot adjacent to Mr. Garbers. Mr. Page noted that Mr. Garber purchased his lakeshore home at a time when the setback was 10 feet, and he was aware that there was a vacant lot next to him at that time. Public portion of the public hearing closed at 7:58 P.M. Spellman said this sounded like a political issue to him Schultz questioned why lakeshore owners should be treated different than non - Lakeshore owners. Watten said he felt the character of the lakeshore should be preservled. Benson moved to table any decision so that there may be more Commissioners present. Motion failed for lack of a second. •Schultz requested that the City Attorney present a legal interpretation of what constitutes hardship for the benefit of the Planning Commission. - 2 - Minutes Planning Commission Meeting 6 October 1987 •Spellman moved, seconded by Robertson to lakeshore lots be maintained at a 30 foot Motion carried by roll call vote - 4 ayes recommend that the current Side yard setback for total with no less than 10feet on either side. - 1 nay (Schultz). SIMPLE SUBDIVISION Kent Adams - 25140 Glen Road Mr. Adams would like to divide his property into two lots. The site contains approximately 1.24 acres of area and is zoned R -1C, single - family residential. The proposed lots comply with the lot area and dimension requirements of the R -1C district. An existing shed near the lot line will be removed probably next summer. Spellman moved, seconded by Schultz to recommend approval of the subdivision subject to the Planner's recommendations: 1. The applicant must submit an up -to -date (within 30 days) title opinion for the property. 2. The applicant must provide drainage and utility easements, 10 feet on each side of each side and rear lot line. 3. The applicant should provide five feet of r.o.w. as recommended. 4. Prior to release of the Council resolution approving the division, the applicant must pay the $500 park dedication fee for the west lot. Credit is gijven for the existing house on the east lot. 5. The shed should be moved or removed prior to release of the resolution. If the applicant chooses to wait to remove the building, a $1000 escrow] deposit or letter of credit should be required to ensure that it will be removed. 6. The above - mentioned items must be completed within 30 days of thle Council's approval of the division. The division must be recorded with the County within 30 days of the applicant's receipt of the Council resolution. Motion carried unanimously. MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover reported that Galpin Lakes Woods was Council has adopted a new Ordinance to regulate "going out ADJOURNMENT Benson moved, seconded by Robertson to adjourn the meeting unanimously. Respectfully submitted, Patti Helgesen Planning Assistant - 3 - approved], and that the of business" sales. at 8:48 P.M. Motion carried CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 20 OCTOBER 1987 71:30 P.M. 0 M I N U T E S CALL TO ORDER Chair Watten called the meeting to order at 7:30 P.M. ROLL CALL Present: Chair Watten; Commissioners Benson, Mason, Schultz, Robertson, Leslie; Council Liaison Stover; Planner Nielsen; Planning Asst. Relgesen. Absent: Commissioner Spellman (excused). APPROVAL OF MINUTES Benson moved, seconded by Robertson to approve the minutes of 6 October 1987 as written. Motion carried unanimously. 7:30 PUBLIC HEARING - CONDITIONAL USE PERMIT - CITY HALL EXPANSION Shorewood City Council - 5755 Country Club Road Planner Nielsen reviewed the history of the expansion proposal sincejJanuary of 1987. He said that Nick Ruehl of EOS Corporation has done a needs analysis which showed that expanding the existing City Hall building to be the most cost efficient in providing . additional administrative office space. Mr. Jeff Stromgren of EOS Corporation was present to answer any questions. Public portion of the public hearing opened at 7:35 P.M. Public portion of the public hearing closed at 7 :35 P.M. without comment. Leslie questioned the purpose of the proposed berm on the north sid of Badger Park. Planner Nielsen explained that the berm would help screen the public works facilities from the park, as well as the surrounding residential area. Schultz asked why the City hasn't improved upon itself prior to thisl time. Planner Nielsen noted that until the current Zoning Ordinance was adopted, many of the needed site improvements were not nonconformities to the Ordinance. Schultz asked if there is anything equivalent to a letter of credit that the City could post to assure that the site improvements will be made in conjunction with the City Hall expansion. Planning Nielsen said he knew of nothing equivalent that the City could use against itself. Stover clarified that the CUP request is to allow expansion of the ity offices, and the site improvements are staff recommendations for the Planning Commission to consider. Mason asked if the proposed expansion will accommodate the needs of ',the City ten years from now. Planner Nielsen said that the needs analysis showed the expansion would accommodate a staff needed to serve up to a population of 12,000 (one employee per every 1,000 residents), and the analysis refers to the upper story only. Schultz moved, seconded by Benson to recommend to Council approval of the C.U.P. for expansion of City Hall contingent upon the Planner's recommendation ',and that work not commence on the building until funding is allocated for completion of all site improvements to the entire City Hall /Badger Park property. Minutes Planning Commission Meeting 20 October 1987 •Planner Nielsen pointed out that this motion would delay expansion until next year because the budget for 1988 has already been adopted. Schultz said b,e believes the City could come up with the funding. Leslie said she feel the motion is too strict and there needs to be is compromise. Benson said this request should be handled like any other developer's proposal. Schultz withdrew his motion. Benson withdrew his second. Schultz moved, seconded by Benson to recommend to Council approval of the G.U.P. for expansion of City Hall subject to the Planner's recommendations and contingent upon a commitment by resolution that funding be provided in the 1989 City Budget for implementation of the overall site improvements to the City Hall/Badger Park property as follows: 1. Parking areas should be curbed, striped and landscaped. 2. Front yard parking setbacks should be observed, and driveway access point be narrowed and better defined. 3. An opaque screen on the north side of the tennis courts should be installed. 4. Additional evergreen trees should be planted along the southerl edge of the park. 5. A four -foot earth berm should be constructed along the secondary access drive on the north side of the park and a five -foot wooden fence erected as a visual barrier for the park and residential property to the south. The south side of the fence should be landscaped to soften the effect of the fence and eventually increase the height of the screen. . 6. The northernmost corner of the site should be considered for public works storage, or, as the Park Commission would prefer, additional parking at that site. These recommendations are as shown on Exhibit F of the Planner's report dated 14 October 1987. Motion carried unanimously by roll call vote - 6 ayes. PAT MASON - LEAVE OF ABSENCE Leslie moved, seconded by Benson to grant a leave of absence for the months January, February and March of 1988 assuming her reappointment to the Commission. Motion carried unanimously. MATTERS FROM THE FLOOR None. REPORTS Stover reported that all requests from the previous meeting were approved. ADJOURNMENT Benson moved, seconded by Robertson to adjourn the meeting at 8 :35 P.M. Motion carried unanimously. Respectfully submitted, Patti Helgesen Planning Assistant - 2 - L] CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 3 NOVEMBER 1987 M I N U T E S CALL TO ORDER Chair Watten called the meeting to order at 7 :30 P.M. ROLL CALL COUNCIL CHAMBERS 51755 COUNTRY CLUB ROAD 7'I :30 P.M. Present: Chair Watten; Commissioners Leslie, Mason, Schultz, Spellman; Council Liaison Stover; Planner Nielsen; Planning Asst. Helgesen. Absent: Commissioners Benson and Robertson (excused). APPROVAL OF MINUTES Leslie moved, seconded by Mason to approve the minutes of 20 October 1987 as written. Motion carried unanimously. 7 :30 P.M. PUBLIC HEARING - SIMPLE SUBDIVISION /COMBINATION AND VARIANCE John Sayer - 22230 Murray Street Mr. Sayer was present to request approval of a lot combination and simple subdivision of property he owns located midway between Cardinal Drive and Apple Road. He currently has .three separate parcels of land, a combined total of 385,416 square feet. He wishes to combine the three parcels and then subdivide it into two parcels containing 206,820 sq. ft. and 178,596 sq. ft. The southerly parcel does not have frontage! on a public r.o.w., for which he is requesting a variance. The southerly parcel abuts the Chanhassen City border and the applicant has obtained an access easement through a lot in Chanhassen to serve that parcel. Barbara Dacy, Chanhassen City Planner, was present and told the Commission that at its 2 November meeting the Chanhassen City Council voted to not allow access through Chanhassen to any further subdivision of the southerly parcel. Public portion of the public hearing opened at 7:39 P.M. Becky Hoops, Murray St., asked how access would be gained to this pr perty if denied through Chanhassen. Planner Nielsen said that if adjacent land owners cooperated, they could create access through their properties. Public portion of the public hearing closed at 7 :42 P.M. Leslie questioned the possibility of access from Stratford Place. Planner Nielsen said that houses and topography preclude access there. Leslie asked why the Chanhassen City Council chose to deny further access. Ms. Dacy said that the concern as to whom would serve for public safety and street maintenance was a major factor. She said the Council seemed open to further sewer service from Chanhassen, but is opposed to access use. Planner Nielsen said that Shorewood would most likely . serve the public safety aspect. The Commission discussed alternate access sites, noting topography as a problem in most areas. Minutes Planning Commission Meeting 3 November 1987 Mr. Sayer said that he is only asking to create one lot for now needing service from Chanhassen, but he desires to maintain the option of three lots and he will speak with the Chanhassen Council about that. He said he is agreeable to entering into a development agreement between the two cities and himself as suggested in the Planner's report. Leslie moved, seconded by Spellman to recommend to Council approval of the subdivision and variance subject to the Planner's recommendations: prior to release of the Council resolution approving the request, the applicant must submit an up -to -date (within 30 days) title opinion for review by the City Attorney. The division and combination must be recorded within 30 days of the applicant's receipt of the resolution approving the request. The resolution should also stipulate that any further division of either parcel will be done by formal plat. SIMPLE SUBDIVISION John and Judy Cross - 24250 Smithtown Road Mr. Cross said house located approximately that he owns 7.5 acres of land behind the Tonka Bay shopping plaza at the front end of the property. He would like to divide off one acre with the house on it from the remainder of the land. Spellman moved, seconded by Leslie to recommend to Council accordance with the Planner's recommendations 2. with a approval 'of the subdivision in The applicant should consider reducing the size of the lot with ''the house on it in order to achieve seven lots 30,000 square feet in area on the northerly portion of the property. The applicant must submit an up -to -date the City Attorney. 3. The applicant must provide drainage and north, west and east property lines of the undeveloped portion of the site can (within 30 days) title opinion for review by utility easements, 10 feet wide, along the the lot with the house on it. Easements on be obtained at such time as it is developed. 4. The applicant must pay a park dedication fee for the vacant lot ''($500). Credit is given for the lot with the house on it. 5. An old garage located on the undeveloped portion of the property must be removed. If the applicant proposes to remove it after the division is recorded, a $1000 letter of credit should be required to ensure that the building is removed within 180 days. 6. A number of boat trailers and cradles are currently being stored at the rear of the site. These should be removed prior to release of the resolution approving the division. 7. The preceding conditions should be satisfied within 30 days of the Council's approval of the request. Once the applicant receives the resolution, he 'must record it within 30 days of that date. • 8. The Council resolution should require that any further division of the property be done by formal platting. - 2 - Minutes Planning Commission Meeting 3 November 1987 is MATTERS FROM THE FLOOR Planner Nielsen reported that the City Attorney has submitted a statement regarding undue hardship. The Commission agreed to study this at their 1 December �eeting. REPORTS Stover reported that the burned -out house at 5620 County Road 19 will be burned by the Fire Department this Thursday, 5 November 1987. The Christmas Lake cul -de -sac has been approved. ADJOURNMENT Leslie moved, seconded by Spellman to adjourn the meeting at 8 :47 P.M. Motion carried unanimously. Respectfully submitted, Patti Helgesen Planning Assistant • • 3 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 51755 COUNTRY CLUB ROAD TUESDAY, 1 DECEMBER 1987 71,:30 P.M. i M I N U T E S CALL TO ORDER Chair Watten called the meeting to order at 7 :34 P.M. ROLL CALL Present: Chair Watten; Commissioners Leslie, Benson, Mason, Schultz, Spellman, Robertson; Planner Nielsen; Planning Assist. Helgesen. Absent: Council Liaison Stover (excused). APPROVAL OF MINUTES Watten corrected a grammatical error on page one, second to last paragraph, second sentence, to read "who would provide" rather than "whom would serve ',for" public safety... Spellman moved, seconded by Leslie to approve the minutes) of 3 November 1987 as corrected. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - PRELIMINARY PLAT - SOUTH FORTY ADDITION Wayne Pokorny - 24275 Yellowstone Trail Planner Nielsen reviewed his staff report for the benefit of all present. Mr. Pokorny proposes to divide his approximate 5.7 acres into ten lots served by a cul -de -sac off of Yellowstone Trail. As noted in the Planner's report, several items need revision to comply with the zoning and subdivision regulations, such as lot layout, street width, etc. Mr. Pokorny requested that the Commission table this matter until he is able to provide a professionally designed plat. Planner Nielsen reported that the City Attorney advised that the public portion of the public hearing should still be opened and then continued to a specific date. Chair Watten opened the public portion of the public hearing at 7 :44 P.M. Marvin Boote, 24340 Yellowstone Trail, said that his main concern is the location of the proposed cul -de -sac because it will be directly in front of their h use, and the proximity to the Yellowstone Trail /Country Club Road intersection wa'll be a hazard. He also has submitted a written statement further detailing his objections. Ilka Priest, 24020 Yellowstone Trail, is concerned about the increased traffic potential on Yellowstone Trail and would rather see the proposed cul -de -sac access Wood Drive. Chair Watten read aloud letters of objection submitted by the following persons: Greg and Fern Anderson, 6065 Tee Trail James F. and Wanita J. Baskf ield, 24355 Wood Drive Keith F. Bedford, 24375 Wood Drive Paul L. Swanson, 24460 Yellowstone Trail. Spellman moved, seconded by Leslie to continue the public hearing to no later than 2 February 1988. Motion carried unanimously. Minutes Planning Commission Meeting 1 December 1987 1* SIMPLE SUBDIVISION Robert Walz - 5125 Suburban Drive Mr. Walz wishes to divide off the rear 26,292 square feet of his property, which the City has agreed to purchase as an expansion of Manor Park. Mr. Walz's property is located in the R -1C zoning district, and he is keeping enough land (40,841 sq. t.) so that he may divide off an additional lot some time in the future. Watten asked why the City is interested in this land. Planner Nielsen said that the tennis court needs more space, and the lot would contribute as a buffer from the existing residential area. Mason asked if this land is subject to flooding. Mr. Walz said that portions of it are low, although there are areas relatively high which could be graded lout. Leslie moved, seconded by Mason to recommend to Council approval of the simple subdivision subject to the Planner's recommendations: 1. The applicant should provide drainage and utility easements 10 fleet along each side and along the rear of the front parcel. 2. The applicant must provide legal descriptions of the two parcelsbeing created. 3. The City should legally combine the purchased parcel with the Manor Park property. Motion carried unanimously. This item will appear on the Council agenda of 14 December 1987. INFORMAL DISCUSSION - VARIANCES Attorney Froberg submitted a legal opinion of undue hardship for the benefit of the Commission. Planner Nielsen said that one purpose of zoning laws is to protect property values. Spellman said he feels that granting of variances is unfair to the property owners who do comply with the Ordinance. Schultz suggested that the points made in the Attorney's letter be used as a checklist when deciding variance requests. MATTERS FROM THE FLOOR None. REPORTS Planner Nielsen reminded the Commission that the Council's study session is tentatively scheduled for 9 January 1987. An _T n7I'P MMri AT'P Spellman moved, seconded by Benson to adjourn the meeting at 8:47 P.M. Motion carried unanimously. Respectfully submitted, Patti Helgesen Planning Assistant - 2 - III Q�4 Kim • December lst, 1987 Shorewood Planning Commission 5755 Country Club Road Shorewood, MN 55331 Dear Members: We would greatly appreciate whatever consideration you could xtend to us regarding our objections to Mr. Pokorny's proposed development plat. You may be aware that the front of our house sits back only 3 -feet from the road. Part of the house was built approximately 100-yearE ago, and there was an addition made approximately 40 -years ago. At th t time, this set -back was considered normal. We have lived here 27—y cars. The objections we have are as follows: 1. Noise and Traffic a. 80% of the traffic would empty onto Yellowsto ne Trail, which is already heavily traveled. • b. This is a disproportionate amount when therejis an alternative - Wood Drive. c. Backing out of our driveway would be very dangerous. This plan, in effect, would ask us to back into a T -road. d.. There is poor visibility of cars coming from ',the east. e. All the headlights of the cars exiting wouldlshine directly into our living room. This would bo traffic from 8- homeowners plus their guests, etc. f. The extra noise this traffic would generate in addition to the existing traffic noise level - would resent a hardship to us. As it is now, we cannot ever sit in our living room with the front door open. g. We hope the exit would be moved farther east by at least 150 -feet. 2. The entire design is insensitive to the neighborhood. It is not at all comparable with the immediate neighbors' property. It would have a devaluating affect on our property values. • Shorewood Planning Commission December lst, 1987 Page 2 3. A better design would preserve the overall beauty of this fine piece of land. It would also save a lovely old tree that would go if the present plat is approved. It would certai ly make the property more valuable to Mr. Pokorny. We wish to take this opportunity to express our appreciation for the fine work you do to preserve the unique quality of Shorewood. All of our friends remark on how refreshing it is to have this rural atmosphere. It is the wise foresight and hard work of our City Planner, Planning Commission and Village Council who create and preserve this atmosphere. Thank you for your consideration. . Marvin & Hazel Boote 24340 Yellowstone Trail Excelsior, MN 55331 • 10 is • tiG�► OF James and Wanita Baskfield 24355 Wood Drive Shorewood, MN 55331 November 30,1987 Planning Commission City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Request by Wayne Pokorny for preliminary plat approval to subdivide his property into 10 single family residential lots. Dear Planning Commission, Our property is located across the street on Wood Drive from the Pokorny property. WE ARE ABSOLUTELY OPPOSED TO THE PROPOSED SUBDIVIISION. We purchased a home on a one acre lot, in an area platted as one acre lots and we paid a suitably high one acre lot price. We also pay the high taxes associated with Shorewood one acre lots and we enjoylthe relatively low population density and pastoral appearance available in an area of one acre lots. The proposal, if approved, is an unwarranted and unfair intrusion into the property styles, lifestyles and property values presently existing in our area. Again, we are adamantly opposed to the Pokorny proposal to ''subdivide his property into 10 single family lots. Sincerely, i James F. aftd Wanita J. Baskfield Keith F. Bedford 24375 Wood Drive Excelsior, Minnesota 55331 November 30, 1987 • 612474 -1305 Shorewood City Planning Commission 5775 Country Club Road Shorewood, Mn 55331 Dear Commission Members: Re: Wayne Pokorny proposed re- zoning of 24275 Yellowstone Trail, Shorewood,Mn. I am writing your commission to point out my objections to the proposed re- zoning as I am unable to be there in person. All lots South, West and North of the parcel under discussion are 1140 foot plus frontages and of an average size in excess of 30,000 square feet or, more (survey enclosed). I do not feel it would be fair to adjacent property owners to place ten lots of smaller frontage and size in the center of a "Horseshoe" of largerjlots and homes. The proposed re -zoned property also would consist of about six of.the ten lots • with land requiring substantial fill, with standing water during.normal rainfalls. I note in Mr. Pokorny's previous proposal of June, 1983 he referred to 5.24 acres and most recently it is 5.7 acres or a difference of about 22,000 square feet which is roughly ten per cent of the square footage so a survey might belin order to know the exact size under discussion. I would have no objection to the plan if it were in keeping with the average frontage and existing lot sizes of those to the South,.West and North and it the elevations didn't pose water table and drainage problems but I ask that we keep it in line with what already exists and that we overcome any traffic hazards and lighting effects. • Sincerely, Keith F. Bedford 24375 Wood Drive Shorewood, Mn. 55331 i W'4 �(r. REDRICK �-,� ---- E RFU RTH REAL ESTATE, INC. rm . . '��. �► onw�d • AT 7 -NI { � - - •• 4900 OTAIM NIS MAT 101 M +� ♦ } MINNlTON11A. MINN. 9! 49 rilE MILT �i7 �► ty . +Y R�� i �, " !ltcKllNt/d �Mr11�'7J .. �, M as � s �f �CTIV I'c o IO S us rd 4 tu Y ryf All .. • mod. � �� STATE E HIGHWAY % 7 NIk x Paul L. Swanspn 684 t= xcelsior Boulc yarn • Excelsior, Minnesota I f 612/474 -1444 !4 - Personal & Business Insurance Deeemben 1. 1987 The Ptanning Commission City o6 Shorewood 5755 CountAy Ctub Road Shorewood, MN. 55331 Re: Wayne Pokonny',s Pnopozed Sub-Division ob Ttact6 D,E,G 9 f♦', R.L.S. 890 Dean Ptann.i.ng Commis.6ion Members, My Jamity and I Live at 24460 yeUowstone Trait, kitty- eohnot from the pnopoaed .sub- division; we think the dub- d.iv.us-ion, a6 shown in the I "Putimi.naty Pta t, 6houZd be nej ected by the Shorewood Ptanning CommiS.6 i.an. It shoutd be &ejected because: (1) The pro po6 ed euZ- de -.6ac would be enterr i.ng and exiting yeti owatone Trait in an anew that has high volumes o6 tuiJ.ie and very pooh .site tines, to the East. Indeed, with the pta.eement of the toad o n the side o4 a hriU, next to a cu&ve, the proposed toad would be a "bt ind entAa.nee" on to ye tow6tone Trait. (2) The oven -att size o4 the pnopozed .Zot6 (22,900 6q.Jt.) is about hatA the size oA mast o6 the neighbohing pnopeati.e.6:1 bazica ty, the pnopozed .6ub- d.ivc.6ion would be a peni:n�suta os % IacAe tot6 .6unnounded on the North, west and South by existing Ihome6 ` containing one of mane acAes o6 .Zand. Dividing 5 gua aches into 10 pants is not being .6en6.cti.ve to the existing pngPWy owners! Wkite devetopment in Shorewood i,6 .i.nev.ita.bte, it must not compnomri,6e tnabj.ie .6abtey, and .6hou.Zd eompti.ment propentie�s in the immediate 4&ea. The truth of the matter i,6 that Mt. Pohonny'.6 pnopekty .i.6 not Iun4otm.Zy de6iub.Ze, ma&ketabte, of buitdabte, and that he cou.Zd .save hrim.6et. a great deal o f time and money (a6 wet a6 eneate a .lot of goodwiU with h� neighbou) by dividing his ptopenty into tatgen, one ache, buiZdabte & te,6. S.cneerety, II