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1988 pl mn CITY OF SHOREWOOD PLANNING COMMISSION MEETING WESDAY. 5 JANUARY 1988 ~UNCIL CHAMBERS 51755 COUNTRY CLUB 7:30 P.M. ROAD . MINUTES CALL TO ORDER Acting-Chair Leslie called the meeting to order at 7:35 P.M. ROLL CALL Present: Acting-Chair Leslie; Commissioners Robertson. Mason. Schf1tz and Spellman; Council Liaison Stover; Planner Nielsen; Planning Assist Helgesen. Absent: Commissioners Benson and Watten (ill). APPROVAL OF MINUTES Schultz moved. seconded by Spellman to approve the minutes of 1 Dec~ber 1987 as written. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - SETBACK VARIANCE Melissa Reifenberger - 4995 St. Alban's Bay Road Planner Nielsen reviewed his staff report. .PUb1iC portion of the public hearing opened at 7:37 P.M. Public portion of the public hearing closed at 7:40 P.M. without co~ment. Spellman moved. seconded by Schultz to recommend to Council approva] of the setback variance. Motion carried unanimously. This item will appear on the Council agenda of 11 January 1988. SIMPLE SUBDIVISION I1ka Priest - 24270 Yellowstone Trail Planner Nielsen said that the subdivision meets all of the requirem~nts of the Subdivision and Zoning Ordinances. Mrs. Priest said that the southwesterly piece to be divided and con~eyed to the neighbor to the west is only 20 feet in width and will allow them a driveway iturnaround. Spellman moved. seconded by Mason to recommend to Council approval qf the simple subdivision subject to the Planner's recommendations: 1. The applicant must provide an up-to-date (within 30 days) title iopinion for review by the City Attorney. 2. The applicant must legally combine Parcel 2 with the adjoining ]ot to the west. Parcel 3 must be legally combined with her adjoining property t~ the north. For purposes of preparing a resolution. the applicant must provide ~ew legal descriptions for the resulting parcels. . . Minutes Planning Commission Meeting 5 January 1988 .priest Subdivision. continued: 4. The applicant must pay one park dedication fee of $500. 6. The nonconforming buildings must be removed prior to release of Ithe Council resolution approving the request. If the applicant proposes to delay such removal. the City should require a $1000 escrow deposit to ensure that t~ buildings are removed within 180 days. The resolution should include this co~ition. i The applicant must resolve items 1 and 3 - 5 above within 30 da~ of the Council's approval of the request. Once she has received the Council resQIution approving the request. it must be recorded within 30 days. 5. Motion carried unanimously. This item will appear on the Council agenda of 11 January 1988. MATTERS FROM THE FLOOR Commissioners discussed items which they felt should be discussed atl the Special Meeting of 5 March 1988. Suggested items included a financial overview te1~ing how tax dollars are being used. especially in light of the current rapid building g~owth;recreationa1 use of the trail system; variance requests. . .~~S I Council Liaison Stover reviewed the 14 December 1987 Council agenda.1 The Commission was reminded that the meetings in February and March ~i11 be held at the Minnewashta Elementary School due to the City Hall remodeling. ADJOURNMENT , Schultz moved. seconded by Spellman to adjourn the meeting at 8:34 ~.M. Motion carried unanimously. Respectfully submitted. Patricia Helgesen Planning Assistant . - 2 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 2 FEBRUARY 1988 . cpUNCIL CHAMBERS 51755 COUNTRY CLUB ROAD 71:30 P.M. M I NUT E S CALL TO ORDER Chair Watten called the meeting to order at 7:41 P.M. ROLL CALL Present: Chair Watten; Commissioners Robertson. Benson. Schultz afd Spellman; Council Liaison Stover; Planner Nielsen; Planning Assistl. Helgesen. Absent: Commissioners Mason and Leslie (both excused). APPROVAL OF MINUTES Robertson moved. seconded by Schultz to approve the minutes of 5 Janfary 1988 as written. Motion carried unanimously. I 7:30 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT Roy Ahern - 5540 Shore Road Planner Nielsen reviewed his staff report which included reports an~ material from the same request in 1985. Nielsen noted. however. that the current req est for a C.U.P. does .not require a variance due to redesign of the proposed house. He .so noted that Mr. Ahern has submitted a Shoreland Impact Plan with his current reques . Public portion of the public hearing opened at 7:43 P.M. Seymour Mansfield. Attorney for Mr. Ahern. had submitted his writte~ statement to the Commission and reviewed same. He stated that Mr. Ahern's request i~ now in compliance with the requirements of the Ordinance. He pointed out that severa~ other existing lots in the immediate area are smaller than Ahern's and they all have dw~llings on them. He also cited reasons why the C.U.P. would have no adverse affect on t~e health. safety and welfare of the community. nor be inconsistent with the existing cha~acter of the area. He said that Mr. Ahern bought it as a buildable lot with no knowledse of restriction on same. and in fact the lot has been assessed for sewer service. Paul Seifert. 5515 Radisson Entrance. stated objection to the meetiig being tape recorded by Mr. Ahern's attorney. The Commission decided. it being a public meeting. that they had no objection. David Walker. 20485 Radisson Road. noted that Shore Road is a very Jarrow road. He asked why was the lot sold so cheaply ($13.100) if it were buildable? He said Mr. Hayes. the previous owner. should have known the desires of the Homeowners/eas ment holders. and not sold the lot to someone from the outside. Paul Seifert. provided a written history of the ownership of Lot 11.1 Mr. Seifert stated that as of 1/28/88 he has initiated a legal process which will dete~ine the extent to .WhiCh restrictions apply to the easement. He conveyed for his neig~bor. Stephen Larson. 20435 Radisson Road. that he would like his options left open. Minutes Planning Commission Meeting 2 February 1988 . Ahern C.U.P., continued: Mr. Ahern responded to Mr. Walker's statement by saying that he was ~orn in Minneapolis and raised in this area, and he plans to live in the house he wishes I to build on Lot 11. Pat Albrecht, 20575 Radisson Rd, said she doesn't believe Mr. Ahern ~eally plans to live in the house, she said she feels he's "out to make a buck". John Burns, 20545 Radisson Rd, said he had lived in the neighborhoodi for over 25 years and is convinced building on Lot 11 will decrease the property value~ of those who hold easement and doesn't feel it's fair. Mr. Mansfield, in response to Mr. Seifert's statement, said that Mr. Ahern has not been served with any summons as the start of some legal process. Bill Hittler, representing Mark and Maureen Watz of Radisson Inn Add~., said they oppose the request, and wanted to know how Mr. Ahern proposes to accommodat~ the homeowners with easements through Lot 11. Paul Seifert, requested the Commission to table any action until th~ court determines the extent of the easement. Gary Mize, 20480 Radisson Rd, said he has been out of the country f~r the past 3 years . and had almost sold his property in 1985 until the Council decided ~.o deny the request that time. He asked why this issue is being rehashed, and what has Ichanged since then make it a buildable lot today? , at to David Walker, said the homeowner's original agreement was to mainta~n the lot in exchange for the taxes, which they have always done. Today this lot would h~ve been designated as an outlot, and back in 1939 the easement process was the way to go ~bout designating an unbuildable lot. Mr. Mansfield responded that there were many legal methods back in ~939 to create the intent of use of a vacant lot. He further stated that Mr. Ahern do~s not intend to impair access to the beach area of Lot 11. Paul Seifert offered to be more specific, if necessary, about the l~gal process he has referred to. Chair Watten said that legal proceedings do not affec~ the Commission's responsibility to address the City Ordinance. Public portion of the public hearing closed at 9:00 P.M. Spellman moved, seconded by Schultz, to recommend to Council that, :'ased on the motion made and recommendations contained in the Planning Commission minut s dated 20 August 1985, the Conditional Use Permit be approved. The recommendations ,re as follows: 1. Existing site vegetation should be shown on the site plan. Onl~ selective cutting of trees and underbrush will be allowed. Prior to removal of any ~xisting vegetation it should be marked and inspected to ensure compliance with the Or4inance. . - 2 - Minutes Planning Commission Meeting 2 February 1988 . Ahern C.U.P., continued: 2. The grading plan should be subject to review and approval of th~ City Engineer. The grading plan must be modified so that no grading occurs within 40 feet of the normal high water mark. Erosion control must be provided during construction. Erosion qontrol methods should be shown on the grading plan and approved by the City Engineer. I Motion carried by roll call vote - 4 ayes - 1 nay (Benson). 3. This item will appear on the Council agenda of 8 February 1988. SIMPLE SUBDIVISION Stanley Proden (for Robert Engstrom Assoc.) - 4605 Linwood Road Planner Nielsen reviewed his staff report. He noted that Council R~solution No. 21-79 dated 26 March 1979 approved a variance to allow a tennis court (an laccessory structure) to be built on the property without there being a principal structu~e at the time, and to further approve the construction of a single-family home on a portion of the property in the future. He noted that this current request takes it a step tur~her by requesting a subdivision of the lot for the construction of the single-family hOje. Spellman moved, seconded by Benson to recommend to Council approval I,Of the subdivision subject to the Planner's recommendations. . Schultz asked what the difference is between a "lot" and a "tax parqel". Planner Nielsen said that he believes that a lot may have more than one tax parcel ~umber if it is held by more than one fee owner or tax payer. Schultz said that it seem~ to him that the variance was granted with the intent that someday a house would be ~uilt on the same lot, thereby bringing it into conformity. If the lot is divided this wi~l increase the nonconformity and also set precedence for other similar requests. .5. Motion to approve carried by roll call vote - 4 ayes - 1 nay (Schul~z), subject to the following recommendations: 1. The applicant must submit an up-to-date (within 30 days) title <l>pinion for review by the City Attorney. 2. The applicant must provide deeds for the drainage and utility e4sements shown on his survey. 3. The applicant must pay the $500 park fee for the buildable lot (Parcel A). demonstrate to the satisfaction of the City Attorney that Parce~ B will not upon, it is recommended that the park fee for that lot be waive4. If he can be buil t 4. The applicant must advise the City Clerk how he wants sewer equtlization charges spread against the property. Presumeably they will be assessed,to the buildable lot. The above-mentioned conditions must be complied with within 30 ~ays of the Council's approval of the request. Once the applicant has received the C~uncil resolution approving the request he must record the division within 30 day~ of receipt. This item will appear on the Council agenda of 8 February 1988. - 3 - Minutes Planning Commission Meeting 2 February 1988 ~PREAPPLICATION FOR AMENDMENT TO THE COMPREHENSIVE PLAN Strickland Ventures II (Nancy Strickland-Balogh) - 5915 Strawberry Liane Ms. Strickland-Balogh was before the Commission to request directionl on her proposal to amendmend the Comprehensive Plan in order to make application for rl' oning approximately 8.4 acres of land located on Strawberry Lane from R-1A to R-1C. As oted in the Planner's report, the rezoning request of Ms. Strickland's property ould be accompanied by a proposal on a separate parcel of land directly east of Strawbe ry Lane, owned by George Larson, for the same zoning change. Mr. Larson's property wquld not require a Comprehensive Plan amendment. Ms. Strickland said she plans to ext~nd the watermain serving the Shorewood Oaks project to serve her development if it isl economically feasible. ' Watten suggested that she consider R-1B zoning containing 30,000 sq~are foot lots, which would be closer to the surrounding lot sizes. Spellman agreed, say~ng that R-1B would provide a better graduation from the surrounding R-1A zoning. Ms. Strickland said she will re-evaluate the water costs based on R~lB lot sizes. It was clarified for her that she has the option of a private water system.i APPOINTMENT OF 1988 CHAIRPERSON I Spellman moved, seconded by Robertson, to recommend to Council to rJappoint Vern Watten as Planning Commission Chairperson for 1988. Motion carried unanimqusly. . Spellman moved, seconded by Benson to appoint James Schultz as Vice~Chairperson. Motion carried unanimously. MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover said that at their Special Meeting in Janua~" the issue of snowmobiles and the recreational trail use were discussed, and the ity Council has decided that the Planning Commission and Park Commission should hol a joint meeting regarding these issues. Planner Nielsen suggested that study of th~ trail system begin with the Comprehensive Plan. The Planning Commission agreed to mee~ with the Park Commission at their next Study Session on 15 March 1988. Schultz s~ggested that discussion be focused on the trail system only. ADJOURNMENT Spellman reported that he will be out of town during March of 1988. Schultz moved, seconded by Spellman to adjourn the meeting at 10:12 P.M. Motion carried unanimously. Respectfully submitted, . Patti Helgesen Planning Assistant - 4 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TIJESDAY. 1 MARCH 1988 C UNCIL CHAMBERS 5 55 COUNTRY CLUB ROAD 7:30 P.M. . MINUTES CALL TO ORDER Chair Watten called the meeting to order at 7:34 P.M. ROLL CALL Present: Chair Watten; Commissioners Schultz. Robertson. Leslie. renson; Council Liaison Stover; Planner Nielsen; Planning Assistl. Helgesen. Commissioners Spellman and Mason (both excused). Absent: APPROVAL OF MINUTES Robertson moved. seconded by Schultz to approve the minutes of 2 Feb~uary 1988 as written. Motion carried unanimously. i 7:30 P.M. PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT Dick Dreher - Dreher and Associates. Inc. Planner Nielsen said that Dreher and Associates. Inc. have proposed Ito build a shopping center and Tom Thumb store at 5620 and 5660 Co. Rd. 19. and would l~e to do so as a commercial planned unit developement (P.U.D.). Nielsen said that prpvision for .commercial P.U.D. is not included in the current Zoning Ordinance. ~ending the text to include same would allow commercial development with more control o~ the part of the City. P.U.D. would also allow more flexibility and eliminate the n~ed for multiple C.U.P.'s and possible variances via a development agreement and covefants. Commerical P. U.D. could be allowed by conditional use permit. ! Public portion of the public hearing opened at 7:35 P.M. Mr. Dreher presented a rendering of his proposed project to the Commission. Public portion of the public hearing closed at 7:56 P.M. without co~ent. Schultz asked what mechanism would govern maintenance where separatel ownership of a common project is involved. Planner Nielsen said that there would 1e a development agreement between the City and all parties involved. as well as a m intenance agreement through owner-association. which is required as part of a P.U.D. , I Watten said that he would like more time to study this issue. Schu tz noted that the Ordinance could always be changed back again. Benson said it is his impression that P.U.D. works more in favor of the City. Schultz moved. seconded by Leslie. to recommend to Council approval of the draft text amendment which extends planned unit development provisions to comm rcial property by conditional use. The conditional use approach would also extend to residential. Uses allowed in a P.U.D./C.U.P. would be limited to those listed in indi~idual districts. AMotion carried by roll call vote - 4 ayes - 1 nay (Watten. who said [he would like more "'time to study this issue). This item will appear on the Council agenda of 14 March 1988. Minutes Planning Commission Meeting 1 March 1988 .7:45 P.M. PUBLIC HEARING - SETBACK VARIANCE AND VARIANCE STRUCTIJRE Robert Miesen - 5570 Shore Road TO EXPAND A NONCONFORMING Planner Nielsen explained that Mr. Miesen would like to add a second story. an attached garage. and some decking to his existing home which does not meet cu rent lakeshore or front yard setbacks. Nielsen pointed out that the proposed addition; do meet the average setback line as established by structures on adjoining lots. The plans include demolition of a dilapidated carport on the north side of Shore Road. He noted that rebuilding a garage on the north side of Shore Road is questionable iue to soil conditions. Public portion of the public hearing opened at 8:18 P.M. Watten acknowledged letters of support submitted by: Tad and Mary Shaw. 5580 Shore Road. endorsed the Miesen's plans. ! Mr. and Mrs. T. Gerald Hayes. 5560 Shore Road. in favor of the reque~t. Mary Hayes Ulning. 5550 Shore Road. in favor of the request. ! I I Gloria Garretson. 5590 Shore Road. stated that she is in favor of thb request. and delighted to hear that the old carport will be removed. r I I I Karen Miesen (applicant). said that they are relocating from ChiCagol' Ill. and plan to .make this their permanent residence. however the house is too small Ifor their needs. I I Public portion of the public hearing closed at 8:21 P.M. I , Schultz said that since the house has been inhabited over the years las is. then the structure has been put to reasonable use. He added that the conditifns of the property which exist today are no different than when they purchased the hous~. therefore they brought on the hardship themselves. ! Benson said he doesn't feel this request is out of character with p~evious similar requests granted approval. He said he isn't bothered by expansion Jithin the existing footprint of the foundation. The Ordinance provides for 2-1/2 storyl dwellings and this structure is only one story. Benson moved to recommend to Council approval of the setback variancle. Motion died for lack of a second. [ Planner Nielsen reminded the Commission that the Zoning Ordinance r~cognizes the average setback line. and the proposed additions do meet those setbacks. Schultz moved. seconded by Robertson to recommend to Council denialJOf the setback variance and variance to expand a nonconforming structure. on the b sis that the request does not satisfy the criteria which establishes hardship. Motion c rried by roll call vote - 3 ayes - 2 nays (Leslie and Benson). I I . This item will appear on the Council agenda of 14 March 1988. Mr. Miesen said he doesn't feel anyone benefits from the commission'ls I I decision. - 2 - Minutes Planning Commission Meeting 1 March 1988 ~ 8:00 P.M. PUBLIC HEARING - REZONING AND PRELIMINARY Joe N. Boyer and Sons - 5580 Timber Lane PLAT (LAWTONKA) Planner Nielsen reported that Mr. Boyer is requesting a rezoning of lapproximately 4.76 acres from R-1A to R-1C. He stated that the proposed density is co~patible with the Comprehensive Plan. Mr. Boyer then proposes to divide the property linto 7 single-family residential lots, with an average size of 25,240 square feet. Niel~n added that Mr. Don Shafer of 23880 Smithtown Road, who is conveying most of the proper Mr. Boyer is platting, should include the portion of land he will retain as Lot (Mr. Shafer's residence). i Public portion of the public hearing opened at 9:01 P.M. I I Mike Arvidson, 5595 Timber Lane, said he objects to the location of Ithe proposed cul-de-sac because it will end up across from his driveway. Mr. Ar~idson said he feels the cul-de-sac should cut across the R.R. r.o.w. and access Timber ~'ane. He also objected to the rezoning saying that the proposed lots are too smal. Planner Nielsen said that previous requests to cross the R.R. r.o.w. have been deni .d by the Railroad Authority. Steve Haskins, 5455 Timber Lane, questioned where Lot 8 would be and where City water would come from. Planner Nielsen pointed out both on the plat. He~also questioned some docks shown which he said do not exist. Larry Hansen of Schoell an Madson Engineering said he made the plat from an old topography on which the docks wer shown. ~ Lee Webster, 5525 Timber Lane, asked if any lots will have direct a~cess to the shoreline. Mr. Boyer said none have direct access. Steve Haskins asked what the market values will be of the homes to ~e built. Pete Boyer said they will range from $350,000 to $450,000. I Rob Schultz, 23780 Smithtown Road, said he has no objection to the Jequest, including the location of the cul-de-sac, and would like to use the new road to aqcess his property. Dan Puzak, 23830 Smithtown Road, said he supports the project and w9uld also like to access the new road, however, he said he would prefer 30,000 sq. ft~ lots. I Mike Arvidson said John Cross was able to obtain r.o.w. from the Ratlroad Authority to access his Yacht Club. Lee Webster said he would like to have City water brought into the trea. Public portion of the public hearing closed at 9:21 P.M. I Schultz asked for clarification of the lot lines containing Don Shaier1s property. Planner Nielsen pointed out same on plat explaining that Mr. Shaferis residence will be located on Lot 8, and Mr. Shafer will also retain ownership of a se arate parcel to be platted as Lot 6 (a separate buildable lot accessing the new cul-de sac), however, the current lot lines of Shafer's property will need to be reconfiguredlfor proper lot width . as Lot 6. ' - 3 - Minutes Planning Commission Meeting 1 March 1988 .RezOning and Preliminary Plat (Lawtonka), continued: Leslie moved, seconded by Benson, to recommend to Council approval o~ the rezoning from R-IA to R-IC. i Schultz questioned the proposed value range of the homes on 1/2 acrel lots. Pete Boyer said this works the best for them. Planner Nielsen cautioned the Cormission tha there is no guarantee that the stated value range will definitely be built. I Motion carried unanimously by roll call vote - 5 ayes. I Schultz moved, seconded by Leslie, to recommend to Council approval bf the preliminary plat subject to recommendations in the Planner's report (listed belJ;), reconfiguation of the width of Lot 6, and that the two separate lakeshore parcels be ~signed by covenants exclusively to Lots 1 and 2. ! I 1. I ! i If the lot line between Lots 6 and 7 is to be changed, the lot lrne should remain straight and radiate from the center of the cul-de-sac. Lot 7 s ould retain at least 20,000 square feet of area even if it requires shifting the road somewhat. ! Access to the new street by the two lots south of the plat ShOUlr be encouraged. Grading, drainage and utility plans must be subject to favorablel review and comment by the City Engineer. Grading and drainage are also subject to ~pproval by the Watershed District. Planner's recommendations: 2. .3. 4. The applicant must submit up-to-date (within 30 days) title opi~ions for the two parcels of land for review by the City Attorney. This should clrrify the easement issue. ! 5. The final plat should include the portion of Mr. Shafer's properlty with his house on it as Lot 8. 6. Once a final plat is submitted, the staff will prepare a standarf, development agreement for the project. Park dedication fees should be subject to the Park Commission's recommendation. Fees would amount to $3000. Credit is allowed for the house on Lot 1 and Mr. Shafer's residence. I Larry Hansen said that Mr. Boyer will widen the r.o.w. to accommodatle access to the new road by existing lots south of the new road. 7. Schultz amended his motion to include the requirement that the two ~roperties south of the new road arrange access to same. Robertson seconded. Motion carried unanimously by roll call vote - 5 ayes. 4ItThiS item will appear on the Council agenda of 14 March 1988. - 4 - Minutes Planning Commission Meeting 1 March 1988 ~8:15 P.M. PUBLIC HEARING - REZONING City of Shorewood - Wild Duck 3rd Addition I Planner Nielsen reviewed his staff report. He said that rezoning Lo~s 1 - 13 from R-2A to R-2B will bring the current lot sizes into conformity. Public portion of the public hearing opened at 9:57 P.M. George Hipp, 5745 Wood Duck Cir., said he has no objection to the re oning, however, he would like to see Wood Duck Circle become a public street before it is rezoned. The developer (Jim Dutcher) has not completed the street's constuction t City standards yet. He said he would also like to see a street light at the end of Wood uck Circle. Stover informed him that the street light should be petitioned by the neig orhood after the road becomes a public street. Public portion of the public hearing closed at 10:01 P.M. Leslie moved, seconded by Robertson to recommend to Council to appr~e rezoning Lots 13 and Outlot C, Block 1, Wild Duck 3rd Addition from R-2A to R-2B c ntingent upon resolving that Wood Duck Circle become a public street. Motion carried unanimously. This item will appear on the Council agenda of 14 March 1988. i 1 - 8:30 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT, OUTDOOR DISPLAY AjND ~Charles Crepeau and Tom Lingo - 23425 and 23445 Smithtown Road Planner Nielsen reviewed the history of this request which began in 1985 the Planning Commission recommended approval of a conditional the applicant submitting a parking lot plan; that he work with Henn access drives; that the parking lot and curbing be done according t Zoning Ordinance; a finished landscape plan be approved by the City signage be consistent with the Shorewood Zoning Ordinance. STORAGE 1985. On 6 August se permit subject to in Co. regarding e the Shorewood Planner; and that Public portion of the public hearing opened at 10:04 P.M. Mr. Crepeau objects to installing continuous poured concrete perimeJer curbing around the parking lot because of the soils condition and water table causing ~amage to it every year. Planner Nielsen said he now has the survey and landscape plan, and ~ soils report has been submitted for review and recommendation from the City Engineer.1 Public portion of the public hearing closed at 10:30 P.M. Schultz said he would like to see curbing is not recommended by the landscaping to screen the outdoor building. something in place of the concret~ City Engineer. He would also lik~ storage along the side and rear 04 curbing, if the to see additional the Crepeau Dock . - 5 - Minutes Planning Commission Meeting 1 March 1988 ~Leslie moved. seconded by Benson to recommend to Council approval 0 permit for open and outdoor storage as an accessory use; open or ou rental and display as an accessory use; and fabrication (cutting. a welding) of wood or metal products only when accessory to an activi permitted use or conditional use within the C-4 District. subject t a conditional use door service. sale. sembly. and/or allowed as a 1. , The subject property shall be developed and maintained based up~n the approved site plan. The property shall comply with the requirements of Section 1201.103 Subd. 4. b. - d. of the Shorewood City Code. The applicant must obtain an Transportation. The parking lot shown on the site plan shall be paved. curbed aqd striped in accordance with plans approved by the City Engineer (and adhere~ to the City Ordinance to the extent possible). Landscaping must be maintained in compliance with a landscape p~an approved by the City Council (or City Planner. and with the addition of landscarle screening for the Crepeau Dock outdoor storage). .1 Signage shall be installed and maintained in accordance with Seqtion 1201.03 Subd. 11 of the Shorewood City Code. 2. 3. I access permit from the Hennepin cO.1 Department of 4. 5. 6. Motion carried unanimously. This item will appear on the Council agenda of 14 March 1988. ~SIMPLE SUBDIVISION/COMBINATION Mike Pflaum. Lundgren Bros. Const. - 19595 Near Mt. Blvd.. 6000 & 6Q10 McKinley Place Planner Nielsen reviewed his staff report. Lot line rearrangement ~s being proposed to accommodate grade change problems and house locations. All lots wi 1 still comply with Zoning Ordinance requirements. Schultz moved. seconded by Leslie to recommend to Council approval 1!f the simple subdivision/combination subject to the Planner's recommendations: 1. The applicant must provide up-to-date (within 30 days) title op~nions for review by the City Attorney. ! 2. New drainage aned utility easements must be provided to replace I the ones which will be vacated. 3. The applicant must provide the items listed in 1 and 2 above wi~hin 30 days of the Council's approval of their request. ! 4. Once they have the resolution they must record it within 30 day~. Motion carried unanimously. This item will appear on the Council agenda of 14 March 1988. . - 6 - Minutes Planning Commission Meeting 1 March 1988 ~MATTERS FROM THE FLOOR None. REPORTS Planner Nielsen updated the Commission on the Arvidson dock complai~t. 1 Schultz suggested that the City amend the zoning of the Lake South ~utomotive site C-1 to residential so that it conforms with the Comprehensive Plan. Commissioners suggested that Planner Nielsen research the legal ramifications inv lved in such a rezoning. : ! from ADJOURNMENT i P.~. I I Motion carried Leslie moved, seconded by Benson to adjourn the meeting at 11:13 unanimously. Respectfully submitted, Patti Helgesen Planning Assistant . . - 7 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 5 APRIL 1988 . c;oUNCIL CHAMBERS 51755 COUNTRY CLUB ROAD i 7:30 P.M. MINUTES CALL TO ORDER Vice-Chair Schultz called the meeting to order at 7:36 P.M. ROLL CALL Present: Vice-Chair Schultz; Commissioners Spellman. Robertson. ~enson; Council Liaison Stover; Planner Nielsen; Planning Assis~. Helgesen. ! Absent: Chair Watten and Commissioners Leslie and Mason (all exciused). APPROVAL OF MINUTES Spellman moved. seconded by Robertson to approve the minutes of 1 M~rch 1988 as written. Motion carried unanimously. 1 I 7:30 P.M. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT. REZONING ~ PRELIMINARY PLAT (STRAWBERRY FIELDS) Nanci Strickland-Balogh. Strickland Ventures II - 5915 Strawberry L~ne Ms. Nanci Strickland-Balogh was present requesting approval of an a~endment to the Comprehensive Plan from 0-1 to 1-2 units per acre density. She the wishes approval to . rezone the property located at 5915 Strawberry Lane and containing pproximate1yeight acres of land from R-1A to R-1B (30.000 sq. ft. per lot). She has rso submitted for approval a preliminary plat dividing the property into ten lots ran ing in size from 30.200 to 33.400 sq. ft. Planner Nielsen said that the proposed pl t complies with the proposed zoning requirements with the exception of an old shed whic will become nonconforming to the new lot lines and will also conflict with drai~age. It is recommended that the shed be removed since there is an excess of th~ permitted 1000 square feet of accessory space. Public portion of the public hearing opened at 7:48 P.M. Alan Johnson, 5865 Strawberry Ln. said he would like the current zo~ing to stay as is and the openess be maintained. He feels Shorewood Oaks is already impa~ting on the density. John Coverdale, 26930 Beverly Dr.. asked when the Comp Plan was cha~ged to more than one unit per acre. Planner Nielsen said it was revised in 1981. John Hidding. 5885 Strawberry Ln.. said he is concerned that the in~reased runoff will cause erosion north of the site. Ann Hidding. 5885 Strawberry Ln., said she is also concerned about drainage. The area already has drainage problems. Planner Nielsen read the Engineer's idrainage plan recommendations. Dean Johnson. 5875 Cathcart Dr.. said he strongly opposes any chang~ in zoning because of . drainage problems. traffic congestion. and noise. He wants to see the rural surroundings maintained. Expenses to the City and taxpayers will increase due t~ increased storm sewer needs and road maintenance. Public portion of the public hearing closed at 8:09 P.M. Minutes Planning Commission Meeting 5 April 1988 . Spellman moved to recommend to Council approval of the comprehensiv: Plan amendment, rezoning to R-1B, and the preliminary plat subject to the recommend tions of the City Planner, City Engineer, and the Minnehaha Creek Watershed District. Benson seconded for discussion. , I Schultz asked what rules are used to determine where one draws the ~ine between zoning districts and land use designations. Planner Nielsen said that "ur an barriers" are such things as the railroad r.o.w., wetlands, State Highway 7, to design te land use boundaries, and rear and side lot lines to separate zoning boundari ,s. It was noted that the Engineer's report states that further investi~ation is warranted regarding the storm drain. Motion carried by roll call vote - 3 ayes - 1 nay (Schultz) This item will appear on the Council agenda of 11 April 1988. 7:45 P.M. PUBLIC HEARING - REZONING (WESTLAWN III) George Larson - Approx. 11.3 acres west of Strawberry Ln./440 ft. squth of Smithtown Rd. Mr. Larson is requesting approval to rezone his property from R-1A ~'o R-1B (30,000 sq. ft. lots). This proposal is consistent with the Comprehensive Plan. He has submitted a Concept Plan sketch showing 15 lots. He plans to extend the City w ter line up to the 4It project as a joint endeavor with the Strickland proposal. ! Public portion of the public hearing opened at 8:27 P.M. . John Coverdale, 26930 Beverly Dr., asked about existing lots sizes ~urrounding the site. Planner Nielsen said surrounding lots are of 1+ acre in size. Alan Johnson, 5865 Strawberry Ln., said the proposal for 30,000 sq. ift. lots abutting 2-acre lots is a poor transition in zoning. Dean Johnson, 5875 Cathcart Dr., concurs with other opinions. He s~id he feels the proposal has an adverse affect on adjacent land owners. Ann Hidding, Strawberry Ln., asked why the Engineer isn't at the me~ting to address drainage concerns. Schultz said this is not a preliminary plat app~oval request. John Hidding, Strawberry Ln., stated that the neighborhood is prese~t and no one is in favor of the proposal. He feels the Planning Commission is ignorina the opposition. Kay Johnson, 5875 Cathcart Dr., said that Mr. Larson bought the pro~erty knowing the zoning status, he should plat lots accordingly. Mr. Larson said he !lowered the lot sizes to afford extending the City water supply to the site. Public portion of the public hearing closed at 8:37 P.M. Spellman moved to recommend to Council approval of rezoning to R-1B I Benson seconded for . discussion. - 2 - Minutes Planning Commission Meeting 5 April 1988 . Spellman said he doesn't think the difference from 11 to 15 lots (t~e difference from R-1A to R-1B density) would change the concentration of drainage. . Benson said he believes the development would improve on the drainaije situation. Schultz questioned why the Comp Plan is in conflict with the zoning!in this area. Planner Niels.en explained that when the zoning map was updated. cur ently developed areas were rezoned to reflect the existing lot sizes. In cases of undeve oped land. the zoning was left as is inspite of possible conflict with theComp Plan. Th intent was to consider rezoning upon the time of its development. and use the Comp Plan as a guide. , I I Commissioners questioned why the Compo Plan shows a 1-2 unit per ac~e designation in an area surrounded by 1+ acre parcels. Planner Nielsen said he believ~s that designation was based on a development proposal at that time. Benson said he fJels that was a mistake. Motion to recommend approval of the rezoning request failed by roll call vote - 3 nays - 1 aye (Spellman). Benson moved. seconded by Robertson to table this request to the n1t Planning Commission meeting to allow time for investigation into why the Comprehensive lan shows a 1-2 unit per acre designation for this area. Motion carried 3 ayes - 1 nay ~Spellman). . 8:00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT - COMMERCIAL PLAN (BAYWOOD SHOPS) Dick Dreher. Dreher and Assoc.. Inc. - 5620 & 5660 Manitou Road D UNIT DEVELOPMENT Mr. Dreher was present to propose his request to develop a shoppingicenter in a C-3 zoning district. He would like to do so as a commercial planned unit development under conditional use permit. He presented a site and landscape plan for! the Commission. Planner Nielsen reviewed his staff report. He noted that a center tsland should be added to the north end of the center parking row. The necessity of threeidriveway accesses onto Co. Rd. 19 needs to be explored. And drainage is not addresse~ at this time. The City Engineer is concerned that the proposed buildings over the loti lines between the two parcels will interfere with current drainage. Mr. Dreher said that the owner of the lot to the north is planning fO propose a small office building with the possiblity of sharing one access drive and parking with his shopping center. He said the rear portion of the six-acre parcel i$ being considered for an apartment complex and pond. In regard to signage. he said he wo*ld not be agreeable to a changeable message board for aesthetic reasons. Public portion of the public hearing opened at 9:10 P.M. Dave Littlefield. Glen Road. said he is concerned about drainage. ~e said there was supposed to be a pond when the American Legion proposed to pave the~r parking lot. They now have a parking lot. but there is no pond. He said he would be ~pposed to an . apartment building behind his house. - 3 - Minutes Planning Commission Meeting 5 April 1988 .Mr. Dreher said the apartment building is not an economic considera~ion for him. The shopping center alone will support the acquisition of the entire pa~cel. I Public portion of the public hearing closed at 9:20 P.M. Spellman said they may want to develop the back portion later on an~ they should be careful not to landlock it. Mr. Dreher said that Copperwood Invest~ents may propose apartment building to the City by the final plan approval phase. M~. Dreher said he is not dependent on development of the rear portion. ! ! the Mr. Dreher asked if the proposed office building would be able to s~are parking in the event they come up short of space on their site. Planner Nielsen s~id the ordinance has a provision for joint parking. and this would require a commitment ~n the part of both developers to always accommodate the required parking spaces for su~h use. Schultz asked about marketability. Mr. Dreher said they are alread~ 50% leased. Spellman moved. seconded by Benson to recommend to Council approval iof the conditional use permit for a commercial planned unit development subject to the Irecommendations of the City Planner. Motion carried unanimously by roll call vote - 4sayes. This item will appear on the Council agenda of 25 April 1988 for a ,econd public hearing. 8:15 P.M. PUBLIC HEARING - REVISED CONCEPT AND DEVELOPMENT STAGE P S-NEAR MOUNTAIN PUD .Lundgren Bros. Const. - South of Covington Rd. and west of Vine Hil Rd. Peter Pflaum presented a request for approval of revised concept an~ development stage plans for the Near Mountain P.U.D. so that they may convert the two iareas which were previously approved for two-family and townhouse development to sin~le-family instead. He said this would result in a reduction of 40 units total. Planner Nielsen said that after meeting with the project surveyor. ~ick Sathre. he feels that the "flag lot" mentioned in his staff report is of appropriate idesign due to the severe topography of the site. Mr. Sathre will increase the size o~ one lot which was only 9.700 square feet to 10.000 square feet. . Public portion of the public hearing opened at 9:47 P.M. Dave Utoft. Near Mountain resident. said that he is in favor of the Iproposed changes. Dan Clapper. Near Mountain resident. said that he is also in favor qf the project. Public portion of the public hearing closed at 9:48 P.M. Spellman moved. seconded by Robertson to recommend to Council appro~al of the revised concept and development stage plans subject to the Planner's recomm~ndations. Motion carried unanimously - 4 ayes. This item will appear on the Council agenda of 25 April 1988 for a second public hearing. . - 4 - Minutes Planning Commission Meeting 5 April 1988 ~ SIMPLE SUBDIVISION - (OAK POND) Vicki Stalvey - 24185 Wood Drive .4. Planner Nielsen reviewed his report of this request for a simple s~division into three lots in the R-1C zoning district. Ms. Bev Huntingtons representing Ms. Stalvey conveyed that Ms. Stal~ey is in full agreement with the Planner's recommendations. Spellman moveds seconded by Benson to recommend to Council approval iof the simple subdivision (submitted as a preliminary plat) subject to the Planne~'s recommendations and recommended revisions as shown on Exhibit C of his report. 1. Drainage and utility easements must be provideds 10 feet on eac~ side of each side and rear lot line. A drainage easement must also be provided ~er the wetland portion of the property. 2. The applicant must provide an up-to-date (within 30 days) title iopinion for review by the City Attorney. i The applicant should explain the designation "res tricted buildi9g area - 40' x 80'" as shown on Lot 3. 3. Park dedication fees must be paid prior to release of the resol~tion approving the division. The amount due is $1000 ($500 credit is allowed for ~he existing house). 5. The items required herein must be submitted within 30 days of the date the Council approves the division. Once the resolution is release the applicant has 30 days to record the division. Failure to meet these deadlines will void the approval. Motion carried unanimously. This item will appear on the Council agenda of 11 April 1988. PRELIMINARY PLAT - DENIAL (SOUTH FORTY ADDITION) Wayne Pokorny - 24275 Yellowstone Trail As a "housekeeping matter"s staff recommended formal denial of a pr~liminary plat which was tabled at the 1 December 1987 Planning Commission meeting. The lapplicant had not returned by the 2 February 1988 deadline. The applicant has submitUed a letter dated 4 April 1988 requesting an extension of time to return for prelimina~ plat approval. Benson moveds seconded by Spellman to recommend to Council denial o~ the preliminary plat as a "housekeeping matter". Motion carried unanimously. This item will appear on the Council agenda of 11 April 1988. MATTERS FROM THE FLOOR . Schultz asked for a progress report on the Arvidson dock complaint. ! Planner Nielsen said that the Council directed Mr. Arvidson to apply to the LMCD for pe~its although they may need to set a deadline. - 5 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 19 APRIL 1988 q)UNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. . CALL TO ORDER MINUTES Chair Watten called the meeting to order at 7:32 P.M. ROLL CALL Present: Chair Watten; Commissioners Spellman. Robertson. Lesl~e. Benson; Council Liaison Stover; Planner Nielsen; Plan. Assist. Helges~n. Absent: Commissioners Mason and Schultz. APPROVAL OF MINUTES A "Summary of Motions" was submitted at this time only. Leslie mov$d. seconded by Spellman to table approval of the minutes of 5 April 1988 until the!3 May 1988 meeting. Motion carried unanimously. COMPREHENSIVE PLAN AMENDMENT. REZONING AND PRELIMINARY PLAT (STRAWB RRY FIELDS) Nanci Strickland-Balogh. Strickland Ventures II - 5915 Strawberry L ne . This proposal received approval by the Planning Commission at its 51April 1988 meeting. At its 11 April meeting the City Council resubmitted this request b~ck to the Commission to allow for reconsideration due to the fact that there was questio~ on the Comprehensive Plan in regard to the George Larson (Westlawn III) rezoning request~ The developers of these two proposals intend to process the applications on a side-bytside basis because the properties are adjacent to one another. Planner Nielsen reviewed the history of changes in the Comprehensiv~ Plan since 1979. He noted that while the pattern has remained the same for this area. tpe designation for that pattern has been amended over the years. In 1979 the designattion for the "Low Density Residential" pattern was 2-3 units/acre. That designation ~as changed to 1.5-3 units per acre in 1980. and again changed to 1-2 units per acre in 1981. Apparently the land use designation was. in part. based on a proposed development for a 12-lot subdivision at the time which the developer subsequently backed out of. Spellman moved. seconded by Robertson to resubmit the request to the Council as previously approved the the 5 April 1988 Planning Commission meeti~g. Stover clarified for the Commission that the Council sent this req~est back to allow an opportunity for reconsideration of changing the density for this s~te. since there was reluctance to approve a higher density for Larson. Spellman noted that the requested R-1B zoning is in accordance with the City's recommendation given to the applicant during the preapplication ph~se. ~.B. Hidding. Stawberry Lane. said he is not opposed to developmen~. he would like to better understand the storm sewer plans for the project. Planner Uielsen pointed out existing and proposed storm sewer plans for the area. He said thaU the Watershed District and City policy states that water may not be allowed to ~noff any faster than before development. . Motion carried unanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 25 April 1988. Minutes Planning Commission Meeting 19 April 1988 . REZONING (WESTLAWN III) George Larson - Approx. 11.3 acres W. of Strawberry Ln.. 440 ft. S. [of Smithtown Rd. This request was tabled at the 5 April 1988 Planning Commission meeting to allow time to further study the Comprehensive Plan for the area. These changes w~re discussed under the Strickland (Strawberry Fields) proposal. Spellman moved. seconded by Leslie to recommend to Council approval !of rezoning from R-1A to R-1B. I Kay Johnson. Cathcart Dr.. said that she and her neighbors are oppo~ed to this development. especially because of existing drainage problems. Planner Nielsen said the same policy which applies to the Stricklan~. development applies to Larson. i.e. that runoff water must be accommodated by an approv d drainage plan so that it does not increase due to development. Drainage plans will e reviewed when Mr. Larson submits his preliminary plat. ' Motion carried unanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 25 April 1988. MATTERS FROM THE FLOOR . None. REPORTS Stover asked the Commission if they wanted to extend the Comp Plan ~esignation for the Strickland site up to Smithtown Road instead of having its boundary I line stop at the Strickland property line. The purpose being to have a cleaner-loOk~ng map. The Commission decided this was not necessary. Stover review the Planning Commission items on the last Council agepda. ! ADJOOR~ENT Leslie moved. seconded by Robertson to adjourn the meeting at 8:35 ~.M. Motion carried unanimously. The next Planning Commission meeting is scheduled for 3 May 1988. Respectfully submitted. Patricia Helgesen Planning Assistant . - 2 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 3 MAY 1988 . MINUTES COUNCIL CHAMBERS 5~55 COUNTRY CLUB 71:30 P.M. I RO~ CALL TO ORDER Vice-Chair Schultz called the meeting to order at 7:34 P.M. ROLL CALL Present: Vice-Chair Schultz; Commissioners Spellman, Leslie, Mas~ and Benson; Council Liaison Stover; Planner Nielsen; Planning Assistl. Helgesen. , , Absent: Chair Watten and Commissioner Robertson (both excused). APPROVAL OF MINUTES Spellman moved, seconded by Leslie to approve the minutes of 5 April 1988 as written. Motion carried unanimously. Leslie moved, seconded by Spellman to approve the minutes of 19 ApriR 1988 as written. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - SETBACK VARIANCE Bert Monten - 5045 Shady Island Road "'Planner Nielsen explained that Mr. Monten is requesting a two-foot setback variance after "'the fact. He was issued a remodeling permit in 1984 that did not include the attached garage with living space above it, which subsequently was built 8 f~et from the easterly side lot line. Mr. Monten explained that he had planned the addition to what he thqught was ten feet from the lot line. A recent survey of his property incidently showsl a discrepancy from the original westerly side lot line causing his lot to be two feet ~ore narrow. The discrepancy does not affect the side lot line setback for which he ~eeds a variance. Public portion of the public hearing opened at 7:38 P.M. Chuck Ostroot, 5065 Shady Island Road, said he is mainly concerned ~out the elevation of the house - the garage addition is at least 2 feet higher than the ~ouse. He said he is also getting more runoff from Monten' s lot now and some dirt has be$ washing onto his property. I Neighbor, 2 lots west of Monten, said he doesn't see a problem with Ithe setback variance as long as Monten is building within the Building Code requirements.1 Public portion of the public hearing closed at 7:49 P.M. I Leslie said she is more concerned about Monten's building without a Jpermit at this point. It wouldn't seem reasonable to require him to tear the struiture down. . Spellman said that the building activity should have been noticed b~ the Building Inspector. Planner Nielsen stated that the inspector does not go t to Shady Island as often as the mainland of the City, and it is the builder's responsi ility to call for an inspection. I I Mason suggested increasing the violation penalties. Minutes Planning Commission Meeting 3 May 1988 .Benson said he does not find fault with the City Building Dept.. Mr. Monten is the one in error for not getting the required permit. Schultz asked Mr. Ostroot if he wants Monten to extend an existing r~taining wall further back to protect his property from runoff. Mr. Monten said he is wil~ing. as he always has been. to work things out with Mr. Ostroot. I Spellman moved to recommend to Council approval of the setback variafce. Motion died for lack of a second. : Leslie moved. seconded by Spellman to recommend to Council approval pf the setback variance subject to the Planner's recommendations. including that a ~2-foot setback be maintained from the westerly side lot line. and that the retaining w~' 11 between Mr. Monten's and Mr. Ostroot's property be extended and additional lands ape be placed to protect against erosion onto Ostroot's property. , ! Leslie amended her motion. seconded by Spellman to include that a 10rfoot setback from the easterly side lot line be observed for all future building purpofes. Motion carried unanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 9 May 1988. 7 :45 P.M. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT Excelsior Farm and Garden Store. Inc. - 6020 Chaska Road .In November of 1986 Mr. Ken Strausser. representing Excelsior Farm ~d Garden. made preapplication to amend the Comprehensive Plan to commercial designa ion at 6020 Chaska Road. He is now pursuing formal application to amend the Compo Plan. The intent is to locate the Excelsior Farm Store at that site. which will require a r~zoning to C-3. Public portion of the public hearing opened at 8:31 P.M. Letters of objection were received from: Mike and Cindy Marr. 6015 Chaska Road Peggy Greer. 6045 Chaska Road I It was noted that Peggy Greer had previously signed a petition in fa~or of the project which had been circulated in 1986. ! Mike Marr submitted and read aloud a letter of objection by his neifbors Jill and Dan Bucheniek of 5985 Chaska Road. Mr. Marr further stated his own obj tions as outlined in his own letter which he had submitted. I Richard Jenson. Galpin Lake Road. said he feels angry that the PlanJing Commission is even giving consideration to commercialization of this property and Ithat they are being irresponsible in doing so. He said he will be discussing this situ~tion with his attorney. Mr. Strausser pointed . the project in 1986. Public portion of the public hearing closed at 8:47 P.M. out that the Bucheniek' s had also signed the +tition in favor of - 2 - Minutes Planning Commission Meeting 3 May 1988 ~SChU1tz and Benson stated that Mr. Strausser has the right to make a plication to the City and the Planning Commission is not being irresponsible for hear'ng his request. Benson commended Mr. Strausser for the excellent job he has done in leaning up the site. However, he said that he does not feel that C-3 activity is s itab1e for this particular site. Benson moved, seconded by Spellman to recommend to Council that the equest for amendment to the Comprehensive Plan be denied. Spellman said he feels this designation is against the Compo Plan believes it should remain residential. Leslie and Mason concurred. I Schultz said that available commercial property should be developed refore creating more. Motion carried unanimously by roll call vote - 5 ayes. i This item will appear on the Council agenda of 9 May 1988. 8:00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT Wayne Warnke - 24470 Smithtown Road Mr. Warnke of Propulsion Enterprises would like to move his prope11e~ repair business to the Moore's Auto site at 24470 Smithtown Road which is currently use as an auto sales ~lot which requires a conditional use permit. Mr. Warnke's request b itself does not require a conditional use in the C-3 district, however, the C.U.P. r quest would apply to outdoor sales for Moore's Auto. I I Planner Nielsen reported that the site plan complies with apP1icab1el. zoning requirements, although existing signage needs to be reduced by 2 square feet. Public portion of the public hearing closed at 9:08 P.M. without comkent. Public portion of the public hearing opened at 9:01 P.M. Spellman moved, seconded by Leslie to recommend to Council approval lof the conditional use permit subject to the Planner's recommendations per his report qf 29 April 1988. Motion carried unanimously by roll call vote - 5 ayes. I I ! This item will appear on the Council agenda of 9 May 1988. 8:15 P.M. PUBLIC HEARING - CONDITIONAL USE PERMITS AND VARIANCES Marcus Development Corporation - 24365 Smithtown Road Planner Nielsen reviewed his staff report. This request is similar Ito the proposal for an Amoco Station previously submitted for this site. I Mark Senn, representing Marcus Dev. Corp., said that the building isl smaller and some of its functions have been altered in comparison to his previous propo~al in August of 1987. The current request is for auto service (C.U.P.); motor fue11sa1es (C.U.P.); car .wash (C.U.P.); convenience food (C.U.P.); parking in rear yard (set~ack variance); and relocation of a nonconforming billboard (variance). ! I I I I Public portion of the public hearing opened at 9:26 P.M. - 3 - Minutes Planning Commission Meeting 3 May 1988 ~ Mr. Senn said that he would prefer not to be required to construct a four-foot fence along the southeast corner of the lot. He said the trash enclosure ill be located there providing something of a screen itself. He would like to have signa e able to be viewed from Country Club Road. He does not want to dedicate the 17 feet of r.o.w. to the City along Country Club Road. He would like to be able to rebuild the bi lboard in a new location rather than relocate the existing structure. He said he w' I not know exactly how large the fast food building will be until it is leased. and apptoval for conceptual plan is being requested at this time. Public portion of the public hearing closed at 9:37 P.M. without co~ent. I Spellman moved. seconded by Benson to recommend to Council approval pf the conditional use permits and variances subject to the Planner's recommendations ~' d contingent upon the dedication of 17-feet of additional r.o.w. along County Club Roa ; relocation of the billboard as it currently exists; submission of a signage plan which will require further approval of a separate C.U.P. for multiple signage. Motion carried pnanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 9 May 1988 MATTERS FROM THE FLOOR None. . REPORTS Council Liaison Stover reviewed the previous agenda items. Planner Nielsen reported that Wayne Pokorny has requested reconsider~tion of the Council's denial of his South Forty Addition preliminary plat. The ouncil has directed staff to review the new plat and set public hearing before the Plann'ng Commission at its next meeting. I ADJOURNMENT Benson moved. seconded by Mason to adjourn the meeting at 10:25 P.M.I Motion carried unanimously. I Respectfully submitted. Patti Helgesen Planning Assistant . - 4 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 7 JUNE 1988 ~UNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. . MINUTES CALL TO ORDER Chair Watten called the meeting to order at 7:34 P.M. ROLL CALL Present: Chair Watten; Commissioners Leslie. Benson. Mason. Schu~tz and Robertson; Council Liaison Stover; Planner Nielsen; Planning Assisi. Helgesen. Commissioner Spellman (excused). Absent: APPROVAL OF MINUTES I Leslie moved. seconded by Mason to approve the minutes of 3 May 198a as written. Motion I carried unanimously. I 7:30 P.M. PUBLIC HEARING - PRELIMINARY PLAT - SOUTH FORTY ADDITION Wayne Pokorny - 24275 Yellowstone Trail , In November of 1987 Mr. Pokorny had submitted a preliminary plat prl'posing 10 single-family residential lots. which the Commission advised him to have redesigned in conformance with the subdivision ordinance. Mr. Pokorny has now su~mitted a revised plat . containing 9 single-family residential lots. Planner Nielsen point d out that the proposed cul-de-sac now accesses Wood Drive rather than Yellowstone Trail. He said all lots meet or exceed the subdivision and zoning regulations with the exception of Lot 5 which is 10 feet under the required width of 100 feet. This can be resolved by shifting the lot line between Lots 5 and 9 ten feet to the west. The Engine r's report addresses concerns about proposed contours. drainage. grading and existing bu ldings. Public portion of the public hearing opened at 7:45 P.M. Watten acknowledged a letter as submitted by Paul Swanson. Yellowst~ne Trail opposing the proposal due to concern over increased traffic on Yellowstone Trail1 Mr. Pokorny said he has recently submitted a new grading plan to th$ City Engineer which he has not had the opportunity to report on as yet. He said he plaqs to comply with all City Planner and Engineer recommendations. I i I Public portion of the public hearing closed at 7:49 P.M. Leslie moved. seconded by Schultz to recommend to Council approval ~f the preliminary plat subject to the Planner's recommendations as set forth in his r,port dated 25 May 1988 and the Engineer's approval of the grading plan and his recommindations. Motion carried by roll call vote - 6 ayes. This item will appear on the Council agenda of 13 June 1988. . Minutes Planning Commission Meeting 7 June 1988 tlt7'45 P.M. PUBLIC HEARING - PRELIMINARY PLAT - GWK SECOND ADDITION Thomas Wickenheiser - North of Hwy 7 at the end of Wiltsey Lane In May of 1987 Mr. Wickenheiser had received approval of the prelim~narY plat for this subdivision, however, he did not submit the final plat for approval ithin the six month deadline as required by the Subdivision Ordinance. Consequently, h has had to resubmit his application for preliminary plat approval. I I proposed single-family residential lotsl are 46,000 and He said the proposed division complies rith all of his Planner Nielsen said the two 67,000 square feet in size. recommendations. Public portion of the public hearing opened at 8:05 P.M. I Mr. Wickenheiser said he would like his $250 application fee refund~d because he wasn't aware of the six month deadline. Public portion of the public hearing closed at 8:06 P.M. Schultz moved, seconded by Leslie to recommend to bouncil approval qf the preliminary plat subject to the Planner's recommendation as set forth in his re~ort dated 2 June 1988. Motion carried by roll call vote - 6 ayes. This . 8:00 City item will appear on the Council agenda of 13 June 1988. P.M. PUBLIC HEARING - REZONING of Shorewood - Division Street The City Council has initiated a public hearing to consider rezoning the area on and around Division Street from R-1C to R-2A in order to bring the exis~ing two-family dwellings into conformity. The consideration is in response to a n~ighborhOOd petition received by the City in favor of rezoning to allow two-family dwell"ngs. The petition was circulated by the owner of one of the two-family dwellings who ould like to build a garage on their site. They were told that a permit can not be issu d because they have a nonconforming use of property (a two-family dwelling in a single-fa ,ily district). Public portion of the public hearing opened at 8:16 P.M. William Kahl, 5865 Hil1endale Road, said he would like Hillendale Rdad to remain single-family, but he supports the Planner's recommendation to rezorle the area. Susan Morrell, Division St., Excelsior, said she is concerned about I additional multi-family dwellings and the traffic they would generate. Dan Hoo, Division Street, asked what this rezoning could do to his ~axes. Planner Nielsen said that the proposed zoning change should not affect taxe~, although properties which are not conforming to their zoning district are perhaps lowerlin value than they should be. He said the City Assessor should address this concern. ' .Daniel Slattenberg, 5897 Division St., said that he has one of the 40ubles and was given a permit to build a garage 12 years ago. Benson said that zoning 14ws have changed to improve planning. - 2 - Minutes Planning Commission Meeting 7 June 1988 tltWiII Johnson. Lot 16. said he did not sign the petition. but he wou1~ not building permit so that a garage could be built on the two-family si~e. object to a Planner Nielsen explained the zoning ordinance provisions for noncon~orming structures and uses. In this case. under the current zoning. the two-family dwle11ings would have to be converted to single-family before a building permit could be iss~d for anything that would otherwise increase the nonconformity. Debbie Anderson. lives next to Lot 9. she said she has been told th~t values of property adjacent to two-family zoning districts will decrease. Dave Wingert. 5832 Christmas Lake Road. does not want to said he does not object to the garage permit. he objects Excelsior Apartments are a problem for the entire area. I see propert~ values decline. He to rental Broperty. He said the Debra Midland. Lot 7. said she is not against the garage permit. S~e would like more information regarding property values which may result from rezonin~. Rod McPherson. (Excelsior Counci1member). lives near proposed rezon~ng. He said neighbors have approached him in concern over increased traffic. especially since Christmas Lake Road has been dead-ended. He requested that Planner INie1sen contact the Excelsior City Manager regarding this issue. Nielsen said he wou1d.1 .Dave Wingert said. if approved. the zoning boundaries One resident said he would like his name removed from said he needs to submit that request in writing. could spread in the future. the petition he signed. Nielsen Public portion of the public hearing closed at 8:49 P.M. Schultz asked why a variance is not appropriate in this case. have applied to nonconforming structures. not uses. Niel~en said variances I Mason asked how these existing two-family dwellings got there in th~ first place. Nielsen said the Ordinance did not regulate two-family dwellings pr~or to 1973. Schul tz asked if these existing two-family dwellings have garages. 'Nielsen said the party desiring a permit to build one may be the only two-family dwe~ling without one. Mason questioned if it isn't considered a hardship to not have a ga~age in this state. Nielsen said that is the City's policy. although the City has not ~lowed the expansion of nonconforming uses. Schultz moved. seconded by Mason to recommend to Council denial of ~he rezoning from R-1C to R-2A. Motion was split by roll call vote 3 ayes (Benson. Mason. Schultz) - 3 nays (Leslie. Watten. Robertson). This item will appear on the Council agenda of 13 June 1988. . - 3 - Minutes Planning Commission Meeting 7 June 1988 tlt8:15 P.M. PUBLIC HEARING - SIMPLE SUBDIVISION AND ACCESS VARIANCE Michael Spear - 22570 Murray Street Mr. Spear is requesting approval of a simple subdivision to split h~ lot into two lots and access the rear lot via driveway easement. He is requesting a riance to create a lot which has no frontage on a public street. Planner Nielsen said that the City's policy has been to discourage private roads where there is potential for further development beyond a total of three lots. He said Mr. Spear's property is capable of being divided into at least three lots, and parcels on both sides of the Spear property are also capable of future division. Nielsen has suggested that th division be prepared as a formal plat, dedicating the access road to the City but not de eloping the street at this time. This would avoid piece-meal development in the future. I Mr. Spear said he is not interested in further development of his p~operty other than what he is proposing at this time and would prefer access via easeme~t. Nielsen said that the City Attorney suggests that protective covenants be placed pn the rear lot to prevent further division without the City's consent to lift the covefants. Also, access easement should be granted to adjacent property to the east. I Public portion of the public hearing opened at 9:12 P.M. Mr. Spear presented written statements by himself and his neighbor tf the east, both objecting to the platted street and further development. .PUbliC portion of the public hearing closed at 9:20 P.M. Mr. Spear said he is agreeable to the 50 foot easement also serving Ithe adjacent property, as well as protective covenants restricting further divisifn of the rear lot naming the City as a party to those covenants. I Schultz moved, seconded by Leslie to recommend to Council approval qf the subdivision subject to zoning setbacks and subdivision requirements, including jedication of an additional 12 feet of r.o.w. for Murray Street; and approval of the access variance subject to protective covenants being placed on the rear lot restri ting further division of same and naming the City as party to those covenants, and the ea ement also being granted to the adjacent property to the east. Motion carried by roll call vote - 6 ayes. I This item will appear on the Council agenda of 13 June 1988. 8:30 P.M. PUBLIC HEARING - PRELIMINARY PLAT - MAYFLOWER ROAD ADDITI~~ Dale B. Peterson - 6070 Galpin Lake Road Mr. Peterson would like to divide his property which contains 5.46 ~cres into three single-family residential lots located in the R-1C district. The m~jority of the site is low and wet, and a designated wetland is located in the center of t 'e property. Planner Nielsen said the property is capable of at least seven lots which c be served with existing streets and sewer service. For that reason, same lot line adjustments are suggested, especially Lot 3, where the northerly lot line should be shifted to the north at least 40 feet to take better advantage of the high ground on the north end. The most .significant concerns are engineering due to the drainage pattern of the area. The Watershed District recommends hydrologic analysis of the 100-ye~r flood elevation of the site accounting for all offsite tributary drainage. I - 4 - Minutes Planning Commission Meeting 7 June 1988 ~PUb1iC portion of the public hearing opened at 9:41 P.M. t~ ! I proposed lot lines. Mr. Peterson stated that he is not interested in adjusting any of He wants to retain the open areas as pasture for his horses. Public portion of the public hearing closed at 9:57 P.M. The Commission discussed the Watershed District's recommendation an the fact that more information is needed to determine the appropriate size of the pond"ng area. Watten felt more information is warranted before a decision should e made. Planner Nielsen said that preliminary plat approval may be given subject to approval of needed information by the Watershed District and City Engineer. Leslie moved. seconded by Robertson to recammend approval of the prl1iminary plat contingent upon the City Engineer's recommendations regarding gradi g and drainage as well as recommendation and approval by the Watershed District. Leslie amended the motion. seconded by Robertson to include the shi~ting of the north lot line of Lot 3 to the north by 40 feet as shown on Exhibit C of the B1anner's report dated 31 May 1988. Motions carried by roll call vote - 5 ayes - 1 nay (Watten). ~ThiS item will appear on the Council agenda of 13 June 1988. REVISED PRELIMINARY PLAT - STRAWBERRY FIELDS Nanci Strickland-Balogh (Strickland Ventures II) - 5915 Strawberry ~ane ! In April of 1988 the Council denied a preliminary plat for this sit~ based on proposed R-1B zoning. The applicant has now returned with a preliminary p1a~ in conformance with the existing R-1A zoning. All lot sizes have been calculated by he~ surveyor and they meet or exceed the 40.000 square foot size requirement. The width lf Lot 5 needs to be adjusted by comply with the 120 foot requirement. Nielsen said the width should be corrected even if it causes a lot to result in less than 40.000 sq. ft. Schultz moved. seconded by Benson to recammend to Council approval qf the preliminary plat subject to correction of the width of Lot 5 and maintain at 1e~t 40.000 square feet of all lots. Motion carried unanimously. This item will appear on the Council agenda of 13 June 1988. SIMPLE SUBDIVISION Erna Meier (and Minnewashta Church) - 26620 West 62nd Street Minnewashta Church. representing Mrs. Meier. is requesting approva1jto divide the property into two single-family residenta1 lots located in the R-1D district. It is proposed to divide off Lot 2 from Lots 3. 4 and 5. Lot 2 would the have a minimum of 10.000 square feet. The Planner's report also suggests that the Ci~'y acquire an "'additiona1 12 feet of r.o.w. for Church Road which is currently a s bstandard street. "'Doing so would cause the narrowest portion of the lot (Lots 3. 4 an. 5) with the house on it to front on West 62nd Street and thereby maintain setbacks for t~e house. ! - 5 - Minutes Planning Commission Meeting 7 June 1988 ~Lance Detrude. 26620 West 62nd Street (Lots 3. 4 and 5). said that fhen purchase agreement for the house there were some apparent discrepan ies. that the Church was going to obtain Lot 2 when he signed the agreem nt. purchase agreement included Lot 2 in the sale. he signed the He wasn't aware He said his Lee Heatherington. representing Minnewashta Church. asked who is go ng to pay for the acquisition of the 12 feet of r.o.w.? Planner Nielsen said it is t e City's policy to acquire necessary r.o.w. whenever the opportunity presents itself. Schul tz moved. seconded by Benson to recommend to Counc il approval subject to the City's acquisition of the additional 12 feet of r.o. the removal of the nonconforming garage on Lot 3. and subject to th recommendations as set forth in his report dated 2 June 1988. Moti nays (Leslie and Mason). f the subdivision . for Church Road and Planner's carried 4 ayes - 2 Nielsen said that the required updated title op1n10n will clarify discrepancies and the subdivision will not be recorded until this i I t~e purchase if res ol ved. agreement This item will appear on the Council agenda of 13 June 1988. MATTERS FROM THE FLOOR None. ~ REPORTS Council Liaison Stover said that the Council discussed possible bu~ding permit violation penalties. It has been determined that doubling the permit fee can~ot be used as punishment. it is used as a measure to defr~ the additional admini~trative costs. Building code violation is a misdemeanor and may be processed legally. however the legal fees would probably outweigh the potential fine which may (or may n~t) be imposed by a court of law. ADJOURNMENT Schultz moved. seconded by Robertson to adjourn the meeting at unanimously. ! I 11:0~ P.M. Motion carried Respectfully submitted. Pa tti Helgesen Planning Assistant ~ - 6 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TIJESDAY. 5 JULY 1988 CfUNCIL CHAMBERS 5 55 COUNTRY CLUB ROAD 7 30 P.M. ~ MINUTES CALL TO ORDER Vice-Chair Schultz called the meeting to order at 7:33 P.M. ROLL CALL Present: Vice-Chair Schultz; Commissioners Robertson. Leslie. Ben$on. Mason. and Spellman; Councilwoman Haugen; Planner Nielsen; P1anninglAssist. Helgesen. Absent: Chair Watten (excused). APPROVAL OF MINUTES as written. Motion Leslie moved. seconded by Mason to approve the minutes of 7 June 19 carried unanimously. 7:30 P.M. PUBLIC HEARING - REZONING AND PRELIMINARY PLAT - JOHNSON'S 1ST ADDITION Ron Johnson - West of Vine Hill Rd. approx. 870 ft. south of Shady H 11s Rd. Planner Nielsen reviewed his report. Mr. Johnson would like to rezo~e his approximate 20 acres of land from R-1A to R-1C and plat three lots adjacent to Out19t C. Waterford. The rezoning is consistent with the Comprehensive Plan (1-2 units per acre). and the 25.000 - e39.000 square foot lots proposed are consistent with existing lot si*es in both Waterford and Shady Hills. The proposal does not affect future development ofj the remainder of the property. as illustrated by the resubdivision sketch submitted by th~ applicant. The wetland area should be set aside as an outlot or a conservation ease~ent should be placed over same in accordance with the Wetland Ordinance. It is recommend~d that the proposed lots be subject to the same covenants and restrictions as apply to W~terford. Public portion of the public hearing opened at 7:41 P.M. John Bonner. representing Mr. Johnson. said he has no problem with c~nforming to the Waterford covenants and restrictions. He said their only concerns ate having to use the resubdivision sketch as future subdivision. and he doesn't see why i~ is necessary to place an easement over the wetlands. Scott Sandell. 5346 Shady Hills Circle. asked if further development would occur soon. Mr. Bonner said they have no plans for the immediate future. Jack Ocenasek. 5505 Waterford Circle. said that the Covenants and Re~trictions dated 9/15/85 should be locked in to the three proposed lots. Pat Ma1msten. 5350 Shady Hills Circle. asked if the wetlands will be! preserved. Planner Nielsen said that the Ordinance requires that an easement be placed pver the wetlands for thei: protection. Nielsen said his recommendation for same was base~ on the Ordinance requ1rement. ! eJerry Ken1ine. 5535 Waterford Circle. asked if lots would become par~ of Waterford. Bonner said yes they would. '\ Public portion of the public hearing closed at 7:55 P.M. Mr. Minutes Planning Commission Meeting 5 July 1988 ~SChu1tz asked what an outlot is intended aside for a specific purpose. and is not applied for. for. Planner Nielsen said ~hat it is land set buildable until a change inj subdivision is Planner Nielsen pointed out. in reference to concerns about the resubdivision sketch. that it is simply one option as to how future subdivision could occur. There may be other alternatives which would be as acceptable. Larry Meyer. Robert Mason Homes Inc.. explained that the covenants apd restrictions do not contain a minimum square footage requirement for homes built in Faterford. they are more concerned with quality. All building plans are subject to apprrva1 by an Architectural Committee. He also said incidentally that Mr. Johnson. has not contacted at least three out of the five builders in Waterford. Mr. Bonner replied that Mr. Johnson has spoken with some of the builders on site in Waterford. Spellman moved. seconded by Leslie to recommend to Council approval pf the rezoning and preliminary plat subj ect to the eight recommendations in the P1annerl's report: 1. Front setbacks for the three lots should be maintained at 35 fee~. 2. , The resubdivision sketch should be used as a guide for future de~e1opment of the property. Any future divisions should be done as formal plats. . .3. The designated wetland located on the property should be set asi~e as an outlot. separate from the northwest and southeast corners of the site. ~e applicant should be required to dedicate the outlot. or a drainage and conservatipn easement over it. to the City for protection of the wetland. 4. Drainage and utility easements must be provided 10 feet on each ,side of each side and rear lot line. 5. Prior to final plat approval. the developer should provide a det!ailed grading plan for the three residential lots. Grad;ing and drainage should be !subject to the review and approval of the City Engineer and Watershed District. 6. The City should require that homes built on Lots 1-3 be enginee~ed to fit the sites. 7. The applicant must pay park dedications fees totaling $1500. 8. The three new lots should be subject to the same covenants and ~estrictions imposed on lots in Waterford. Motion carried unanimously. This item will appear on the Council agenda of 11 July 1988. . - 2 - Minutes Planning Commission Meeting 5 July 1988 ~7:45 P.M. PUBLIC HEARING - PRELIMINARY Jack Hendrickson - 6065 Eureka Road .4. . PLAT - HENDRI CKSON ACRE'S Public portion of the public hearing opened at 8:07 P.M. Planner Nielsen explained that Mr. Hendrickson would like to divide Off three lots from his 5.8 acres located in the R-IA zoning district. All lots will me~t or exceed the zoning and subdivision requirements. An additional 8.5 feet of r.o.f. needed for both Seamans Drive and Eureka Road will require some adjustment of the re,r lot line for Lots 1-3 to maintain the 40,000 square foot per lot requirement. Public portion of the public hearing closed at 8:13 P.M. without com~ent. Spellman moved, seconded by Robertson to recommend to Council approv~l of the preliminary plat subject to the Planner's recommendations: 1. The final plat should provide for 8.5 feet of r.o.w. along Eurekt Road and 8.5 feet of r.o.w. on Seamans Drive. 2. Drainage and utility easements should be shown on the final plat~ 10 feet on each side of each side and rear lot line. 3. When the final plat is submitted, the applicant must provide an ~p-to-date (within 30 days) title opinion on the property for review by the City Attorhey. The resolution for the final plat should stipulate that any futu~e division on Lot 4 will be done as a formal plat. 5. The final plat should include the plat name. 6. Prior to release of the final plat, the applicant must pay park ~edication fees in the amount of $1500 (credit is given for the lot with the existi~g house). 7. The applicant should advise the City Clerk as to how he wants se~er equalization charges spread over the plat. 8. The final plat must be submitted within six months of the Counci~'s approval of the plat. Failure to comply with this deadline will void the prelim~nary plat approval. Spellman moved, seconded by Mason to amend the motion to include tha~ the rear lot lines of lots 1-3 be adjusted westerly to maintain at least 40,000 square ~eet per lot. Motions carried unanimously. This item will appear on the Council agenda of 11 July 1988. - 3 - Minutes Planning Commission Meeting 5 July 1988 tla8:00 P.M. PUBLIC BEARING - BOULDER BRIDGE THIRD ADDITION Mike Jorgensen - 28070 and 28080 Boulder Bridge Drive Public portion of the public hearing opened at 8:16 P.M. Planner Nielsen explained that Mr. Jorgensen and his neighbor. Donal~ Ryks. are requesting approval to rearrange their adjoining side lot line to be~ter accommodate the natural geography of the two properties. Mr. Jorgensen said that the change will improve the use of their pr9Perties. Public portion of the public hearing closed at 8:18 P.M. Schultz asked if setbacks will be affected. Nielsen said both hous~s will still meet sideyard setbacks and the change should not affect future addition ~o the homes. Spellman moved. seconded by Benson to recommend to Council approval ,of the preliminary plat subject to the Planner's recommendations of 30 June 1988. Mot~on carried unanimously. This item will appear on the Council agenda of 11 July 1988. 8:15 P.M. PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT AREA VARIANCE Cyril Kerber - 4800 Rustic Way .Planner Nielsen reported that in 1986 Mr. Kerber proposed the same ~equest. however. the title opinion was not submitted within the 30 day deadline. and the ~ariance approval eventually lapsed. Nielsen pointed out that the lot sizes vary somewhat from the surve~ originally submitted in 1986 due to the fact that designated wetlands were not shown on ~he 1986 survey. The lot area variance currently being requested is 1511.6 square feet. Public portion of the public hearing opened at 8:20 P.M. The buyer of the proposed lot said that it is a very buildable lot. Public portion of the public hearing closed at 8:25 P.M. Spellman moved. seconded by Benson to recommend to Council approval~Of the subdivision and lot area variance subject to the Planner's recommendations as s t forth in his report dated 31 July 1986. as well as the additional requirement of an eas ment to the City be provided over the designated wetland on Parcell. It is noted that park dedication fees have been previously paid. Motion carried unanimously. . - 4 - Minutes Planning Commission Meeting 5 July 1988 tlt8:30 P.M. PUBLIC HEARING - C.U.P. FOR SPECIAL HOME OCCUPATION PERMIT - C.U.P. TO EXCEED 1000 SQ. FT. ACCESSORY SPACE - VARIANCE TO ALLOW ACCESSORY SPACE TO ~CEED FOOTPRINT SIZE OF PRINCIPAL STRUCTURE Tom Swanson - 25405 Smithtown Road Public portion of the public hearing opened at 8:30 P.M. Planner Nielsen explained that Mr. Swanson is requesting a condition~l use permit for a special home occupation permit to conduct his upholstery business ou~ of his existing barn. Mr. Swanson has explained in a letter submitted that he would' also like to rebuild his garage to store his three cars and lawn equipment in. Total compined accessory space will exceed the permitted 1000 square feet. His proposal would res~t in 1557 square feet of combined accessory space. for which he is requesting a condi~ional use permit. One criteria of the conditional use permit provisions is that the ambunt of accessory space are does not exceed the footprint size of the first floor of t~e principal structure. In this case it will. and Mr. Swanson is requesting a variance to that provision of the Ordinance. . Mr. Swanson said that the purpose to enlarge his garage is not to expand his business. but to provide space for his cars. He said the existing barn in whibh he works does not have a driveway to it for the storage of vehicles. Public portion of the public hearing closed at 8:43 P.M. ~Leslie moved. seconded by Spellman to recommend to Council approval pf the C.U.P. for a "'Special Home Occupation permit. Motion carried unanimously. Schultz said that he feels the applicant brought the hardship upon h~mself for lack of storage space by using it for his home occupation. Spellman moved. seconded by Leslie to recommend to Council denial ofi the variance to allow accessory space to exceed the "footprint" size of the house. ~otion carried by roll call vote - 5 ayes - 1 nay (Benson) Benson stated that he doesn't feel the size (or value) of the house ~hould dictate the size of needed accessory space. He said he thinks its time to studYI the ordinance on this issue. I Spellman moved. seconded by Leslie to recommend approval of the C.U.r. to exceed 1000 square feet of accessory space up to the same square footage as the ~lfootprint" of the principal structure. Motion carried unanimously. The Commissioners agreed to study the Ordinance provisions for acces~ory space at their next regular meeting of 2 August 1988. This item will appear on the Council agenda of 11 July 1988. 4It - 5 - Minutes Planning Commission Meeting 5 July 1988 ~8:45 P.M. PUBLIC HEARING - C.U.P. TO EXCEED 1000 SQ. FT. ACCESSORY ~ACE Gary Petrich - 27280 Edgewood Road Public portion of the public hearing opened at 9:03 P.M. Planner Nielsen reviewed his report. Mr. Petrich would like to add Ian attached two-level garage to his house. The total square foot of the garage would exc~ed 1000 square feet and he is requesting a conditional use permit to allow this. The r~quest meets all of the criteria set forth in the ordinance for conditional use permit ~or accessory space. Public portion of the public hearing closed at 9:05 P.M. Spellman moved, seconded by Mason to recommend to Council approval qf the C.U.P. Motion carried unanimously. This item will appear on the Council agenda of 11 July 1988. 9:00 P.M. PUBLIC HEARING - PRELIMINARY PLAT - HARDING ACRES 2ND ADD]TION Airnational Group Ltd., North of Smithtown Rd. and east of Wedgewoo~ Drive Public portion of the public hearing opened at 9:10 P.M. Planner Nielsen explained that this plat has received final plat apBroval separate occasions in the past, however, the developers have not redorded . all approvals have lapsed. The most recent approval was given 13 Oqtober revisions have been proposed since that time. Lindy Aagaard, Wedgewood Drive, wanted to ensure that no changes ha~e occurred to the plat since the last approval. on three the plats and 1987, and no Public portion of the public hearing closed at 9:12 P.M. Leslie moved, seconded by Robertson to recommend to Council approva~ of the preliminary and final plat subject to the Planner's recommendations as set fort~ in his report dated 10 April 1986, also referenced in Planning Commission minutes dated 6 October 1987. Motion carried unanimously. This item will appear on the Council agenda of 11 July 1988. MATTERS FROM THE FLOOR None. REPORTS Commissoners discussed signage and parking problems at the City liq40r stores. ADJOURNMENT Leslie moved, seconded by Benson to adjourn the meeting at 9:25 . unanimously. Respectfully submitted, P.M1 I I I Motion carried Patti Helgesen Planning Assistant - 6 - CI TY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 2 AUGUST 1988 ~ I CPUNCIL CHAMBERS 5V55 COUNTRY CLUB ROAD 7'30 P.M. MINUTES CALL TO ORDER Chair Watten called the meeting to order at 7:32 P.M. ROLL CALL Present: Chair Watten; Commissioners Spellman, Robertson, Leslie, I Benson, Mason and Schultz; Council Liaison Stover; Planner Nielsen; Plannipg Assist. Helgesen. Absent: None. APPROVAL OF MINUTES 7:30 P.M. PUBLIC HEARING - R.L.S. NO.1 - PROPOSED REZONING City of Shorewood - 5665, 5675, and 5685 Howards Point Road 1r88 I i I Schultz moved, seconded by Benson to approve the minutes of 5 July Motion carried unanimously. as written. Planner Nielsen reviewed his report. The owners of three lots adjaCj' nt to the Brentridge development at its north end are interested in having their property, rezoned from R-1A to eR-1C (the same as Brentridge zoning). The rezoning would be consist~nt with the Comprehensive Plan as well as existing development character of the larea. I Public portion of the public hearing opened at 7:42 P.M. : Public portion of the public hearing closed at 7:42 P.M. without comrent. Schultz asked why stop here with the zoning boundaries? Planner Ni~sen said that boundaries typically stop at rear lot lines, which is the case in t~is instance, and furthermore, land further north is already developed. There have b~n no requests from property owners further north to rezone. , I Leslie moved, seconded by Spellman to recommend to Council that R.L.iS. No. from R-1A to R-1C. Motion carried unanimously by roll call vote - 1 ayes. This item will appear on the Council agenda of 8 August 1988. 1 be rezoned Schultz commented that rezoning proposals should be viewed in a bro~der sense, not just per request of individual areas of land. I I I PREAPPLICATION - COMPREHENSIVE PLAN AMENDMENT I Duffney Construction - East side of Riviera Lane, north of State Hi~hway 7 Scott Duffney and Joyce Merwin were present 83-unit retirement residence. The proposal proposal for the same location in 1985/86. financing difficulties. . to discuss conSideratiO~' of a proposal for an is very similar to the eritage Residence That project was droppe apparently due to Minutes IPlanning Commission Meeting 2 August 1988 Ms. Merwin said that they would propose a P.U.D. which would lock th~ in to the specific use of the property. They would not require that residents of the c~nter be low-income. and would not be subsidized. Because of the nature of elderly resid~nts. 83 units would equal approximately 95 residents. and approximately 83-110 tr.iPs perlday traffic count. Elderly residents do not have the same impact as a typical apartment dwelling. There would be 24-hour a day caretaker/nursing service. plus dining room f cilities. She said they would prefer private well water supply and a sprinkler system w uld be installed. She said she has a meeting with the City of Chanhassen scheduled to iscuss extending water supply from Chanhassen. An underground heated garage would alfo be provided. Asked who would own and manage the building. Ms. Merwin replied that II the ownership would probably be a limited partnership. and she would manage the building herself through on-site staff. I I Mason asked who would run the dining/kitchen facilities. Ms. Merwini said that they would seek personnel with restaurant experience. including a dietician. Ail kitchen/food service facilities would be subject to State Code and regular inspecfions. Watten said he feels an 83-unit building is excessive for the existirg zoning. .Benson said he feels a retirement residence serves a definite commun~ty purpose and feels strongly that it is needed by this and surrounding communities. He ~aid he believes the density would have a low impact. and that he is in favor of the projrct. I type of facility. ~e feels the Perhaps a cluster or smaller buildings i I Ms. Merwin said they would like a definite opinion from the Planning I Commission and Council. She does not want to create $20.000 worth of plans and speps for presentation only to be turned down in the end. Watten said that nobody denies the need for this massiveness of the building would be excessive. would fit in better. Leslie said she is conceptually in density and access. Ms. Merwin said ~ot by much. i favor of the proposal. but a litt~e bothered by the Leslie asked if 83 units was negotiable in number. i I Schultz said a senior residence is a terrific idea. but the size of Ithe building sounds too massive. ! i , , Mr. Duffney asked what number of units or size of building would wor~? Watten said that the public hearing process would give the real opi~ion. . - 2 - Minutes Planning Commission Meeting 2 August 1988 . STUDY SESSION - ACCESSORY BUILDINGS As the result of a request for variance to allow accessory space to ~ceed the footprint size of the principal structure, the Commission determined that the Zoning Ordinance requirement needed study. The variance request was the second of its kind in two years. Planner Nielsen submitted information on Shorewood's Ordinance regarding accessory structures enforced in other communities. restrictive while others are less. I as w~l as regulations Some fities are more Schultz moved, seconded by Spellman to recommend to Council that thei Ordinance not be amended. Motion carried by roll call vote - 4 ayes - 3 nays (Lesliel, Benson, Watten). Watten said he feels that the allowable accessory space should be th~ same as "habitable space". Leslie said she feels the two-story homeowner is being penalized. r Mason said she didn't see the current regulations as a maj or probleml, and calculating the "habitable space" is too complicated. Schultz agreed that the currert Ordinance is working fine. MATTERS FROM THE FLOOR .SChultz had requested an attendance record of Commissioners which hel shared with everyone present for their review. REPORTS Council Liaison Stover reviewed action taken by the Council at thei~ last meeting. The Lawtonka development proposal was tabled at their last meeting. . She reported that the Council would like the Planning Commission to ireview the Subdivision Ordinance this fall, followed by the Comprehensive Plan,l and finally the Zoning Ordinance. ADJOURNMENT Leslie moved, seconded by Benson to adjourn the meeting at 10:00 P. unanimously. Motion carried Respectfully submitted, Patricia Helgesen Planning Assistant . - 3 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 6 SEPTEMBER 1988 I Cf,UNCIL CHAMBERS 5 55 COUNTRY CLUB ROAD 7:30 P.M. . MINUTES CALL TO ORDER Chair Watten called the meeting to order at 7:36 P.M. ROLL CALL Present: Chair Watten; Commissioners Schultz, Spellman, Benson, ard Mason,; Council Liaison Stover; Planner Nielsen; Planning Assist. Helgeslen. Absen t : Commissioners Robertson and Leslie (both excused). APPROVAL OF MINUTES , i Spellman moved, seconded by Mason to approve the minutes of 2 Augus~ 1988 as written. Motion carried unanimously. SIMPLE SUBDIVISION/COMBINATION Mike Newberg - 26265/26175 Birch Bluff Road Planner Nielsen explained the various conveyances proposed properties. He said that the lot line rearrangements will lots to current zoning requirements. . Spellman moved, seconded by Schul tz to subdivision/combination subject to the report dated 1 September 1988. Motion between ~hree adjoining improve ~he conformity of the This item will appear on the Council agenda of 12 September 1988. recommend to Council approval of Planner's recommendations as set carried unanimously. I I I I the simple forth in his I 7 : 45 P. M. HEARING - NEAR MOUNTAIN P. U . D. - DEVELOPMENT AGREEMENT AMENDMENT Lundgren Bros. Construction - Near Mountain P.U.D. I Mr. Michael Pflaum, of Lundgren Bros. Construction, is requesting ~ amendment to the Near Mountain P.U.D. development agreement to reduce the side yard ~etback requirement for lakeshore lots in Near Mountain. The current 20 foot side Yard~setbaCk was based upon Shorewood's zoning requirements in existence at the time the P.U.D. was approved. Shorewood has since reduced its side yard setback for lakeshore pro erty to a total of 30 feet with no one side less than 10 feet, and Mr. Pflaum requests th t this setback be applied to lakeshore lots in Near Mountain. ' I I Public portion of the public hearing opened at 7:49 P.M. Public portion of the public hearing closed at 7:49 P.M. without co~ment. Schultz said he is concerned about the loss of open space, and that1'the reason Shorewood reduced the lakeshore side yard setback does not apply to such a ne development where there is opportunity to conform to the 20 foot setback. . Benson noted that Near Mountain has been decressing its density as {,t has progressed, providing open space along the way. I , I Spellman said he doesn't feel that development agreements should be I changed. I Minutes Planning Commission Meeting 6 September 1988 . Mike Pflsum said that some lots are heavily ..ooded sod reducing the building to avoid cutting the nicer. older trees. and to also take topography. He said the P.U.D. was created to Shorewood's setbacks development. and would be today as well. setback would allow van tage of at the time of its I Schul tz said he would consider at 40 foot total with no one side 1esls than 10 feet. Benson moved. seconded by Mason to recommend to Council approval of Ithe amendment reducing the side yard setback for 1akeshore lots in Near Mountain ~o 30 foot total no one side less than 10 feet. Motion carried by roll call vote - 31 ayes - 2 nays (Schul tz and Spellman). I with This item will appear on the Council agenda of 12 September 1988. i I 8:00 P.M. PUBLIC HEARING - COVINGTON VINE RIDGE P.U.D. - DEVELOPMEmj AGREEMENT AMENDMENT Mark Roho1t - Covington Vine Ridge P.U.D. I Mr. Roho1t. a resident of the Covington Vine Ridge P.U.D.. was pres~nt to request that the 40 foot rear yard setback be reduced to 35 feet. The zoning re~Uirements for the P.U.D. were based on the R-1C district (20.000 sq. ft. minimum lot ize). However. most of the lots in Covington Vine Ridge are closer to 10.000 sq. ft. (R 1D district). Due to the lot sizes. the building sizes. and current setback requirements. many of the homes are very limited in buildable area where the homeowners would like 0 build decks. screen porches. additions. etc. eA petition from the Homeowner's Associstion ..as submitted supportin~ the request. Public portion of the public hearing opened at 8:23 P.M. I , I verified ~hat the petition majority iof which membership , I I I David Burkholder. resident of Covington Vine Ridge. said that some ~omeowners would be limited to 2 to 4 foot decks without the change and that would be u1fair. David Miller. acting President of the Homeowner's Assoc.. submitted was in fact from the Homeowner's Association the supports the amendment. Gordon Jenson. Attorney for Rottlund Co. (builder of Covington Vineln.idge). said that the Rott1und Company is also very supportive of the amendment. i I Public portion of the public hearing closed at 8:38 P.M. I Watten noted that swimming pools are an allowable encroachment in r~ar yards and would be just as intrusive as a deck. I I dis,rict (30 front. 35 Schultz suggested that the setbacks be consistent with the R-1D rear) . ! Mason to recommend to Council to amend the development an allowable encroachment into the rear yard setback by five i I I tequired guard railing 4al1 vote. Spellman moved. seconded by agreement so that decks are . feet. Spellman amended his motion. seconded by Mason to include that any not be higher than 42 inches. Motions carried unanimously by roll - 2 - Minutes Planning Commission Meeting 6 September 1988 18:15 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT - DRIVE-UP FACILIT. AND CONVENIENCE FOOD/PRELIMINARY PLAT Marcus Development Corp. - 24365 Smithtown Road In May of 1988 the City gave conceptual approval for a convenience to City approval of detailed plans for the site and building, which rhe proposed tenant is International Dairy Queen/Brazier. The site modified to include a drive-up window on the east side of the buildi circulation has also been revised to accommodate the drive-up window the County Road 19 driveway as recommended by the County Engineer. reviewed his report and said that technically the plan is short of r spaces by three, however, there is other non-designated (non-striped available in the northwest corner of the site. The developer said t area, but would prefer not to stripe it nor necessarily encourage pa f(od facility, subject s presented now. lan has been g. Parking and and relocation of lanner Nielsen quired parking parking area is is legal parking king there. Also presented for approval is a preliminary plat of the site which Will combine the two parcels and provide for a platted legal description. i Public portion of the public hearing opened at 8:53 P.M. ! Public portion of the public hearing closed at 8:53 P.M. without comrent. Watten said he would prefer to eliminate the drive-up window since it conflicts with pedestrian traffic and causes crowding of the site. I .SChUltz asked what alternative there are to not finding the three ''m~ssingll parking spaces. Mr. Senn said there is no alternative, the area of the nort~west corner meets the required square footage for additional parking, they would simplf prefer to leave it non-striped. i i Spellman moved, seconded by Benson to recommend to Council approval ~f the preliminary plat. Motion carried unanimously. Spellman moved, seconded by Benson to recommend to Council approval presented subject to the Planner's recommendations. Motion carried 4 ayes - 1 nay (Watten). I t; the site plan as roll call vote - This item will appear on the Council agenda of 12 September 1988. 8:30 P.M. PUBLIC HEARING - SETBACK VARIANCE Greg Tobin - 4960 Rustic Way Mr. Tobin is requesting a setback variance of 12 feet in order to bupd a garage on his property. rhe Planner's report illustrated that a garage of the samr size as proposed could be located within the buildable area of the lot. I I Public portion of the public hearing opened at 9:27 P.M. I ! Mr. Tobin said that inspite of the fact that his survey doesn't show I it, Woodend Place aligns with the westerly portion of his lot, creating a J~way interfction and he feels .this would be a poor location for a driveway were he to locate his rage in the area suggested by the Planner. He said the excavating has already been d ne and trees removed from the site he is proposing. He also disputed the accuracy of his survey where it would allow placing the garage at the site suggested by the Planner. - 3 - Minutes Planning Commission Meeting 6 September 1988 IPUbliC portion of the public hearing closed at 9:32 P.M. Spellman moved to recommend to Council denial of the setback variancf' Motion died for lack of a second. Schultz moved. seconded by Mason to table action on this request unttl the applicant can provide a survey he feels is accurate to the actual topography. tree location. pavement of roads and sidewalks. and show property stakes. Motion carried un nimously. 8:45 P.M. PUBLIC HEARING - PRELIMINARY PLAT - TRACEY ADDITION Ron Tracey - 5610 Covington Road Jim Bruce. representing Ron Tracey. presented a preliminary plat to ~ivide the property into two lots. The property is located in the R-1A zoning district ~s well as the liS" Shoreland District. The proposed division line meets the zoning reqEorements such as lot width. minimum square footage. etc.. however due to the location of existing house the lot line meanders significantly. There also exists on the site a no conforming garage which encroaches approximately 21 feet into the Covington Road right of-way which staff recommends be subject to removal or relocation. . Public portion of the public hearing opened at 9:55 P.M. I I how th~ topography and line h~lping to give it Mr. Bruce presented photographs of the site which illustrates vegetation create a natural separation along the proposed lot some definition. .Mr. Tracey said he would like to leave the existing garage in agreement for the lot which includes the garage. place.! he has a purchase I James Emmer. owns property directly north. said he is in favor of th~ sUbdivision. Public portion of the public hearing closed at 10:06 P.M. I Spellman moved. seconded by Schultz to recommend to Council approvall_of the preliminary plat subject to the Planner's recommendation outlined in his report ~ated 31 August 1988. Motion carried unanimously. ! i Benson said that study of the Ordinance relating to gerrymandered lOf lines. lake frontage. etc. be on the next agenda. MATTERS FROM THE FLOOR None. REPORTS Stover reviewed Council action taken on the previous Planning Commisision items. I i ADJOURNMENT Spellman moved. seconded by Schultz to adjourn at 10:44 P.M. Moti01 carried unanimously. . Respectfully submitted. Patti Helgesen Planning Assistant - 4 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 4 OCTOBER 1988 . ! I CPUNCIL CHAMBERS 5~55 COUNTRY CLUB ROAD 7'30 P.M. MINUTES CALL TO ORDER Vice-Chair Schultz called the meeting to order at 7:30 P.M. ROLL CALL Present: Vice-Chair Schultz; Commissioners Spellman, Robertson, L~slie, Benson, and Mason; Council Liaison Stover; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioner Watten (excused). APPROVAL OF MINUTES Mason moved, seconded by Robertson to approve the minutes of 6 Septerber 1988 as written. Motion carried unanimously. 7:30 PUBLIC HEARING - SETBACK VARIANCE Denis Tierney - 5060 Suburban Drive Mr. Tierney would like to add onto his living room and build a screen porch to the rear of his house which is nonconforming to the current setback (24 feet linstead of 40 feet). .Planner Nielsen pointed out alternate building sites within the buil~able area of the lot which would allow Mr. Tierney to rebuild his garage and expand the l~ving roam into the existing attached garage. I ! ! I Mr. Tierney said he basically wants to double the size of his livin~ room plus add a 3-season porch tied into the existing deck, taking advantage of the Isoutherly exposure. The lower level of the addition would accommodate shifting the bedr~oms and creating a lower level entrance. The neighbors' adjoining backyards are heavil~ wooded and their houses are about 50 to 125 feet from his property line. He has sub~itted letters of support from these three neighbors. Public portion of the public hearing opened at 7:35 P.M. Mr. Tierney objected to it would obstruct views house, he would have to undesirable location of the alternate site for from the bedroom, loss relocate his driveway, the 3 season porch. , I a garage because thi~' is his IIfront yard", of trees, no interio entrance to the and the alternative ould cause an ! ! Mark Huttner, 5050 Suburban Drive, said he feels the addition as valuable asset to the house and the neighborhood. prlposed wonld he a I Public portion of the public hearing closed at 7:50 P.M. I Schultz asked what hardship would exist if the variance is denied. ~Mr. Tierney said he doesn't feel the alternative building site is reasonable, nor is th loss of trees which .WOUld be necessary if the alternative were used. Mrs. Tierney said that the lower level entrance which is proposed in their plans is a safety feature with he bedrooms downstairs. ! Minutes Planning Commission Meeting 4 October 1988 .spellman asked why not build a detached garage? Mr. Tierney said tJe cbange in topography and drainage takes up most of the buildable area to the ,ast of the house. Schultz asked if their architect had reviewed the City ordinances p~ior to designing the addition. Mr. Tierney said no. i Spellman moved, seconded by Leslie to recommend to Council denial o~ the variance due to the fact that no hardship exists in accordance with the Zoning Ordi~ance. Motion carried unanimously. I This item will appear on the Council agenda of 11 October 1988. 7:45 P.M. PUBLIC HEARING - PRELIMINARY PLAT - NOEL WOOD 2ND ADDITIO James Emmer - 5570 Covington Road I i Planner Nielsen reviewed his report. The proposed plat divides theliproperty into two lots by means of a very gerrymandered lot line proposed around the xisting residence. Technically the proposed division meets the Ordinance requirements. Public portion of the public hearing opened at 8:06 P.M. I Mr. Emmer said the site is wooded and he feels the location of the 4xisting residence and the proposed site of a house on the new lot are the best suited for ithese lots. i .Letters of support of the plat were submitted by: 1 Walter Jones, 5520 Covington Road Ron and Sue Tracey, 5610 Covington Road. Public portion of the public hearing closed at 8:15 P.M. said tJ side, t~ drainage from his a culvert system Leslie asked what the proposed drainage plan is. Mr. Emmer existing driveway flows to the Tracey property on the south which directs it to the lake. Spellman moved, seconded by Robertson to recommend to Council that be approved subject to the Planner's recommendations in his report 1988. Motion carried unanimously. I ~he preliminary plat 4ated 27 September ! , This item will appear on the Council agenda of 11 October 1988. Benson moved, seconded by Spellman that the Planning Commission h01~ a pub1ich earing at its 1 November 1988 meeting to discuss possible amendment to the Zo ing Ordinance in regard to gerrymandered lot lines, lot width requirements, etc. Mo ion carried ~an~oudy. I 8:00 P.M. PUBLIC HEARING - C.U.P. TO EXCEED 1000 SQ. FT. OF ACCESSO Y SPACE John Arnott, representing Robert Hegstrom - 27820 Island View Road i .Mr. Arnott was present to request a conditional use permit for RObett Hegstrom, to build an accessory structure on Hegstrom's property for storage of lawn e uipment. The total area of proposed accessory space combined on the property will be 1 15 square feet. The request complies with all of the ordinance requirements for a c.u.Pt ! - 2 - ! Minutes Planning Commission 4 October 1988 ... Public Meeting portion of the public hearing opened at 8:20 P.M. I ! I i i existing utility ~ed with a more about the same bu~ tucked into the I ! i Mr. Arnott said he will basically be replacing an permanent structure and the building site will be hill. Public portion of the public hearing closed at 8:22 P.M. Spellman moved, seconded by Leslie to recommend to Council approval of the C.U.P. Motion carried unanimously. This item will appear on the Council agenda of 11 October 1988. 8:15 P.M. PUBLIC HEARING -SETBACK VARIANCE AND VARIANCE TO EXPAND ~ NONCONFORMING STRUCTURE Allen Kramer - 4505 Enchanted Lane In August Mr. Kramer added onto his existing boat house located at Jhe shore of Lake Minnetonka. The existing structure is nonconforming and prohibited Ifrom expansion. He was given the option of removing the 11.5' addition, or applying fo~ a variance to allow it. Planner Nielsen pointed out that the DNR recommends against an~ structures which protrude out over the water. ! ! ~PUbliC portion of the public hearing opened at 8:26 P.M. A letter submitted by B. Bjur, 4495 Enchanted Lane, which supports Mr. Kramer's boathouse I addition, was acknowleged. Mr. Kramer apologized for building against regulations. He said he ithought he was making an improvement to his property. He presented photos of the structu4e. Public portion of the public hearing closed at 8:31 P.M. Spellman asked who put in the piling. Mr. Kramer stated that a Mr. [Niccum did. said the contractor should have known better than to build without 4 permit. Spellman Schultz noted that the structure violates regulations of both the C~ty and the DNR, as well as building setback regulations. I Spellman moved. seconded by Benson to recommend to Council that the [variance be denied and that the addition and its pilings be removed. Motion carried uqanimously. This item will appear on the Council agenda of 11 October 1988. HOUSE MOVING PERMIT Leo Meloche - 26120 Birch Bluff Road Mr. Meloche would like to move his existing house out of Shorewood, and building a new _ house on his property. The new house plans are in conformance with the setback ..,regulations. The City Engineer will need to review the moving rout,s again. I Leslie moved, seconded by Spellman to recommend to Council approval I of the permit subject to the Engineer's approval of the route. Motion carried unanimousl~. - 3 - Minutes Planning Commission Meeting 4 October 1988 ~SETBACK VARIANCE - CONTINUED Greg Tobin - 4960 Rustic Way FROM 6 SEPTEMBER 1988 , Planner Nielsen reviewed the history of this request. Mr. Tobin hasl submitted a new survey of his property showing more detail as to trees. topography ~d paved surface of streets in order to help justify the need for his variance. Janice Tobin presented photos of the lot showing trees and vegetatio~ which would have to be removed to build the garage in the first alternative site offeredl in the Plann. er's report dated 31 August 1988. She said they plan a play area and ga~den for that location. The problem with locating the garage in the second altern tive location as described as alternative B in the Planner's report dated 27 Septembe 1988. is that it would require modification of an expensive retaining wall which they are currently constructing. Alternative B would also limit access to the home by locking an existing stairway to the deck. She said it would further obstruct views fro windows. They would prefer to complete their landscaping plans at this time rather than deal with the setback which would occur if they must modify their plans. She said if theYI are allowed to build in the proposed location with the variance. they could complete their plans this year which would please the neighbors. They would also not have to spen~ more money - she said they have already spent $2000 in preparing for the proposed lO9ation. i rublic portion of the public hearing opened at 8:50 P.M. I John C. Peterson. 20995 Forest Drive. said he feels the Tobin's hav~ done a good job with ~their property and should be allowed the variance. Neighbor. adjacent on north side. said he supports the Tobin's requ~st. I Elmer Hudlow. 4961 Rustic Way. said he has no objection to the requ~st. Mark Anderson. excavator. said he hauled 8-10 loads of dirt off of ~he site in preparation for the proposed site. He said Alternative A (first al~ernative) would result in a steep driveway accessing a busy intersection. Public portion of the public hearing closed at 9:03 P.M. Mason said she couldn't see why Alternative A couldn't be used with Ithe driveway accessing Rustic Way. or turning the garage in its proposed locatio~ and moving it back wouldn't work. Mr. Tobin said it might appear as if it would work. Ibut the door on the drawing gives the wrong illusion. Spellman moved. seconded by Benson to recommend to Council that the ivariance be denied because reasonable use of the property can be made without the vari~nce. Leslie asked if the alternative sites have been verified by inspect~on of the property. Planner Nielsen said that surveys are used for siting. Motion carried unanimously. ~ThiS item will appear on the Council agenda of 11 October 1988. Mr. reterson said the neighbors have to live with the results and ttieir support should be upheld. Schultz said the Planning Commission's job is to uphold th~ Ordinance for the entire community of neighbors. - 4 - Minutes Planning Commission Meeting ~4 October 1988 MATTERS FROM THE FLOOR ordinanc~ requirements, such Leslie suggested that the newsletter somehow address Zoning as it did building permits in its last issue. REPORTS Council Liaison Stover reviewed City Council action taken at its , 1asr meeting. ! ADJOURNMENT Leslie moved, seconded by Robertson, to adjourn the meeting at 10:061,. P.M. Motion carried unanimously. I Mason said she will be unable to attend the 1 November 1988 meeting.1 Respectfully submitted, Patti Helgesen Planning Assistant . ~ - 5 - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 1 NOVEMBER 1988 . , i ~OUNCIL CHAMBERS 755 COUNTRY CLUB ROAD :30 P.M. MINUTES CALL TO ORDER Chair Watten called the meeting to order at 7:34 P.M. ROLL CALL Present: Chair Watten; Commissioners Schultz. Spellman. Robertso4. Leslie. and Benson; Council Liaison Stover; Planner Nielsen; Planning Assis~. Helgesen. Absent: Commissioner Mason (excused). APPROVAL OF MINUTES i i 01tober 1988 as Spellman moved. seconded by Robertson to approve the minutes of 4 written. Motion carried unanimously. 7:30 PUBLIC HEARING - C.U.P. TO EXCEED 1000 SQ. FT. OF ACCESSORY splcE Randi and Lisa Gibbs - 5365 St. Alban I s Bay Road 1 Planner Nielsen reviewed his report. He said the Gibbs would like to create lower level accessory space by means of building an overhead garage door at the [walk-out level at the . rear of the house. This doubles the size of their garage space (total 1424 sq. ft.) by making it a two-story garage. The footprint size of the principal ~tructure is 1200 sq. ft. They are requesting a variance to the C.U.P. criteria to exceer the footprint size of the house. Mr. Gibbs said he plans to store a car within the lower level space which he works on only as a hobby. Public portion of the public hearing opened at 7:38 P.M. I Public portion of the public hearing closed at 7:38 P.M. without cafment. Spe:lman moved. seconded by Benson to recommend to Council approval I' of the C.U.P. and var1ance. , I , Schultz questioned why the Ordinance counts gross the footprint of the principal structure. Benson footprint or gross area to gross area. floor area of accfssory space but only said it should cOfpare footprint to ! Motion carried unanimously. This item will appear on the Council agenda of 14 November 1988. 7:45 P.M. PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT AREA VARIANCE Alice Goethke - 6010 Apple Road ~ Planner Nielsen reviewed his report. which recommends in favor of t~e lot area variance for the new lot. (3126 sq. ft. under the 20.000 sq. ft. requirement). due to the fact that avoidance of it would result in poor site design. or a "flag 1 t". He noted that the proposed subdivision will create two lots with an average of 201.000 sq. ft. Minutes Planning Commission Meeting 1 November 1988 . Public portion of the public hearing opened at 7:48 P.M. Jeff Schoenwetter. representing Ms. Goethke. presented an illustrat~on of what a "flag lot" would look like if that were the route they were to go in orde to acquire the square feet necessary to meet the minimum lot size requirement. I ! Public portion of the public hearing closed at 7:51 P.M. Leslie moved, seconded by Spellman to recommend to Council approval lof the subdivision and lot area variance subject to the Planner's recommendations as s1t forth in his report dated 27 October 1988. ~ Schultz asked if any restrictions or special approvals will apply t building on the substandard lot. Planner Nielsen said that it is a buildable lot b cause it meets at least 70% of the minimum lot size requirement. Motion carried unanimously. This item will appear on the Council agenda of 14 November 1988. 8:00 P.M. PUBLIC HEARING - C.U.P. FOR MULTIPLE COMMERCIAL SIGNAGE Marcus Development/Y.E.S. Properties - 24365 Smithtown Road Marcus Development is requesting a conditional use permit to allow ~ultiple signage at . the Shorewood Service/Convenience Center. The ordinance provides f~r multiple signage on sites occupied by two or more tenants. In this case there are thre~ principal uses - Goodyear Service Center, Fina Gas/Carwash/Foodmart. and Dairy Queen1 Planner Nielsen said the site is allowed one sign per use plus one ireestanding sign. A "Fina" sign on the gas island canopy will have to be eliminated, th4 Foodmart sign reduced. and "carwash exit" eliminated to bring the total signage w~thin the allowable 10% of the gross silhouette of the buildings. i I Public portion of the public hearing opened at 8:27 P.M. I Public portion of the public hearing closed at 8:27 P.M. without cotm"nt. Planner Nielsen confirmed that operational and directional signs art not counted. 339.5 square feet is the total signage area after adjustments. i Schultz moved. seconded by Benson to recommend to Council approval ~f the C.U.P. subject to the Planner's recommendations as set forth in his report dated 2' October 1988. Motion carried unanimously. i I i 1 This item will appear on the Council agenda of 14 November 1988. DEVELOPMENT STAGE APPROVAL - BAYWOOD SHOPS P.U.D. [ Dick Dreher. Dreher and Associates. Inc. - 5620 and 5660 Manitou ROfd I In May of 1988 Dreher and Associates were granted concept stage apptoval for a commercial .Planned unit development. for construction of a Tom Thumb grocery store with fuel pumps, and an attached shopping center. The developer is now requesting d$velopment stage approval and has submitted more detailed plans for approval. I - 2 - Minutes Planning Commission Meeting 1 November 1988 . Planner Nielsen said that building. parking and loading space meet requirements except for three parking spaces and a trash enclosure corner which abuts a residential district and must meet a 50 foot s parking and driveway area in the southwest corner which must meet a There is room within the site to accommodate correction of these it he setback t the northwest tback; and the 5 foot setback. s. ! I The landscape plan should be combined into one. The number of Plan~s from the plan approved by the County Engineer (he recommends elimination of some f the pine trees along Co. Rd. 19 for traffic visibility). should be combined with t e species of plants from the plan originally submitted for approval to the City. Mr. D eher said they plan to substitute ornamental trees for the pine trees. ! i I Signage is in compliance with the ordinance requirements. Chuck Ha~'iger. project architect. said that they plan to eliminate the 14' x 20' freestand ng sign initially proposed and instead display signage on the canopy of the fuel pump to identify same. A plan for the canopy is not available at this time. I Their drainage plan calls for a drainage collection pipe to carry ~n-Off north along Co. Rd. 19 and then west along the north lot line to the ponding area b hind the site. Mr. Dreher said that the Watershed District would not approve their pro osed drainage plan due to the fact that the City has not formally adopted the Watershe District's recommendations for the Glen Road-Co. Rd. 19 drainage plan. Plannet Nielsen said the staff is aware of this and will bring it to the Council's attentionlat its next meeting. ~ Schultz asked about their plans for water supply. Mr. Habiger saidithey plan to use the existing well on the site. I I Leslie moved. seconded by Robertson to recommend to Council approva~ of the development stage plans subject to moving the trash enclosure and three parkingispaces out of the 50 foot setback area in the northwest corner. and correcting the drive ay and parking area at southwest corner to comply with the 5 foot setback. Motion carr ed unanimously. This item will appear on the Council agenda of 14 November 1988. 8:30 P.M. PUBLIC HEARING - C.U.P./P.U.D. RESIDENTIAL ESTATE Tom Kordonowy - 6100 Apple Road Mr. Kordonowy has submitted an application for building permit to c1nstruct a stable and studio accessory building on his property. The proposed building m asures 29' x 77.5' and contains 1929 sq. ft. on the first floor. and a second floor to be used as a hay loft and storage area containing 1344 sq. ft. of area. On the property here also exists an attached garage which contains l095 square feet. The principal str cture "footprint" area contains 3229 sq. ft. with a gross area of 6491 sq. ft. The p operty contains approximately 4.56 acres of land. Since the proposed structure exc eds the maximum amount of accessory space allowed by the Zoning Ordinance and also he height requirements for accessory space. the request is being processed un er the C.U.P./P.U.D. provisions of the urdinance for a residential estate. Due to the 1 rge size of the principal structure and the property. the proposed accessory buildi g is not considered . out of proportion for the residence. The C.U.P./P.U.D. provisions low for a unique application in this case. Public portion of the public hearing opened at 9:49 P.M. - 3 - Minutes Planning Commission Meeting 1 November 1988 .Mr. Kordonowy said that an old They wish to replace that barn house. barn did exist on with a new one no I the property and w~s quite dilapidated. larger and more in Icharacter with the I Public portion of the public hearing closed at 9:50 P.M. I ! lof I the concept and Spellman moved, seconded by Benson to recommend to Council approval development stage C.U.P./P.U.D. Motion carried unanimously. This item will appear on the Council agenda of 28 November 1988. I 8:45 P.M. PUBLIC HEARING - ZONING/SUBDIVISION ORDINANCE AMENDMENT - I GERRYMANDERED LOT LINES As a result of two recent requests for subdivision of 1akeshore pro~erty (Tracey Addition and Noel Wood 2nd Addition) the Commission decided to study the iss~e of gerrymandered lot lines, especially on 1akeshore property. In these recent cases,l an attempt to divide the properties around existing homes, and create additional 1akesho~e lots at the same time, resulted in poor site design but technically met the requirem~nts of the Ordinance. The Commission felt the City needs a tool to regulate t~is problem. i Planner Nielsen reviewed a portion of the Noel Wood 2nd Addition st~ff report dated 27 September 1988, which contained discussion of irregular-shaped lots. That report suggested potential solutions for regulation of gerrymandered lot l'nes. Of the . solutions suggested he said he would recommend consideration of the following: 1) Require a minimum width at the shoreline as well as at the fron~ building line, such as 90% of required lot width at the shoreline. 2) Require the minimum width over more of the lot than just at the I front building line (e.g. the minimum width must be maintained for some minimum por~ion of the depth of the lot, such as 40 feet). I Schultz suggested a percentage of the lot, rather than a set distanqe such as 40 feet. Public portion of the public hearing opened at 10:06 P.M. Jim Bruce said that siting of structures can sometimes be configuration. He suggested restricting buildable area to which meets the minimum width. Mr. Bruce said he would be to further study of this issue. as import~t as lot only tha1' part of the lot happy to contribute his time i I Planner Nielsen said lot lines should relate to topography, drainag~ patterns, etc., therefore they can not always be straight and parallel. ~ub1ic portion of the public hearing closed at 10:40 P.M. i Planner Nielsen said that some of these design standards should be tncorporated into the Comprehensive Plan at the least, so there is something to fall back on. . Leslie moved, seconded by Benson to continue the public hearing to ihe study session meeting in January of 1989. Motion carried unanimously. - 4 - Minutes ~lanning Commission Meeting .1 November 1988 MATTERS FROM THE FLOOR Schultz reported that the sand pile in the City Hall parking lot is I,blocking needed lighting for safe parking lot circulation. I KEPORTS Council Liaison Stover said she would like to suggest that the zonilg Ordinance be studied and updated in regards to accessory space and house moving. and Councilwoman Brancel would like to consider a rental property ordinance. Stover said a joint study session with both the Council and Planning Commission is needed. uiscussed was the difference in viewpoints between the Planning Co~ission and City Council in regard to determining hardship for variance decisions. ~lanner Nielsen suggested that when great differences occur. the ~ouncil should ref4r the matter back to the Planning Commissions with their considerations. Stover updated the Commission on the Glen Road Drainage issue. ADJOURNMENT Watten moved. seconded by Leslie to adjourn the meeting at 10:57 P.~. Motion carried ~ unanimously. Respectfully submitted. Patricia Helgesen Planning Assistant . - 5 - MINUTES ~OUNCIL CHAMBERS 755 COUNTRY CLUB ROAD :30 P.M. I CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 6 DECEMBER 1988 . CALL TO ORDER Chair Watten called the meeting to order at 7:34 P.M. ROLL CALL Pres en t : Chair Watten; Commissioners Schultz. Spellman. Robertso~. Leslie. Benson. and Mason; Council Liaison Stover; Planner Nielsen; Plannin~ Assist. Helgesen. ! None ' Absent: APPROVAL OF MINUTES Schultz moved. seconded by Robertson to approve the minutes of 1 N01ember 1988 with typograpical corrections on page 2. Motion carried unanimously. 7:30 PUBLIC HEARING - REZONING FROM R-1D TO R-C Kuempel Chime Clock Works and Studio - 21195 Minnetonka Blvd. j In 1978 Kuempel Chime Clock Works was granted a conditional use pe it and rezoning to the R-C district to operate as an "art studio". The rezoning approval was included in .the resolution approving the c.u.p.. rather than by ordinance amend~ent. Attorney Froberg has said that the zoning ordinance can not be amended by resolution. although if the City had published the resolution in 1978 the zoning to R-C wou~d have been validated. The owners now wish to bring in another business to OCClJPY some of the space available in their building. The proposed tenant. Outdoor Designs. Imakes mailbox stands of wooden posts - predesigned or customized. . Public portion of the public hearing opened at 7:40 P.M. Mrs. McGregor (owner) provided brochures for both what Kuempel Chim~s does. as well as brochures for the proposed tenant. She stated that all of the Kuem el Chimes employees are part-time. and that there are not more than 8 to 9 people emplo ed on the premises at . I any t~me. Konrad Wurm. owner of property behind and on side of Kuempel Chimes hadn't received the notice of the original public hearing in 1978. an objection to looking at the rear of the building due to its mass his property values have decrease because of the building. Mrs. Mc discussed ways of screening the building by means of a privacy fenc next spring. property. said he He said he does have ve size. He believes regor and the Wurms and landscaping. Mrs. Wurm said she is concerned that the type of business being approved for occupancy today be appropriate for the R-C district so that additional rezoni,g doesn't become necessary in the future. I , Public portion of the public hearing closed at 7:47 P.M. . .Benson noted that the resolution in 1978 describes a different set ~f lots than what referenced in the report. Planner Nielsen said that was another ertor caused by the not requiring a survey at the time. The McGregors' have since acqu red Lot 16 and a portion of Lot 17. is City Minutes Planning Commission Meeting . 6 December 1988 It was noted that the Comprehensive Plan does not address this area I along Minnetonka Blvd. Schultz asked if another tenant could come along and continue this $ame type of use. e.g. manufacturing vs. crafts. The Ordinance reference to "studio" need~ to be defined. Watten said if the type of manufacture is compatible with the neigh*orhood it should be allowed. I Benson said he doesn't feel the mailboxes are artwork in the same s$nse as the clocks are. Benson moved. seconded by Schultz to table the matter for further study and legal consultation as to definition of "studio". Leslie asked if people will come to the store to buy products. Mrs1 McGregor said no. Leslie said she doesn't see it as a retail operation. Motion to table was denied unanimously. Spellman moved. seconded by Leslie. to recommend to Council that the rezoning to R-C. and the C.U.P. for Kuempel Chimes be approved subject to the Planner's recommendations. . Schultz said he didn't see the urgency in this matter since the business has existed in its current state since 1978. Planner Nielsen asked if the motion included the occupancy of Outdo~r Designs. Spellman said that was not his intent. Spellman amended his motion to read. that the rezoning to R-C. and the C.U.P. for Kuempel Chimes Clock Works only be approved subject to the Planner's recommfndations as set forth in his report dated 1 December 1988. also subject to a landscape pl$n being submitted for screening the building from the adjacent residential district. Lestie seconded. Motion carried by roll call vote - 6 ayes - 1 nay (Schultz). The need for clarification on the R-C district conditional uses and! their definition. especially in regard to the term "art studio". was discussed. Plan~er Nielsen suggested that the Planning Commission recommend withholding any occupancy pefmit for Outdoor Designs until the Commission has had a chance to further study the ~efinitions. and that it is clear that the Outdoor Designs business is an appropriate use! in the R-C district. Schultz moved. seconded by Mason. to recommend to Council that they I not act on any occupancy permit for Outdoor Designs until after the Planning Commi$sion has given it further study. Motion carried unanimously. . This item will appear on the Council agenda of 12 December 1988. TPe McGregors' said they would try to have a landscape plan prepared in time for that mfeting. . - 2 - Minutes Planning Commission Meeting 6 December 1988 . 7 :45 P.M. PUBLIC HEARING - SETBACK VARIANCE/VARIANCE TO EXPAND A NO CONFORMING STRUCTURE/VARIANCE TO PARKING REQUIREMENTS Country Kitchen Restaurant - 22920 State Highway 7 Planner Nielsen explained that the building, located in the C-3 zon~ng district is already nonconforming to the 30 foot front yard setback (along High~ay 7 r.o.w.), and that the proposal is to expand the building further into that setba~k as close as approximately six feet from the property line. He said that since ~he property is surrounded by Excelsior City limits, the zoning district regu1ationa which apply to Excelsior should be considered. Those regulations would allow a 10 !foot setback from the front yard property line and only require a four foot reduction to ~he proposed addition in order to comply. The reduction would also eliminate enough squa~e feet to also eliminate the need for parking space variance. I ! Public portion of the public hearing opened at 8:30 P.M. Mark Lundell, for Charles Novak of Ursa Major, Inc., (project archi~ect), said that 8 square feet is all that would encroach and didn't feel it was enoug~ to require the recommended reduction. Planner Nielsen clarified that Shorewood's detback is 30 feet, and he is recommending to consider Excelsior's 10 foot setback as j~stification for the variance to the 30 foot setback. ! I Konrad Wurm asked _ highway. Planner "'Pub1ic portion of if there is going to be future highway constructi4n to expand the Nielsen said that any highway expansion would sta~ within its r.o.w. ! Spellman said he was concerned that using another City's setback wo~ld set precedence for other properties abutting other City limits. the public hearing closed at 8:34 P.M. Commissioners discussed ways in which the property is unique due by Excelsior on three out of four sides. Elevation from Highway its uniqueness. tolits being surrounded 7 ~so contributes to Schultz moved, seconded by Benson to recommend to Council that the setback variance and variance to expand a nonconforming structure be approved subject to1the Planner's recommendation as set forth in his report dated 1 December 1988, in 1uding reduction of the proposal so the addition is not built closer than 10 feet to th property line. Motion carried by roll call vote - 6 ayes - 1 nay (Spellman). This item will appear on the Council agenda of 12 December 1988. ' SIMPLE SUBDIVISION Allen McKinney - 4925 Rustic Way Mr. McKinney is requesting approval to divide his property into two lots, located in the R-1D zoning district. The proposed lots would meet or exceed the d strict requirements. 4ItLeslie moved, seconded by Mason to recommend to Council that the s division be approved subject to the Planner's recommendations as set forth in his report dated 2 December 1988. Motion carried unanimously. This item will appear on the Council agenda of 12 December 1988 - 3 - Minutes Planning Commission Meeting 6 December 1988 . 8:15 P.M. PUBLIC HEARING - PRELIMINARY PLAT - CEDAR HEIGHTS Kelly Bosworth - 5.1 acres immediately west of Woodhaven 2nd Additi~n ! Planner Nielsen reviewed the John Sayer subdivision (November. 1987~ which resulted in the existing parcel now proposed for platting into three lots. Acc~ss is proposed via I private easement from Chanhassen which was drawn into a development I agreement between Chanhassen. Shorewood and Mr. Sayer and dated 25 November 1987. . The site is located in the R-1C zoning district. Dr. Bosworth's prfPosed lots exceed the minimum lot size requirements. The property is restricted to a max~mum of three lots by Shorewood's policy when access is by private road. . Public portion of the public hearing opened at 8:57 P.M. Dr. Bosworth said he wants to consider ways of providing utilities ~rom Shorewood rather than Chanhassen. as well as providing public access. which would al~ow more than three lots. Commissioners said they would need to see a different plat fpr that consideration. Watten and Spellman said that they felt the applicant should be surr of his intentions before submitting any plat for approval. ; Planner Nielsen said that Mr. Sayer's engineer had explored other ~ans of providing utilities from Shorewood. He said that water could come from Shor ood (Woodhaven Well). but due to topography. etc. sewer service could be a problem. The evelopment agreement . does not preclude utilities coming from Shorewood. ' Public portion of the public hearing closed at 9:04 P.M. ! I Planner Nielsen said that if the number of lots. significant size. pr access changes from what has been presented on the current plat. a reapplication would pe required. ! Leslie moved. seconded by Spellman to recommend to Council approvalFf the preliminary plat subject to the Planner's recommendations as set forth in his r port dated 25 November 1988. including the requirement of a supplemental developm t agreement. Motion carried by roll call vote - 5 ayes - 2 nays (Watten and Spellman). This item will appear on the Council agenda of 12 December 1988. i 8: 30 P. M. PUBLI C HEARING - SETBACK VARIANCE I Chester Yanik - 4245 Enchanted Lane I Planner Nielsen reviewed his report. explaining that Mr. Yanik woul~ like to remodel hie existing deck and build a gazebo on it as well. The entire deck encroaches into the 50 foot lakeshore setback. and a portion of it encroaches beyond a var~ance approval granted in 1981 allowing a deck no closer than 35 feet from the lakeshore. ' Public portion of the public hearing opened at 9:15 P.M. Mr. Yanik introduced himself and his contractor. John Kissel. Mr. f' anik said that he met with Planner Nielsen at the site in early November and agreed at th t time to obtain an . updated survey of his property for construction and any necessary v riance application - 4 - Minutes Planning Commission Meeting 6 December 1988 . purposes. Mr. Yanik said that previous deck construction (which is !now rotted and needs replacement) was built in accordance with the site plan upon which ~ariance approvals were granted. He stated that the existing screen porch was built u*der an approved building permit. . Mr. Kissel explained the proposal further and construction which ha~ occurred to date. He said the deck and gazebo are at least two-thirds complete and bu;lt in cooperation with the City. Mr. Yanik said he has more than $15.000 into the pr~ject already. Mr. Yanik presented the consent of approval from his neighbors. and!photographs of his property showing the deck in its current state. He also submitted $ copy of the building permit issued for the current construction which included condition~' that "all work be done within the buildable area of the lot and previously approved s tback variance. Setbacks to be verified by up-dated survey to be submitted no later than 14 November. Any work found to encroach within required setback will be correcte by owner". dated 11-3-88. . Public portion of the public hearing closed at 9:31 P.M. Spellman moved. seconded by Robertson to recommend to Council that $ setback variance be approved. in accordance with the Planner's recommendation as set fo~th in his report dated 30 November 1988. for a ground-level deck terminating at the 5 foot setback line and that the gazebo not be allowed within the 50 foot lakeshore set ack. Motion carried by roll call vote - 7 ayes. . This item will appear on the Council agenda of 12 December 1988 SIMPLE SUBDIVISION Construction Mortgage Investors - 6065-67 Lake Linden Drive In November of 1985 the City approved a simple subdivision to split the two-family residential lot. The subdivision was never recorded at the County ~d reapplication for same is now being made. Planner Nielsen said that the up-dated survey showing the property I,as-built" shows a recently built shed on the site that was built without a permit and does not conform with setback requirements. Schultz moved. seconded by Spellman to recommend to Council approval of the subdivision subject to the Planner's recommendations as set forth in his report~dated 25 November 1988 and 6 November 1985. and also subject to the removal or re10ca ion of the existing shed provided that a building permit is obtained. Motion carried u animously. , This item will appear on the Council agenda of 12 December 1988. 1989 PLANNING COMMISSION APPOINTMENTS Leslie moved. seconded by Spellman to recommend to Council that Jiml Schultz be appointed as 1989 Planning Commission Chair. Motion carried unanimously. .watten moved. seconded by Robertson to recommend to Council that Rifhard Spellman be appointed as 1989 Planning Commission Vice-Chair. Motion carried u~animously. No Commissioners expressed interest in resignation. - 5 - Minutes ~lanning Commission Meeting ~6 December 1988 REPORTS Stover said that the Council is concerned about improving and maint~ining good communication between the Commission and themselves and would like ~o schedule a joint Study Session for the 3rd Tuesday in January 1989. ! Also discussed was lighting for City Hall parking was improved some~hat watts in existing lights. Consideration of having NSP install a st~eet made. however. the residents on Echo Road would first be consulted. I , by increasing the light is being MATTERS FROM THE FLOOR Jan Haugan was present to express her goals as Mayor of ShorewOOd'~She stated that she is working toward establishing effective communication among the C issions. Council and staff. She said she would like to avoid any surprises in the futur. She asked the Commissioners to consider the following aspects of discussion for a ,joint meeting between the Planning Commission and Council in January: .- Jan expressed her appreciation of the Planning Commission. What is the Commission looking for in Shorewood; its future; hQw do we achieve these goals Consider a 10 year plan for the City Research Ordinances Offer any suggestions ADJOURNMENT Spellman moved. seconded by Robertson to adjourn the meeting at 10: carried unanimously. P.M. Motion Pat Mason announced that she will be out of town for the next three months. Respectfully submitted. Patti Helgesen Planning Assistant . - 6 -