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1990 pl mn . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 2 JANUARY 1990 COUN IL CHAMBERS 5755 COUNTRY CLUB ROAD 7;30 P.M. M I NUT E S CALL TO ORDER Chair Schultz called the meeting to order at 7;35 P.M. ROLL CALL Present: Chair Schultz: Commissioners Benson, Mason, and Pit ey; Council Liaison Stover: Planner Nielsen. Absent: Commissioners Leslie, Spellman, and Bongaards (all xcused). APPROVAL OF MINUTES Benson moved, seconded by Mason to approve the minutes of 5 Decembe 1989 as written. Motion carried unanimously. CONDITIONAL USE PERMIT - CONTINUED FROM 5 DECEMBER 1989 Harley Feldman - 5635 Christmas Lake Point Mr. Feldman is building a new home at 5635 Christmas Lake Point. T e proposed garage exceeds 1000 square feet of area, therefore requiring a cond"tional use permit. As proposed, the attached garage will contain 1181 square eet. The house has a footprint area of 2724 square feet. Public portion of the public hearing opened at 7:38 P.M. Mr. CharI s Donley, 5795 Christmas Lake Point, had no objections to Mr. Feldman's t. Public portion of the hearing closed at 7:40 P.M. Schultz asked whether the house complied with the height restrictio s of the R-1C/S zoning district. Nielsen responded that it complies with current r quirements. Benson moved, seconded by Mason to approve the conditional use perm"t as requested. Motion carried unanimously. This item will be on the Council agenda for 8 January 1990. SIMPLE SUBDIVISION Plumbline Builders - 6060 Lake Linden Drive Mr. Bruce Prescher, representing Plumbline Builders, requests appro al to subdivide Lot 19, Linden Park and Outlot C, Marilynwood into two single-famil residential lots. The property is zoned R-2A, Single and Two-Family Residential and contains 40,406 square feet of area. Mr. Prescher questioned the park dedication fee. Planner Nielsen e newly created lots are subject to a $500 fee for the park system. has no problem with the recommendations contained in the Planner's 28 December 1989. plained that r. Prescher eport, dated . . . . Minutes Planning Commission 2 January 1990 Meeting Schultz suggested that the Council's resolution specify that he lots are intended for single-family homes. Even though Parcel A is limited in terms of buildable area, it is not anticipated that future variances will b required. The applicant has plans for both lots, neither of which require variances. Mason moved, seconded by Pitney to recommend approval of the simple subdivision subject to the recommendations contained in the Planner's report, d ted 28 December 1989, plus the following: 1. 2. 3. Motion The City Engineer should comment on grading; The lots are intended for single-family homes; and The City does not anticipate granting future variances carried unanimously. for either lot. SIMPLE SUBDIVISION Daniel Plowman - 5220 St. Albans Bay Road Mr. Plowman requests approval of a subdivision to split the property located at 5220 St. Albans Bay Road into two lots. The property is zoned R-1 and contains 87,834 square feet of area. Mr. Plowman asked whether title insurance would suffice in place of a title opinion as recommended in the Planner's report, dated 29 December 1989. Planner Nielsen said it would, subject to approval by the City Attorney. Schultz questioned the driveway grade for the house currently unde construction on the site. The house uses a previously existing driveway. The applicant wishes to have the option of building a new driveway directly to St. Albans ay Road from the southerly lot. Benson moved, seconded by Pitney to approve the subdivision, subje t to the conditions contained in the Planner's report. Motion carried unanimously. Mason questioned what was happening with the small house on the co nero Mr. Plowman stated that Gene Erickson may agree to combine the substandard lot if the City would forgive approximately $8000 in back taxes. He will advise E ickson to write a letter to that affect to the Council. Schultz advised the Counc"l to be very cautious. I I Planner Nielsen presented a draft amendment to the section of the Joning ordinance which regulates fences. Concensus of the Commission was that they agreed with the draft. The Planner then suggested tabling the recommendation unti the Planning Commission had an opportunity to review the whole section on fence This review could take place at the regular meeting in february. STUDY SESSION - FENCE REGULATIONS Mason moved, seconded by Schultz to table until 6 February 1990. unanimously. otion carried ...,.2- ~. . Minutes Planning Commission Meeting 2January 1990 APPOINTMENT OF CHAIR Mason moved, seconded by Benson to recommend that the Council reappoint Jim Schultz as the 1990 Planning Commission Chair and Dick Spellman as the Vice Chair. Motion carried unanimously. COUNCIL REPORTS None. MATTERS FROM THE FLOOR None. ADJOURNMENT Moved by ~enson, seconded by Schultz to adjourn the meeting at 9:05 P.M. Motion carried unanimously. Submitted by: Bradley J. Nielsen City Planner . -3- CITY OF SHOREWOOD PLANNING COMMISSION MEETING . TUESDAY, 6 MARCH 1990 . . M I NUT E S CALL TO ORDER Chair Schultz called the meeting to order at 7:35 P.M. ROLL CALL COU CIL CHAMBERS 575 COUNTRY CLUB ROAD 7:3 P.M. Present: Chair Schultz; Commissioners Leslie, Pitney, and B ngaards; Council Liaison Stover; planner Nielsen; Absent: Commissioners Mason, Spellman, and Benson (all excuse ). APPROVAL OF MINUTES The Commission agreed to review the minutes of 2 January 1990 7:30 P.M. PUBLIC HEARING - PRELIMINARY PLAT - FOX RUN WEST Joe Franks - 24275 Yellowstone Trail latfr I in the meeting. Mr. Joe Franks, representing Fullerton Properties, Inc., requests approval of a preliminary plat to divide the property located at 24275 Yellowst ne Trail into nine single-family residential lots. The plat had been approved in 19 9 under the name of South Forty Addition. Current zoning of the property is R-1C, Single- Family Residential. Mr. Franks explained that Fullerton Properties is a development c subsidiary to Fullerton Lumber Company. They have been in the de for 50 years. Public portion of the hearing opened and closed at 7:43 with no c mments from the audience. Schultz suggested that the previous Watershed District and P.C.A. approvals be checked for current validity. He also suggested that the Council s resolution approving the plat should state that variances to setbacks are no anticipated. Leslie asked if there were any zoning changes since the original current plat is exactly the same as the one approved in 1989. Sh having the cul-de-sac on Wood Drive improves safety on Yellowston Leslie moved, seconded by Bongaards to recommend approval of the subject to the following conditions: 1. Final plans for grading, drainage and erosion control the City Engineer. pproval. The stated that Trail. reliminary plat be approved by 2. The final plat must be submitted within six months of ap roval of the preliminary plat. . . . MINUTES PLANNING COMMISSION MEETING TUESDAY, 6 March 1990 3. The developer should be required to enter a standard dev lopment agreement which will govern the development of the site. 4. The resolution approving the plat should specify that th City does not anticipate granting future setback variances. Motion carried unanimously by roll call vote - four ayes. This item will appear on the 12 March 1990 City Council agenda. APPROVAL OF MINUTES Leslie moved, seconded by Pitney to approve the minutes of 2 Janu ry 1990 as written. Motion carried unanimously. The Planning Commission reviewed the current fence ordinance pagejbY page beginning with definitions. While most of the recommended changes are of a "housekeeping" nature, the Commission asked the Planner to research how other ci ies regulate. nonconforming fences. It was also decided, for pUrPOses of consi tency and simplification, that the Code should be changed to allow six-foot I fences to extend to the required setback line regardless of whether they are paral~,el with or perpendicular to side lot lines. I Planner Nielsen will prepare a draft amendment for review at the 1pril study session. COUNCIL REPORTS I I I I article Jelative to this issie be discussed in ! STUDY SESSION - FENCE REGULATIONS None. MATTERS FROM THE FLOOR Schultz provided Planner Nielsen with a recent newspaper regulating the removal of trees. Nielsen suggested that forthcoming reviews of the Comprehensive Plan. Schultz also questioned whether a project proposed in Wayzata, kn wn as the Boardwalk, complied with shore land management regulations. Niels n agreed to look into the matter and report back to the Commission. ADJOURNMENT Moved by Leslie, seconded by Pitney to adjourn the meeting at 10: 0 P.M. Motion carried unanimously. Submitted by: Bradley J. Nielsen City Planner -2- . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 3 APRIL 1990 COUNCIL ERS 5755 COUN RY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Chair Schultz called the meeting to order at 7:35 P.M. ROLL CALL Present: Chair Schultz; Commissioners Benson, Mason, Bongaards, Spellman, and Pitney; Council Liaison Stover; Planner Nielsen. Absent: Commissioner Leslie (excused). APPROVAL OF MINUTES Schultz moved, seconded by Benson to table the minutes of 6 March 1990 until the next meeting. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT - EXCELSIOR CO Richard Lundahl - 19955 Excelsior Boulevard Mr. Richard Lundahl, architect, and Mr. Jim Volling presented pl Excelsior Covenant Church for the construction of an educational the west side of the church. The proposed addition contains two square feet of space on each floor. The lower level will be used education, kindergarten through third grade. The upper level wil either group day care or Sunday school for grades 5 - 12. The ad conditional use permit, pursuant to Section 1201.11 Subd. 4.b. of Referring to the staff report, dated 27 March 1990, Mr. have no problem with moving the driveway as recommended CHURCH s on behalf of ing to be added to tories with 3456 for elementary be used for ition requires a the City Code. ated that they nner and Engineer. Public portion of the hearing opened and closed at 7:48 P.M. with no comments from the audience. Spellman moved, seconded by Bongaards to approve the C.U.P. subje t to the following conditions: 1. The site plan should include continuous poured concrete perim ter curbing around all parking areas and driveways. 3. 2. The new driveway should be realigned with Hooper Lake Road to the north. A detailed landscape plan should be required and should be s by the City Council. 4. A detailed grading, drainage and erosion control plan must be to approval by the City Engineer. repared, subj~ct . . Minutes Planning Commission Meeting 3 April 1990 5. The certificate of occupancy should be withheld pending compl tion of required site and landscape improvements. Schultz questioned how much overlap there is between church servi es. Mr. Volling responded that they currently have only one service. They hope t have more in the future. Schultz asked whether the Commission should recommend requ1r1ng a to ensure that required improvements are completed. Mr. Volling there are other ways to financially guarantee that the work will consensus of the Commission was that the City should be able to t do what is required of them. It was agreed that the certificate be adequate to ensure compliance. Spellman's motion carried unanimously. 7:45 P.M. PUBLIC HEARING - CONDITIONAL USE Leroy Bishop - 24140 Smithtown Road Commissioner Benson asked Mr. Bishop if he had read the City Engi Bishop said he had and he is not concerned with future developmen . Spellman reiterated his concern regarding soil compaction. letter of credit uggested that done. The st the Church to f occupancy would Mr. Clifford Reep, Minnetonka Portable Dredging, Inc., appeared w"th Mr. Bishop to present plans for filling and grading Mr. Bishop's property. The propose to bring in approximately 24,500 cubic yards of material to level out the ront portion of his property and a large depression in the rear of his property. Having read the City Engineer's staff report, Mr. Reep took issue with some of th Engineer's comments. He stated that not all of the spoils dredged from theake is muck. In terms of future development he suggested that the site could be r graded at such time as someone wanted to develop it. He also asked for more tim than one year. The total project could take as long as three years. They propos to complete the rear fill site first, establishing side slopes and revegetation, hen filling in as material becomes available. Spellman asked if they intend to compact the soil. Reep replied hat the only compaction would occur as the site is graded. Public portion of the hearing was opened at 8:06 P.M. Mr. Alan Vanderlinde, a resident on Shorewood Lane, asked if exis ing drainage would be affected. The City Engineer's report addresses drainage. The existing drainage pattern will not be adversely affected. Public portion of the hearing was closed at 8:10 P.M. Planner Nielsen asked Mr. Bishop if he intended to place fill bet and Shorewood Lane. Mr. Bishop said he did but it is not shown 0 at this time. - 2 - en his driveway the grading plan er's report. Mr. of the property. . . ~ Minutes Planning Commission Meeting 3 April 1990 Benson questioned whether there would be odor from the spoil any odor dissipates when the material dries out. Reep said Planner Nielsen suggested that the applicant provide a constructi n schedule showing the project phased over as long as three years. He alsosuggeste that the C.U.P. could be reviewed annually. Chair Schultz stated that if the owner is aware of all the ramifi ations, any future problems are his. Benson moved, seconded by Bongaards to recommend approval of the .U.P. subject to the recommendations of the Planner and City Engineer. The applic nt must provide a proposed construction schedule and the C.U.P. should be reviewed nnually. Motion passed 4-2 (Spellman and Pitney naye). 8:00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT - FILL AND GRAD NG Clifford Reep - 27975 Boulder Circle Mr. Clifford Reep, Minnetonka Portable Dredging, appeared on beha Bridge Homeowner's Association. They propose to use material dre pond to create a landscape berm on the vacant lot located in the of Boulder Circle and Smithtown Road. Mr. Reep responded to the report. The soil in question is already stockpiled on the subjec relatively firm and he feels a 3:1 slope will be adequate. They landscape and mulch the berm after final grading. f of the Boulder ged from their outhwest quadrant ity Engineer's property. It is ropose to I The public portion of the hearing opened and closed at 8:35 P.M. Jith no comments from the audience. I I Commissioner Spellman agreed that 3:1 should be adequate for a fi~al slope. Chair Schultz thinks the Derm is a good idea. Spellman moved, seconded by Pitney to approve the C.U.P. subject 0 the City Engineer's recommendations, but to allow a 3:1 finished slope. M tion carried unanimously. Benson moved, seconded by Spellman to require a landscape plan sh wing seed or sod. A letter of credit should be required to ensure completion by 1 S tember 1990. Motion carried unanimously. SIMPLE SUBDIVISION Jay Thompson - 26025 Birch Bluff Road Mr. Thompson appeared to request approval to divide his property Onto two lots. The lots are approximately 104 feet wide and contain 27,500 square fe t of area. Commissioner Spellman asked if the low area on the site serves as the neighborhood. Planner Nielsen said the low spot does not sho storm water management plan as a required ponding area. Upon dis City Engineer, he was told that the low area has a positive drain - 3 - a ponding area for up on the City's ssion with the to the north. . . . Minutes Planning Commission Meeting 3 April 1990 Chair Schultz asked if the site can be built upon without varianc that lots not be allowed to be created where variances will be ne Nielsen pointed out that the lots are relatively deep and that th agrees that fill can be placed to create a suitable building pad affecting area drainage. He suggested es.sary. Planner City Engineer i"thout adversely Spellman moved, seconded by Benson to approve the simple subdivis.on subject to the following conditions: 1. The applicant must submit up-to-date (within 30 days) title 0 in ions for review by the .City Attorney. 2. The applicant must provide legal descriptions and deeds for t e drainage and utility easements shown on the survey. 3. The applicant must advise the City Clerk how he wishes to hav sewer equalization charges spread against the lots. 4. Prior to release of the resolution approving the division, th applicant must pay park dedication fees totalling $1000. 5. The resolution should stipulate that building plans for both detailed grading and drainage plans to be approved by the Cit 6. Once the applicant has received a certified copy of the division, he must record it with Hennepin County within will be void. Motion carried unanimously. WATERFORD III - TAX INCREMENT FINANCING PLAN ots must include Engineer. approving the the approval Planner Nielsen explained that the tax increment financing (T.I.F.) process requires review by the Planning Commission, School District and County. Council Liaison stover gave a brief overview of the T.I.F. propos that the new taxes generated by the proposed development for the dedicated to paying off bonds which finance the construction of p improvements. In this case T.I.F. will pay for the Old Market Ro water line extensions and upgrading of Highway 7 service roads. pay for the internal streets and utilities within his project. She explained ext 10 years are lie d intersection, he developer will Spellman moved, seconded by Benson to recommend approval of tax i crement financing to finance southeast area improvements. Motion carried unanimous MATTERS FROM THE FLOOR Schultz questioned what stipulations exist on the Shorewood Yacht Club C.U.P. He recently read an ad offering sailboat launching services. Planne Nielsen. said he would research their past approvals, discuss it with the City Att rney and report back. - 4 - . . . Minutes Planning Commission Meeting 3 April 1990 COUNCIL REPORTS Council Liaison stover reported that the Council held a workshop n 2 April to discuss water policy, public works sites and sales of lottery tic ets at the municipal liquor stores. ADJOURNMENT Spellman moved, seconded by Benson to adjourn the meeting at 9:55 P.M. Motion carried unanimously. Respectfully submitted, Bradley J. Nielsen City Planner/Building Official BJN: ph - 5 - . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 5,1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER Chair Schultz called the meeting to order at 7:34 PM. ROLL CALL Present: Chair Schultz; Commissioners: Pitney, Benson, Leslie, Mason and Spellman; Council Liaison Stover; Planner Nielsen. Absent: Commissioner Bongaards (excused) APPROVAL OF MINUTES Leslie moved and Pitney seconded to approve the minutes of March 6, 1990. Motion carried unanimously. Spellman moved and Benson seconded to approve the minutes of April 3, 1990. Motion carried unanimously. 7:30 PUBLIC HEARING - C.U.P. TO EXCEED 1000 SQ. FT. OF ACCESSORY SPACE. Postponed. SIMPLE SUBDIVISION - 5715 BRENTRIDGE DRIVE/5695 HOWARDS POINT ROAD Chair Schultz inquired whether anyone from Shorewood Oaks Development was in the Chambers. Mr. Craig Johnson was in attendance. Planner Nielsen explained that Mr. Johnson (of Shorewood Oaks Development) requested approval to divide a small triangle of property at 5715 Brentridge Drive and combine it with the property at 5695 Howards Point Road. This would clear up the title problem with an old easement on this property. The attorney and staff have recommended approval of this proposal. Chair Schultz asked if Mr. Johnson had anything further to add and he did not. Chair Schultz also inquired whether there was any problems with setback on this lot and Planner Nielsen explainei that there was not. Benson motioned to approve and Spellman seconded the approval of the subdivision. Motion was carried unanimously. MATTERS FROM THE FLOOR Chair Schultz inquired about the parking lot at the Garden Patch and the signs at Crepeau Docks. Planner Nielsen said these were being looked into. Schultz also inquired about the plans for landscaping for Minnetonka Portable Dredging. Nielsen said that they had been g'ven an extension of time. There were problems with paving the access across the railroad lines. Minnetonka Portable would need permanent authority from the railroad for a C.U.P. Leslie asked whether they had lease or a license with the railroad. Nielsen said their attorney indicated they had a lice~se. 1 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 5,1990 COUNCIL CHAMBERS 5755 CO TRY CLUB ROAD 7:30 PM 7:45 PUBLIC HEARING - SETBACK VARIANCE AT 4715 LAKEW TERRACE Mr. Tom Harris asked for a setback variance to add a three-season porch to the rear of his home. He said that they were going to enclose an existing deck that they had been using for 24 years. After no comment from the audience, Schultz closed the public hearing at 7:50. Planner Nielsen said that the deck is nonconforming b t that he did not know the codes at the time the deck was built in 1960 and that Mr. Harris has a larger than required front yard, ( 53 fe t). He recommended that the variance of 8 ft. be granted pro iding that the house not be extended in front. The Harris house did follow the continuity of site lines in the neighborhood. Commissioner Mason inquired whether this setback can after the sale of the house. Nielsen said that futur cannot be bound by this decision. Schultz was concer setbacks. Pitney was concerned about the distance of back. Nielsen said they were zoned R-1A and the setb This means there would be a minimum of 77 ft. between building in the neighbor's back yard. Schultz and Pitney reiterated their concerns about tr back yard setbacks. Mason suggested they review the future study session. e maintained City Councils ed about trading he house in ck was 50 ft. the deck and the ding front to rdinance at a Commissioner Spellman moved with Mason seconding that the commission grant the setback variance with the provision that th re be no extension of the house in front. Leslie and Schultz w nted to emphasize that these were special circumstances because of the front yard setback and the rear yard setback of the neighbo to the north. The motion was carried. 5 aye, 1 nay. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT Public hearing opened at 8:00. Planner Nielsen presented a proposal for amendments t the fence Ordinance. He had looked into the requirements of other cities. Many cities conform to the state code, which allows 6 foot fences anywhere on the property. Pitney pointed out the wording in paragraph 5 and ask d that it be changed from destroyed to damaged. The proposal states that if less than 25% of the non-conforming fence is damaged, then it can be restored to it's former extent, if more than 25% is d maged then it must be brought up to the current code. Fences that abut an intermediate arterial highway (Hw constructed to a height of 6 feet. Planner Nielsen i this should also include minor arterials such as Hwy Commissioner Spellman indicated that with the 25% ope fences would not be noise barriers. Nielsen said tha landscaping requirements there should be little probl 2 7) may be dicated that 19. rule these with m with noise. . J . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 5,1990 COUNCIL CHAMBERS 5755 CO TRY CLUB ROAD 7:30 PM Leslie moved that they concur on the proposal with the changes in paragraph 5 and the addition of minor arterials. Schultz asked if there was any public comment. No pu lic comment. Leslie moved and Spellman seconded to send the reco ndations to the council. The motion was carried unanimously. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - REGULATIONS Planner Nielsen presented a proposal to increase the for accessory buildings to 1200 square feet. the relatively large lot sizes in Shorewood recreational vehicles and equipment. Nielsen also proposed a change in the accessory to pr'ncipal structure floor area ratio to include the total floor space abo e grade of homes when determining accessory size. quare footage done because of se of Schultz questioned how floor area would be calculated space. Nielsen read the regulation. It stated that above grade were used, if they were more than 50% abo Pitney inquired about requiring people to add attache and further limit the number of detached buildings. 0 commissioners seemed to think this would cause more p Benson- more problems by limiting detached garages be would ask for variances. Stover informed the commissioners that the original i ordinance was to make the transition between a rural for walkout all stories e grade. accessory space her oblems. ause more people tent of the rea to a city. Several commissioners felt it was beneficial outdoor storage. Commissioner Mason felt that Shorewood is a recreatio al city and that city should be helping people cover up their vehicles. Pitney asked if it would be easier to use a 10% of 10 size requirement. Nielsen indicated that this would mean t ere could be very large accessory buildings. Benson asked about the height regulations for access ry buildings. Nielsen read the ordinance, which states that an acce sory building can be no higher than 15 feet for a detached facility. MATTERS FROM THE FLOOR as revised Spellman moved and Benson seconded to send these amen to the Council for approval. Motion carried unanimou Commissioner Spellman said that the LMCD would be pro osing another tax on the lake area residents at their June 6, 1990 eeting. City should be aware of this. Council member Stover said the Shorewood's representa ive was informed of these developments. Schultz inquired about a tree ordinance to discourage clear cutting. Planner Nielsen said that this matter would be coming up on the council agenda or the Planning Commission could propo e their own ordinance. Schultz indicated that he would like to s art this process. 3 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 5,1990 COUNCIL CHAMBERS 5755 CO NTRY CLUB ROAD 7:30 PM Nielsen indicated that the next study session would e June 19, 1990 and the next meeting July 3, 1990. Commissioner Benson moved that the July 3, 1990 meet'ng be moved to July 10, 1990. Motion carried. 5 ayes 1 nay. REPORTS Council member Stover reported on the June 4, 1990 c uncil study session. There is more information available on recy ling. ADJOURNMENT Benson moved to adjourn at 10:00 PM. RESPECTFULLY SUBMITTED, Katie Snyder Recording Secretary 4 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES, JULY 17. 1990 COUNCIL CiAMBERS 5755 COUN'r"RY CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Chairman Schultz called the meeting to order at 7:30 P.M. ROLL CALL Present: Chair Schultz. Commissioners: Pitney. Benson Leslie. Mason. Bongaards. Spellman. Planner Nielsen, Council Liaison Stover. APPROVAL OF MINUTES Spellman moved, Leslie seconded. to approve the minute~ of June 5. 1990 with the following corrections: 1. Paragraph 3. change was to were. PUBLIC HEARING - PRELIMINARY PLAT - SHOREWOOD SUBURBAN ESTATES LOCATION: WEST SIDE OF STRAWBERRY LANE. 420 FT. SO. O~ SMITHTOWN RD. APPLICANT: NORTH SUBURBAN DEVELOPMENT COMPANY Planner Nielsen presented the City's recommendations f)r this development. The site is zoned R-1A and has 11.38 acres of land ani is proposed to be divided into 11 new lots. The site is flat and has a high water table. There is a non- conforming structure on the property which will have t) be removed. The proposed lot size. width and setbacks exceed requi~ements. All the subdivision requirements have been met. The proposed routing of the drainage is different. City Engineer Norton has not made a formal report yet but the intend~d drainage of the area is to the West. North Suburban Developers pr)pose to drain part of the property East and part to the marsh across Smithtown Road. Nielsen recommended approval of the subdivision with tle following provisions: 1. City Engineer and the Minnehaha Creek Watersh~d District must approve the drainage. 2. Final plat must include easements for utiliti~s. 3. Title opinion is subject to City Attorney's r~view. 4. Park dedication fee of $5500.00. 5. Development agreement. 6, Final plat submitted within six months of pre iminary plat approva I . Chairman Schultz asked if there were any comments from the floor. Mr. Steve Johnston. representing North Suburban Developers agreed with all the recommendations of the Planner. He stated the would also need permission from the Metropolitan Sewer Board to h)ok up. Holly Babs of Cathcart Drive asked if there would be i1dividual wells. 1. CITY OF SHOREWOOD ~LAHHfN@ eOMMf~~ION MEETING MINUTES. JULY 17. 1990 . Mr. Johnston said yes. Babs also asked what contracto building the houses. Mr. Johnston said the lots would individuals and a variety of builders may be used. Ba concerned about the runoff and if trees would be plant development. Mr. Johnston said the individual buyers responsible for landscaping. s would be be sold to s was also d to buffer the ould be J. B. Hidding of Strawberry Lane, stated that the wate from this parcel of land runs into his yard. He said there was 6" pipe running under the road. He wanted to know how much mor water would be entering this pipe from the new development. Mr. John ton said there would be 1/2 acre foot. Hidding wanted to know if the pond would be fenced. If the pond is owned by lot 11. with a City e sement. would the City be responsible for children entering the pond? Nielsen said he did not know. it is a question for the City Attorne to answer. Hidding wanted to know if the City had insurance for t ese problems. The ponds can be 4 1/2 to 5 feet deep and could be a osquito breeding problem. Mr, Joel Turner owner of two lots in Strawberry Fields~. wanted to know if there would be wells and if the street and cuI de s c would be lighted. Nielsen said the City allows lighting at intersections and ends of cuI de sacs. Commissioner Spellman said that a storm sewer would problem. Leslie asked the Planner if this finishes area? Nielsen said there were some parcels left. Commissioner Mason suggested that perhaps the developm nt could be hooked up to City water. She thought the City Council should look into adopting a policy of requiring developers to inquire whether local residents would like to have water. Johnston said that water hookups are 1000 ft. away and that the cost to run them to the development would be prohibitive. Stover said the connection charge for the individual h me owners would be $4000.00. Babs indicated that the area residents would water. Schultz asked what the lots would sell for. know. Soil borings would have to be done. be split entry. Schultz said he would like to see feasibility of more than one pond single pond. Nielsen said that City Engineer Norton does recommend development's plan. Citizens have already turned down for the area. The current policy is for each developm it's own water. Schultz felt there should be a clear definition of who is responsible for the pond and it should be located on an outlot. . Commissioner Leslie said that this area has had years. She would like more assurances from the drainage would not create more problems. e problems for gineer that the in the not be in~erested in City Johnston aid he did not The design would likely I the City Engineer stUdy the or perhaps increase he size of the . ~ , he a storm sewer nt to handle CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES. JULY 17. 1990 COUNCIL 5755 CO PAGE 3 to City . Spellman moved. Mason seconded to approve a Prelimina subdivide Shorewood Suburban Estates. subject to appr Engineer and Planner. Motion carried - 710 PUBLIC HEARING - VARIANCE FOR TWO DWELLINGS ON ONE LO LOCATION: 24620 SMITHTOWN ROAD APPLICANT: DON MESSENGER Nielsen presented the City's recommendations for the riance for Mr. Messenger. Mr, Messenger requested a variance to allow him to continue to live in his current house while he builds another house behind it. The Planner recommended granting this variance providing Mr. Messenger's new house is completed within one year and the old structure and an accessory building be torn down withi two weeks of the completion of the new structure. Schultz inquired how the City could guarantee this. suggested that the City Attorney should draw up a formal agreement. Spellman moved, Leslie seconded, to approve a variance for two dwellings on one lot for Mr. Don Messenger. subject to the conditions recommended by the City Planner. Motion carried - 7/0. . PUBLIC HEARING - SETBACK VARIANCE AND CONDITIONAL USE ERMIT FOR ACCE~~ORY SPACE IN EXCESS OF 1200 SQUARE FEET. LOCATION: 5755 MERRY LANE APPLICANT: ROCKFORD WALDIN . Nielsen explained that the proposal for the Waldin's p operty would require a variance from the 75 ft. setback for Christm~s Lake. The Waldin house is entirely within the 75 ft. setback. T ere is also a 50 ft. setback requirement from the neighbors road, bu it is questionable since this is a private road. The setback requirement would make the lot unbuildable. In prior conversations with Mr. Waldin. it was suggest Commission was conservative in regards to expanding in area and his plans should be drawn accordingly. The n include a second story addition to the main house. The Planner recomroended that the Commission approve th new addition and garage but not the second story or porch additions. Mr. Waldin should submit a new design. Mr. Rockford Waldin explained that the property surrou owned by Interstudy. There is also the public access n The Waldins felt that. given various alternatives, the retain the cottage and add on. He obtained statement neighbors, stating that they did not object to his pIa Spellman asked the Waldins if they would modify their lans. Waldin said he felt he would like to stay with the pIa Schultz asked why Christmas Lake has a 75 ft. setback nd Lake Minnetonka only 50 ft. d that the the setback w plan does ding them was xt to them. would like to from ~ . . . CITY OF SHOREWOOD PLANNINtJ COMMHJfHON MEETING MINUTES, JULY 17, 1990 COUNCIL C AM!ER~ 5755 COU RY CLUB ROAD PAGE 4 Nielsen said that the DNR sets these regulations. Schultz said that if the Waldins turned their current garage into a walkout. there would be no need for an accessory space variance. They agreed. Schultz asked if the Waldins are living in this home. Waldin indica ed they are. So. the house is not unlivable. Commissioner Bongaards asked the Waldins if they anticipated expanding when they bought the house. They said yes. She asked if they had researched any of the options available to them? Mr. aldin said he was aware of the setback but had not looked into any 0 her concerns. Spellman moved to deny the request for setback varianc and C.U.P. Motion died for lack of second. Leslie asked what alternatives the Waldins had for a s cond story addition. Mr. Paul Hannan. Architect. said the 50' setback was q The second story addition was proposed for economic re really just a dormer. However. they can add on to the Commissioner Mason asked what the increase in value wo estimated $150.000.00. Leslie asked if the Commission could agree on any of t e four issues involved. Schultz stated he would be inclined not to recommend a variance. He would ignore the setback from driveway but was opposed to building toward the lake. Leslie would like the Waldins to look at other alterna ives. Schultz and Leslie suggested the Waldins table their plan and come back with an alternative proposal. Hannan asked if they would recommend the variance now ased on the idea of an addition to the new space. Leslie and Schultz wanted them to submit a new plan by the next meeting on August 7. 1990. Mrs. Waldin said that this was their first best effort and they would be back with a new plan. Mr. Waldin requested that th plan be tabled. estionable. sons, it is ew addition. ld be. Hannan Ben~on moved, Mason seconded to table the Waldin reque~t for a variance and C.U.P. I Motion carried - 7/0. BREAK 9:10 - 9:17 PUBLIC HEARING - PRELIMINARY PLAT - BOWMAN ADDITION I I LOCATION: 20025 MANOR ROAD I APPL I CANT: R I CHARD BOWMAN I Nielsen presented a plan by Mr. Bowman to subdivide hi~' property into two lots. The property is located in Shorewood and De phaven. Nielsen felt that the City should take into consideration the future development of the property. A road should be plattedl now so that any future residents would have access to the property. Since the proposed subdivision leaves several issues unsolved. t e Planner asked the Commission to table the preliminary plat. Mr. Bowman asked the Commission to treat this request subdivision into on 5 acre parcel and two lots in Shor Deephaven. He felt that any future subdivision should addressed at this time. s a simple wood and two in not be 4 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES. JULY 17. 1990 COUNCIL 5755 CO PAGE 5 Benson moved. Spellman seconded to table the request ind resubmit in 60 days, with the recommendations of Motion carried - 7/0. a subdivision Planner. PUBLIC HEARING - SETBACK VARIANCE LOCATION: 4225 ENCHANTED LANE APPLICANT: CHESTER YANIK , Nielsen presented the City's recommendations on the setback variance. In 1989 Mr. Yanik was denied a setback variance to exp nd his deck and build a gazebo within the lakeshore setback of Lake Mi netonka. The gazebo and deck were under construction at the time th variance was denied. Mr', Yanik completed the construction and is n w reapplying for a variance. Mr. Yanik would like to move his gazeb to the East side of his house, This would require a 7 foot side y rd setback variance. Mr. Yanik would like to keep his deck as it now stands. This would require a 22 foot setback variance from the lake. In 1981, the Council had approved a variance to allow he deck to be 35' from the lake. The Planner recommends the variance be allowed for the gazebo and that Mr. Yanik's deck be brought into compliance with the 1 81 variance. This would require cutting back the deck to no closer han 35 feet from the lake. Mr. David Bush was a the meeting to represent Mr. Yani . He asked that the Commission set aside any past difficulties wi h Mr. Yanik and grant his variance. Screened porches are appropriate for this area. Spellman moved. Leslie seconded, to allow a variance fir the deck no closer than 3~' from the O.H.W. of the lake. Motion carried - 6/0. Spellman moved, Benson seconded. to deny the variance I'for the gazebo and to have it removed. Motion carried - 6/1 (Bongaards). i PUBLIC HEARING - CONDITIONAL USE PERMIT - PUBLIC WORKS FACILITY LOCATION: 24140 AND 24250 SMITHTOWN ROAD APPLICANT: CITY OF SHOREWOOD Nielsen stated that the City Council, on July 16, 1990, had agreed that they would not condemn the Bishop property for a ublic Works Department and would continue to negotiate with Mr. Bi hop. The condition of the soil at Badger Park has eliminate expanding the current Public Works Dept. Nielsen enumerated the reasons for having a larger Public Works site. The City could also maintain a 50' setback from the re idents. He also indicated that any new garage would maintain curr nt building standards for the City. Sheryl Nash of 5625 Shorewood Lane had a number of que 1. Would the property value decrease as eyesore. 2. She would need reassurances that the runoff om the salt storage would not endanger the water table. ~ ~ . . . CITY OF SHOREWOOD PLANNINg COMMISSION MEETING MINUTES, JULY 17. 1990 COUNCIL CtAMBERS 5755 COU!'I MY CLUB ROAD PAGE 6 3. Concerns about her children around the eqUipmEnt. 4. She would not have purchased in this area if fhe had known the Public Works would be relocated. Nielsen said: 1. The landscaping and the 50' setback were desi~ned to buffer the neighbors from the site. 2. The sand and salt would be stored on a paved furface in a building. 3. All equipment would be in garages or in fencec storage areas. Jim Douglas, 24010 Smithtown Road Mr. & Mrs. Douglas felt that the traffic flow on HwY 1< is already very heavY and any additional truck traffic could be dcngerous. Judy Englund, 24050 Smithtown Road Ms. Englund also indicated that the logistics of the alea, the curve in the road by Tonka Bay Shopping Center, made traffic very congested. Jim Nash. 5625 Shorewood Lane Mr. Nash wanted to know when and where the decision waf made that this should be the host site. If this property is developed and at a future time. otler cities share this facility the traffic would be even worse. Nielsen said that the Public Hearing was being held making a decision. No decision on the public works Amy Briskey. Stated she would rather have the area residential. Sheryl Nash. 5625 Shorewood Lane Mrs, Nash stated that the compost site would receive traffic to drop off material. Nielsen said that the compost site at a Public Works fc'cility is not definite. Hennepin County had directed each city to SEt aside an area for this but no longer insist on it. Mrs. Nash felt there was no point in taking a resident al area for a Public Works Dept. Nielsen said a Public Works site is essential and ShorE wood is almost entirely residential. fOl the purpose of haf, been made yet. i c~nstant car LeRoy Bishop, 24250 Smithtown Road Mr. Bishop said he felt that the City does not need th s much land. Minnetonka has 44,000 residents and 15 acres for Publi< Works. Chanhassen has twice the Shorewood population and only has two acres. Since 1987 the Brom property on HwY 7 has been sold. Tlere is property next to the Shorewood Shopping Center and behind the Ncrwest Barm Building suitable for a Public Works. Mr. Bishop stated that HwY 19 is already 25 - 30% over lit's rated capacity. I Shorewood says they are a residential community and yet is willing to t~ke out re~idential property for a Public Works site. I He felt the CIty was beIng very offhand with it's citizens. . Mr. Bishop felt the City should move Badger Park acrOSf the street and use the current park for the Public Works site. Nielsen said that moving the Park has been discussed, lut that it is more accessible at it's current location. Mr. Arlan Vanderlinde, Shorewood Lane 6 CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES. JULY 17. 1990 Mr. Bishop felt the Commission could not legally C.U.P. since they do not own the property yet. Nielsen said they could give a land use opinion. ty than it . Mr. Vanderlinde felt the City was acquiring more needed. They should view this very carefully. the proposed Leslie asked what other sites had been under considera ion. Nielsen enumerated: 1. A site next to Freeman Park. 2. N. E. quadrant of Eureka Rd. 3. Watertower Site. 4. HwY 19 N. of Tom Thumb. 6 acres. 5. 10 acres next to Minnewashta school. I Schultz indicated that objections would occur with anyl site. The City is growing and needs more services. i Spellman said the City has more residents and less co~on ground. Mason was concerned about the appearance of the new bu~ldings. . Nielsen said the new buildings would conform with curr nt constructIon standards. Another hearing will be held when the desi n is completed. Spellman moved. Benson seconded. the C.U.P be adopted. Motion carried on a roll call vote - 6 aye. 1 nay (Les ie). . Leslie stated she did not feel good about this as cept. Council Liaison Stover said the Commission should look at the location and if this is a reasonable land use. Schultz questioned using just parcel A. He said he wo ld insist doing things in the proper order. He wanted landscaping don before the buildings were erected. AMENDMENT TO NOXIOUS WEED ORDINANCE Benson felt the Ordinance amendment was a waste of the Commission's time and was unenforceable. Spellman moved, Pitney seconded. to refer the Amendmen back to the City Council with a recommendation against adoption. Motion carried - 7/0. Benson moved, Mason seconded. to adjourn the meeting fmendment to a~ 11:30 P.M. the Schultz felt that Mayor Haugen should not discuss the Noxious Weed Ordinance and then abstain. Motion carried - 7/0 . RESPECTFULLY SUBMITTED. Katie Snyder Recording Secretary 7 . . ~ CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES. AUG. 7. 1990 COUNCIL CAMBERS 5755 CO Y CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Chairman Schultz called the meeting to order at 7:30 P.M. ROLL CALL Present: Chairman Schultz. Commissioners; Benson. Le lie. Mason. Bongaards. Spellman. and Pitney. 7:30 PUBLIC HEARING - SETBACK VARIANCE LOCATION: 5725 MERRY LANE APPLICANT: W. ROBERT ANDERSON Planner Nielsen introduced the request by Dr. W. Rober Anderson for a setback variance to construct a solarium on the lake s"de of his home. Dr. Anderson's existing home is nonconforming with reg rd to the required lakeshore setback of 75" for Christmas Lake. Dr. Anderson proposes to build the solarium three feet further into the setback area. Because Dr. Anderson would be building further into th lakeshore setback and the solarium did not constitute a hardship. Nielsen did not recommend approval of the variance. Nielsen felt the Andersons could open UP the southwest end of the building for light. The existing porch can be repaire as long as it is not enlarged. Chairman Schultz asked if Dr. Anderson or his represen the room. Dr. Anderson and Mrs. Anderson were there b Ellingson of Israelson. Reese. Ellingson and Associate their request. Schultz asked how the property cannot be put to use wi variance. Mr. Ellingson stated that the house was small in compa ison to the other houses on the lake and because of the wooded nat re of the lot. a solarium would add light to the house. The Anderson's neighbor. Mr. Rockford Waldin said that an addition would not show from the lake and he would have no problem with the structure. Mr. Ellingson also showed the Council lett rs from surrounding neighbors who did not object to the buildi g. ative was in t Mr. Lloyd presented Spellman moved. Bongaards deny the setback variance Anderson. Motion carried - 7/0. seconded, to recommend the ity Council for a solarium at 5725 Merry Lane, W. Robert ! Corr~issioner Leslie f.-elt the Anderson's porch could be~repaired as long as it does not increase the non-conformity of the house. She felt the denial was appropriate because an approval wo ld set a precedent for future variance into the lake setback. Commissioner Pitney said the Andersons could also add oors to the existing porch to make it usable. 1 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES. AUG. 7, 1990 COUNCIL~AMBERS 5755 CO Y CLUB ROAD PAGE 2 Schultz said it was the intent of the Planning Commiss on to interpret the City Ordinances as best they can. The lake setbac s are determined by the DNR. Spellman moved. Bongaard~ seconded. to recommend the CJty Council deny a six foot variance for an addition to the Waldin porCaro Motion carried - 7/0. 1 Pitney asked if there should be a motion regarding a C U.P for garage accessory space since this was in the original varianc request. Nielsen said they should. i Leslie moved. Pitney seconded. to recommend the City crunCil grant a C.U.P for accessory space for the garage at the Waldin house. Motion carried - 7/0. I I I I I I PUBLIC HEARING CONTINUED - SETBACK VARIANCE LOCATION: 5755 MERRY LANE APPLICANT: ROCKFORD WALDIN Nielsen explained that the request for variance for th been tabled at the last Planning Commission meeting. now presenting revised plans to put a second story ove addition to their present house. They also still prop the size of the existing porch by six feet. Nielsen felt the Waldins had done an excellent job of plans to Shorewood's zoning requirements. He felt the be approved for the addition but recommended denial of for the porch because of the encroachment on the lake told the Planning Commission they would need to make t this. Schultz asked if the Waldins had any comments. Rockford Waldin said the porch was not very liveable w of space. The trees that surround the porch make it ha away from the lake. He asked that the variance be gran Schultz asked if there were any other comments from th There were no further comments. Leel1e moved. Mason seconded. to recommend the City Co the setback variance for the addition to the Waldin ho Merry Lane. Motion carried - 7/0. SIMPLE SUBDIVISION/LOT COMBINATION LOCATION: APPLICANT: 5860 AND 5870/5880 HILLENDALE ROAD KENNETH KOEHNEN Nielsen said that Mr. Koehnen had subdivided the lots 5870/5880 Hillendale Road in the mid 1970's. Upon res property at 5860 it was discovered that the access eas recorded. The new owners of the lot to the south do n 2 Waldins had e Waldins are the new se to increase dapting their variance should the variance etback. He o motions to do th 75 Sq. ft. d to extend ed. floor. ncil approve se at 5755 t 5860 and Ie of the ment was never t wish to . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES. AUG. 7. 1990 COUNCIL ~755 CO PAGE 3 AMBERS RY CLUB ROAD convey an easement but will sell the small triangle described in the original easement to Mr. Koehnen.. The lot at 5860 Hillendale will be landlocked without this piece of property. Nielsen recommended approval of this subdivision/combination. Mr. Koehnen said he had just found out that the easement was never recorded and would like to be able to sell the propert Spellman moved. Leslie seconded. to recommend the Cit Council approve the simple subdivision to convey the triangle piece of property to Mr. Koehnen for access to his property on 5860 Hillendale oad. Motion carried - 7/0. The Bowman plat was tabled at the July 17th Planning C meeting. Since then the City Attorney and Planner hav Deephaven City Attorney. City Engineer and the applica surveyor to discuss the plat. All of the problem issu satisfactorily resolved and Nielsen recommended approv preliminary plat and that his recommendations be incor development agreement. Leslie asked why the staffs of the two cities had not problems before a presentation was made to the Plannin Nielsen indicated that Mr. Bowman's Realtor handled th was unaware of the issues involved and Mr. Bowman thou simple division. Commissioner Mason asked about the Police and Fire pro ection. Nielsen said there would be an agreement between the t 0 cities. The utilities would come from Shorewood. Schultz asked if the cul-de-sac was adequate for Fire jrUcks. Nielsen stated it was adequate. Spellman moved. Bongaards seconded. to recommend the City Council approve the preliminary plat for the Bowman Addition. PUBLIC HEARING CONTINUED - PRELIMINARY PLAT - BOWMAN LOCATION: 20025 MANOR ROAD APPLICANT: RICHARD BOWMAN Motion carried - 7/0. SIMPLE SUBDIVISION LOCATION: 25725 SMITHTOWN RD. APPLICANT: JAMES LUKICH DITION mmission met with t's Realtor s have been I of the orated into and the iscussed these Commission? division and ht it was a Nielsen presented the request from James and Rhonda Lu ich to subdivide their property at 25725 Smithtown Road into wo lots. The proposed Tract A. which includes the Lukich house. will have 47.084 sq. ft. of area; Tract B will have 23.520 Sq. f . of area. Tract A will not have adequate width to be further div"ded. The Lukichs have been advised of this. Because of a 16.5 foot driveway easement, the neighbor have to sign off on any utility easements. The Lukich attorney fel they might have problems with the neighbor to the West. - J . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES. AUG. 7. 1990 COUNCIL CAMBERS 5755 COU RY CLUB ROAD PAGE 4 Nielsen recommended approval of the subdivision subjec to the Planner's list of conditions. Spellman moved. Ben~on ~econded. to recommend the City Council approve the simple subdivision at 25725 Smithtown Road. subjec '0 the City Planner'~ conditione and ~ubject to variances not bein required. Motion carried - 7/0. MATTERS FROM THE FLOOR NONE REPORTS Council Liaison Stover reported that the Council was s ill pursuing the Bishop property for a Public Works Department. Nielsen would be drawing UP plans for the use of only he Cross property as a Public Works site. I Nielsen said the plan was already drawn but there woul not be room for composting. The staff recommends the purchase of he rest of the Cross property at a future time. Stover also reported the Minnetonka Country Club had r quested a change in the City Ordinance to comply with the new St te code. The Council had granted this. She reported that the Shady Hills drainage problem wou d be more expensive than anticipated. A Special Taxing District would be necessary for the assessments. Nielsen said it is hard to prove individual benefits f r drainage repairs and that is why Special Taxing Districts are u ed. Schultz asked about the signs and parking at Creapeau ~ocks. Nielsen said that Creapeau was working on this. I The next Planning Commission meeting is August 21, 199t. I Pitney moved, Benson seconded, to adjourn the meeting tt Motion carried - 7/0 ADJOURNMENT RESPECTFULLY SUBMITTED. Katie Snyder Recording Secretary 4 8:53 P.M. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES. AUGUST 21. 1990 COUNCIL CH 5755 CO PAGE 1 M I NUT E S ERS Y CLUB ROAD CALL TO ORDER The meeting was called to order by Chai an Schultz at 7:34 P.M. ROLL CALL Present: Chairman Schultz. Commissioners Leslie. Maso . Bongaards. Spellman. Pitney. Benson. Planner Nielsen. Council Liaison Stover. 7:30 PUBLIC HEARING - WATERFORD 3RD PHASE REVISED DEVE PMENT STAGE PLANS Chairman Schultz asked the members of the audience to sign up if they wished to comment on the plan. Planner Nielsen presented the Waterford 111 revised De Stage Plan. In the Fall of 1989 the plan was approved without a Co enience Store/Gas Station. The developer. Sherman Boosalis Interests. Inc., is as ing the City to reconsider it's decision. They would like to add a Co enience Store and Gas Pumps attached to the mall. There will also be an office building. restaurant, daycareand bank. Sherman-Boosal~'s feels a Gas Station/Convenience Store is necessary in order for hi to make the financial guarantees the City requires. The addition f a restaurant to the site is in response to the elimination of the B rger King and Arnold's due to the construction of the Vine Hill inte~section. Nielsen said there are a number of issues to be addres 'ed. 1. SIGNAGE There must be stringent controls on signage. Gas stations seem to need an inordinate amount of signage. Outdoor sales and signs should be restricted. The City sho Id enhance enforcement of the City Ordinance. Requireme ts for signage should be incorporated into individual lease and sales agreements. 2. LIGHTING The lighting for the site should be hooded. e houses are set higher than the site on the North and South and this will help. 3. HOURS I The developer is asking for extended hours fOj the gas station from 5 A.M. to 12:00 A.M. and from 7: 0 A. M. to 11:00 P.M. for the restaurant. The original pproval recommended hours from 7:00 A.M. to 10:00 P.M. If the revised plan is approved. it is recommended t e hours should be limited to 6:00 A. M. to 11:00 P.M. on weekdays with one hour later on weekends. The gas pum s should 1 I COONC I L l1OOll!lRS 5755 CO~RY CLUB ROAD PAGE 2 have only one island lighted after 10:00 P.M. LANDSCAPING Larger than normal landscaping should be use~. especially by the gas station. Any existing vegetation should be identified and protected during construction. TRAFFIC I The proposed restaurant will have 2000 Sq. ft. and is considered a high turnover. sit-down. This ill result in 329 trips per day. The gas station will enerate 420 trips per day. The original site plan called for 144 multiple-family units, this would generate 720 trips per day. The current plan reduces the ultiple family units to 54; with 432 trips per day. 0 the actual trips per day generated by the site wo ld not change. GROUNDWATER/SURFACE POLLUTION The laws have changed dramatically concerning pollution. Most of the problems with leaking fuel tanks is in the piping; The MPCA recommends flexible piping ~nd fiberglass underground tanks. The delivery of fuel is also a problem. Catchment basins are now required ith leak detectors. Customer spillage is not a proble CITY OF SHOREWOOD ~LANNING COMMISSION MEETING MINUTES. AUGUST 21. 1990 . 4. 5. 6. The City feels the Sherman-Boosalis proposal has merit subject to the concerns mentioned above. . GEORGE SHERMAN OF SHERMAN-BOOSALIS INTERESTS. INC. Mr. Sherman feels the new development plan appropriatellY reflects the development on Hwy. 7. The project is less dense than originally proposed. I 1. Sherman said the mall is a neighborhood center~. 85% of the sales at the convenience store will be inside, not at the pumps. A stand alone gas station would have 8 % more traffic. 2, The proposed restaurant will be a family restafrant. The the current restaurants at this site will be r moved. 3, The gas station will draw 20-30% more traffic ut the overall traffic is reduced from the first proposal. 4. Signage will be hidden by trees and will be no taller than twenty feet. I 5. Sherman requested the hours for the restaurant 7:00 A. M. to 11:00 P. M. and asked that the h convenience store be 5:00 A. M. to 12:00 A. M. because of the other restrictions placed on th the proposed tenant wanted additional early ho the station economically viable. 6. Sherman felt the lighting requirements were re sonable. to be urs for the He said that gas station. rs to make At 8:17 the hearing was open to comments from the publ 'c. Chairman Schultz said three letters were written to the City re arding the new proposal. These are as followed: . 1. Bob and Diane Wichterman. 5385 St. Alban's Ba~ Rd. 2. Peter Boyer. 19685 Old Excelsior Blvd. 3. Audrey C. Single. Shorewood. . 2 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES, AUGUST 21, 1990 COUNCIL CAMBERS 5755 CO RY CLUB ROAD PAGE 3 Chairman Schultz asked the residents to be aware of DAVID DEAN 5690 OLD MARKET ROAD Mr. Dean said he had faith in the Planning Commission Council. During the hearing in the fall of 1989 the C keeping faith with the 1984 agreement. The 1989 heari station and extended hours and the 1984 agreement proh restaurant. He asked the Planning Commission to keep constituents. None of the neighbors are in favor of t Regarding the TIP for the intersection, what has chang developer can't get financing because it is not a viab feels the City has met it's obligations in the 1984 ag developer has not. The center was not approved in the addition of a gas station shores up a weak economic pr This is not a neighborhood proposal because the neighb want it. There are concerns about the environmental i liquor in the restaurant. This proposal is all for th developer. LOUISE BONACH 19625 SWEETWATER CURVE nd the City uncil mentioned g denied a gas bited a aith with it's is mall. d? The e project. Dean eement but the form. The posa 1 . rhood does not pact and about benefit of the Bonach said she has lived here eighteen months and has been to five or six public hearings. Many people told her it is futil to come to the public hearings because the Commission has already dec'ded what it will do. She said she strongly believes there should e no gas station. especially in light of the Middle East situat'on. She wants no restaurant and no liquor. Bonach felt three extend d hours are unnecessary. This project is only beneficial to Sherm n-Boosalis. The neighborhood does not want this project and will b ycott the businesses. She urged the Commission to listen to the residents. She said she is a constituent and government should listen to her. Swanson said the City made a commitment to the constit ents to reject a gas station and restaurant at this site. He challeng d the City to make a survey of the residents; he felt they would fin an even higher percentage do not want the center. He said there are similar restaurants on Hwy. 101 and stations. Office buildings are overbuilt in the Twin said he is an engineer and knows that no tank system i contamination and the watertower is very close. The values of the residents homes will decrease. Swan on said the developer stated that the mall needed 80% more traffic to make it viable. He feels the developer can't lease the space. Swanson urged the Commission to put it's foot down and reject the prpposal. I I I I Mr. Hare said he represented the Waterford Homeowners t'SSOCiation. Hare felt the City's dollars were hard at work for the developer. He had received promises to mitigate the risk on the inte section and nothing has been done. He felt the restaurant would e courage loitering by high school students. He said the crowd at the meeting is small but that doesn't mean the interest isn't high. He said there GARY SWANSON 19535 VINE RIDGE ROAD JAY HARE - 5670 OLD MARKET ROAD ."1 any gas ities. Swanson immune from . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES. AUGUST 21. 1990 I COUNCIL CAMBERS ~755 co RY CLUB ROAD PAGE 4 were very few notices sent in comparison to the last h aring. People are not saying anything different than they did last f II. He thinks this proposal is more a regional mall than a neighborh od. GVILD COPELAND - 19650 CHARTWELL HILL Copeland said the restaurant is a bad idea. High turn traffic. Nothing has changed since the last proposal. the developer can't come up with anything. Having a g lynch pin of the center is a bad idea. If the tenants they are also looking for another business to draw peo whole idea becomes very precarious. PAULA GREGG - 5320 SHADY HILLS CIRCLE Gregg said she moved here in May and is not well verse of the proposal. She felt the traffic and the type of draw would not be desirable. She said she doesn't use neighborhood commercial businesses and the area does n child care center. The housing will not attract peopl The people don't want this center and the people trust Commission to turn down the plan. Schultz asked if anyone else wished to speak. ver means more In six years s station as a want this, then Ie and the in all areas people it would the t need another with children. the Planning GEORGE SHERMAN OF SHERMAN-BOOSALIS, INTERESTS, INC. I I I In 1984/85 the City asked for less density at this sit~. They did say that a daycare and office are reasonable uses. This i a development site with constraints. There is less housing and 10-1 % less commercial than under the first proposal. In order to make this economically viable and to guara~. tee the costs of the intersection. Sherman-Boosalis cannot afford to make mistakes. At HWY 7 and 41 everything went into the gas station a the expense of the retail. This center would not be like that. The eveloper is not asking for more but less. ' BARB CHRISTIANSON 19545 VINE RIDGE Christianson urged the Commission to look at the bigge There are concerns about recession. national debt and Minnesota housing starts are down. market values are d unemployment is up. Many of these malls are white ele turnover. She said the Commission should look outside look at the long term interests of the neighborhood. JAY HARE Hare felt the developer was asking for a change in the of financial reasons. Sherman-Boosalis is motivated b Residents are interested in their families and the saf chi ldren. 4 picture. ow war. wn and hants with high this room and plans because profit. ty of their . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES. AUGUST 21. 1990 PUBLIC HEARING CLOSED AT 9:14. Schultz asked if Council Liaison Stover had any commen s. stover said that in 1984/85 the decision was made to b ild a strip mall in response to a plan by Trivesco. Tax Increment Financing will be used for the intersect The money comes from excess taxes from the development will be used for roads. purifying water and possibly p ons and roads. The excess rks. I Commissioner Spellman asked Nielsen about the signage ~nforcement. Nielsen said the City should issue citations. The Citl Attorney.says the City can complain through the courts but this is t me consumIng. Bpellman asked if they should license the businesses. Nielsen said the City Attorney felt this would not be effective. Nelsen said the City should take time to enforce the Ordinance. Spellman asked if there were specific problems with ga! stations. Nielsen said the City is going to court with Fina now ver signag~ violations. The Attorney advised the City to pursue t e case. Flna is a stand alone gas station and there seems to be mor problems with these. i Councilmember Bongaards asked Nielsen if a restaurant ~as specifically denied. Nielsen said yes. but it was a fast food resta rant. at the time. and Burger King objected to a restaurant at that site. Bongaards asked Sherman for examples of possible tenan~s. Sherman said Lee Ann Chin. Davanni's. Ciatti's.. Theselare sit-down restaurants with some take out. He said he cannot getla gas station tenant without extended hours. Sherman said the Signa!e restrictions would not be a problem. He said a gas station is necessary to provide the guar ntees the City needs. . Conwissioner Pitney asked Nielsen if there were any re~uirements for a gas station adjacent to a watertower. Nielsen said he did not know; only that there are setbacks. Pitney stated that a b tter use would be to put in a stand alone gas station and turn the re t over for a park which would provide more green space in the area. Spellman said a gas station would have 30-80% more tra fico Commissioner Benson said the 1984 idea was to provide area. An office park was acceptable with weekday hour to 6:00 P. M. so that evenings and weekends there woul A strip mall was not what the City had in mind and he drifted from this concept. Stover said the Council was thinking of an area like C ousing in the fro 8:00 A. M. be no impact. eels they have owen's Corners. Spellman moved the Planning Commission recommend the City Council approve the Waterford 111 revised Development Stage Pl~n. I I a~sure the mall Motion died. no second. Commissioner Mason asked Sherman what can be done to is rented. What kind of commitments does he have. Sherman said there is 24.000 sq. ft. of space. Avid restaurant and dry cleaners have shown interest. Ther intent for the office building. 60% of the retail wil o store. are letters of be in place ,- ~ CITY OF SHOREWOOD flLAHNIHG COMMISSION MEETING MINUTES. AUGUST 21. 1990 I COUNCIL CHrERB ~7~~ COUNT Y CLUB ROAD PAGE 6 i when the building starts. The exterior of the building residential look. The multiple housing prices will be Mason asked Nielsen how far away Waterford was from the Nielsen said it was 530 ft. to the back of the property Mason asked Sherman if. with these commitments. he stil station. He said yes. Commissioner Leslie asked Sherman if he had access to t e 1984 Agreement. He said he did and the agreement only exclu ed a restaurant. I Mason said there is no gas station on the South side of Leslie said they were looking at two changes in the dev agreement. Nielsen said they should look at the land u Schultz felt there were three questions: 1. A gas station 2. Restaurant 3. Extended hours. An office was always thought of as a good use of the la d. will have a bout $225.000. development? line. needed a gas . HwY 7. lopment e. PAULA GREGG said she thought a Real Estate office wouldi have late night operating hours and would not be a good idea. i Bongaards asked if it is possible to do something attraftive with the mall to attract unique businesses. Sherman said if they had them they would have proposed hem. They have tried to the best of their ability. Ten more twin homes could go in there but they could not guarantee the intersection. . Schultz said the City is worried about previous commit~nts. Nothing has changed since the 1989 hearing and he feels the Cit should not deviate from their decision. Leslie said she was involved in the 1984 and 1989 decisions and is not in favor of a gas station. She felt there was no justification for changing. i I I Leslie moved I Benson secondedl to recommend the City cor. ncil deny revised Waterford 111 Development Stage Plan. Motion carried - 6/1 (Spellman nay). I the Schultz said the Commission had been accused of making p their minds ahead of time. He said this is not true and the audiences comments had influenced him. MATTERS FROM THE FLOOR None i i I Stover said that the Yanik. Anderson. Waldin and Lovre~.n variances.had been tabled at the Council meeting because only four me ers were In attendance. Bowman and Koehnen were approved. There as the first Budget workshop and Joint Park Commission meeting. The discussed a Park referendum. Her personal feelings were that they should exhaust all other sources of funding before they ask for a referendum. Leslie felt the Parks were a luxury and there are more important issues. Stover said her opinion was not a unanimous opinion. REPORTS . 6 . . . CITY OF SHOREWOOD flLAHN I NG COMMI SfH ON MEET I NG MONDAY. OCTOBER 2. 1990 COUNCIL C.lAMBERS ~7~5 CO~RY CLUB ROAD PAGE 1 I I M I NUT E S CALL TO ORDER The meeting was called to order at 7:30 P.M. by I COllllli"iioner I aenson I and Spellman. ROLL CALL Present: Commissioners. Bongaards. Spellman. Pitney. Leslie. Chairman Schultz Absent: REVIEW AGENDA APPROVAL OF MINUTES There were no minutes for approval. '130 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT - KlEMPEL CHIME APPLICANT: HSW. INC. LOCATION: 21195 MINNETONKA BLVD. the pjanning I i Planner Nielsen presented his recommendations to Commission. In 1978 Kuempel Chime Clock Works and Studio was grant~d a C.U.P as an art studio. At that time the property was never rezon~d from residential to R-C. In December of 1988 the rezoning ~as approved by the City and a new C.U.P. was granted. One of the conditions of the C.U.P was that the businefs remain under the McGregor family ownership. On September 4. 1990 tee City was advised by the McGregor family attorney that the businEss will be sold to HSW. Inc. and he requested a new C.U.P. According to the McGregors. Mary Jean McGregor will continue to be active in the business. I Nielsen recommended that the C.U.P. be approved. He S!id that Mary Jean McGregor will still continue to be active in the usiness. however. he said the approval of a C.U.P. should be ba ed on acceptable land use not the acceptability of the owner' Nielsen said the City had imposed previous landscaping requirements on the Kuempel Chime property. Six four ft. evergreen trEes were to be planted on the east side of the property. The McGreg01S planted seven trees and a privacy fence. The resident now prefers t( have the evergreen trees. On the south side of the property. the McGregor's contI actor graded beyond the property line. The McGregors propose to bu ld a retaining wall along the property line to solve the problem. 1 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MONDAY. OCTOBER 2, 1990 COUNCIL CAMBERS 5755 CO Y CLUB ROAD PAGE 2 HSW, INC. - JOE LAWVER I INC. purchased the assets ~f Kuempel be no change in the operation of the I I Mr. Wurm said he owned the property to the east of Kue said all the brush was cleared and now the concrete bl building is exposed along the entire south side. He w know what the retaining wall will look like. The McGr a photograph of the wall. Mr. Lawver stated that HSW, Chime. He said there would business. CONRAD WURM pel Chime. ck on the uld like to gors showed He him Spellman asked Mr. Wurm if the retaining wall met with his approval. Wurm said it did. Audrey McGregor told Mr. Wurm that she cut down the br sh because there were complaints about people sleeping in the und rbrush. THERESA BOON - 4930 FERNCROFT ROAD Mrs. Boon owns the property to the south of Kuempel Ch"me. She said the fence is no longer acceptable. It was suppose to e an eight foot fence. She said a six ft. fence does not cover the bU'r"lding, since the brush was removed. JOE LAWVER I Mr. Lawver said an eight ft. fence does not comply Wit~ the City Ordinance. I I ! MARY JANE MCGREGOR I Mrs. McGregor said the fence can be taken down and added to make a total of ten trees. The trees are e more trees ft. high. Commissioner Leslie wanted clarification as to who liv d on the east and south sides of the property. Mr. Wurm lives on south side and Mrs. Boon on the east side. Benson moved. Leslie seconded to recommend approval Kuempel Chime subject to the recommendations of the Motion carried - 5/0. i I ofla C.U.P for Cil Y Planner. ! STUDY SESSION B. COMPREHENSIVE PLAN - TRANSPORTATION ISSUES. Nielsen presented the transportation issues to be disc Comprehensive Plan. Environmental issues had been dis joint City Council/Planning Commission meeting. He sai identified in the late 70's had been resolved. The H Hill intersection will be resolved shortly. Mn/Dot ha Hwy. 7 and Christmas Lake Road intersection. These ha ssed in the ussed in a several issues . 7 and Vine plans for the been 2 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MONDAY. OCTOBER 2. 1990 COUNC I L 5755 CO PAGE 3 AMBERS Y CLUB ROAD identified by Mn/Dot as 2 of the top 3 worst intersections in the State. A HWY 7 corridor study was done in the mid 1980's. Many of the recommendations made in the study need to be implemented. _The State did restripe HWY 7 between Hwy 41 and Minnewashta Pk . and add a third lane for turning. The City has received many c plaints about this. Mn/Dot said the striping is temporary until the road can be widened. Council Liaison Stover said the Mn/Dot proposal for a three lane road was not warmly received by the City Council, but the tate decided to restripe the road anyWay. Leslie said this is a short term solution. She feels the main problem is Hwy 7 just west of HWY 41. The three lane road has not been a problem for her. Stover said the State said this is a test site and IOC~1 residents will adjust. The State also stated that three lane ro ds are a problem. Nielsen said the State is not planning any future upg~ades on HWY 7 unt i 1 1995. -I Stover said the State will not act until there are enqugh incidents or deaths on the Highway. I Spellman asked about feed streets that are designated SA roads. Does the City want to incorporate these into the Comprehensive Plan? Leslie asked about collector streets. Nielsen said some roads are on the MSA system that are not main collector streets, such as Howard's Point and Birch BI ff. Spellman asked if there will ever be a signal at HWY 1 and Smithtown Road. ~ Nielsen said it has been discussed for years but the c iteria will be how many incidents occur. Nielsen continued to discuss the Plan. Christmas Lakel Road and HWY. 7 is scheduled for construction in 1992. Spellman asked if Country Club Road is a collector. Nlielsen said it may be a future collector street. Stover and Leslie said that Country Club is used as a ~hrOUgh street by many residents. Stover said there will be a light_on HWY 7 in Excelsio . Nielsen said the design of streets, fire protection a~ private roads are being handled by existing design standards in the ity code. Spellman asked if there is enough right-of-waY_on the treets. Nielsen said that they have 50 foot right-of-ways on m st streets and that has proved to be sufficient. Nielsen added that there is little in the way of mass ransit in Shorewood. The MTC does provide bus service to Excelsior. However. there will probably not be any increase in service duel to the cost in providing it. I Nielsen mentioned that Park and Ride sites might be an issue to study. He also indicated that Chanhassen, Plymouth and Maple rove are cities that provide suburban bus service. Stover asked if there is a potential for light rail in Shorewood. Nielsen said light rail should be added as an issue in the Plan, however, the light rail may never be built. Nielsen said that bike routes are a safety issue on H 19. ,~ " , . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING MONDAY. OCTOBER 2. 1990 NEW ISSUES Nielsen said the City Council has agreed to study the roblem on Old Market Road. The street is used as a short cut to Town ine Road and on to the Crosstown extension. I There will be stop signs at Covington Road. Sweetwater and the service road. Crosswalks have been discussed as a possibility. The Council agreed to restudy the plan for changing th intersection of Covington Road and Vine Hills Road. There have been talks with Minnetonka concerning Townl possibly making it a one way so that traffic could onl 101, Minnetonka did not want to make a decision until the Crosstown was completed. The major discussion cen whether the Crosstown should be a two or four lane hig Minnetonka is concerned about crossing a wetland area. bridge. Most of ne Rd.. go south on their report ers around way. they want a on hand1' 1 i There has been discussion as to whether trails are a t~ansportation issue or a parks issue. ! Spellman asked if there is a trail plan for Shorewood. ! Nielsen said there is an old trail plan. Park Commiss~oner Dzurak said the Park Commission is working on a trail plan. i Stover said a trail plan was designed many years ago i~ cooperation with neighboring cities. I Spellman said Enchanted Island residents are intereste4 in a trail system. I I The southeast area will have a trail system so they ca~ access the park. i Nielsen said there has been discussion about sidewalks Ion Old Market Road and Covington. Leslie asked why there would be a sidewalk in that are~. I these concerns are outside of Shorewood's TRAILS BOB SNYDER - CHARTWELL HILL said the reason for a sid walk is because these roads are collector roads and there are many chi dren in the area. The potential for injury is very high. Mr. Snyder thanked Planner Nielsen for all the work he has done for the area residents. He also thanked the Planning Comm ssion for their support on the Waterford III development. Does the Planning Commission recommend the installatio of sidewalks? Spellman said sidewalks are a good idea. Walking and liking trails should be separated from car traffic. Leslie said she questioned the sidewalk for that parti ular area only because there are also many other parts of the City th t need sidewalks. . Nielsen said there is no question that many other area$ also need separate hiking and biking paths. However. the City c1nnot afford to construct these at this time. I Leslie said it should be part of the plan. 1 DAN LEWIS. COVINGTON ROAD ! Mr. Lewis said the City should do something to protect children on these roads. 4 CITY OF SHOREWOOD PLANNING COMMISSION MEETING MONDAY. OCTOBER 2. 1990 i COUNC I L~AMBERS ~7~~ CO Y CLUB ROAD PAGE 5 I . Nielsen said the Plan needs to identify separate pedestrian paths but right now money is a problem. Commissioner Pitney asked about Elderly Transportation. Nielsen said Elderly Housing is being discussed and t ansportation will be an issue. Pitney is thinking in terms of paratransit. Nielsen said there is not a large elderly population t support paratransit. Stover said that mini-transit has been discussed in City and was tried at one time. Commissioner Benson said White Bear Lake has a City mini-transit. Steve Dzurak said there is bus service to Tonka Bay. . Bob SnYder asked when Vine Hill Road/HwY. 7 intersection would be started. Nielsen said there have been six different plans and it will be started in 1992/1993. Mr. Snyder said when the Vine Hill Road intersection is built, Old Market Road will become the only way to go south. He wanted to know if the Planning Commission ill discuss this. The original intent of the road was to disperse the traffic from the local area not bring in addition traffic. I Spellman said it is hard to keep other citizens out ofl the area. Dan Lewis agreed wi th Mr. Snyder about the need to avolid bringing in additional traffic. Steve Dzurak said that Shorewood should take the initi~tive on this problem. I Nielsen said that right now the City is addressing maj next month specific issues will be addressed._Transpor major issue in the 1990 Comprehensive Plan. Policy is discussed at the next meeting. Stover asked if the HwY 7 & 41 intersection will be ad ed to the Plan? Nielsen said the north side of HwY 7 & 41 is in Shorew od. The service road is an issue and it is addressed in the co ridor study. It is not a part of the MSA system. in the ation is a ues could be A. NONCONFORMING USES . In September of 1989 the City Council reviewed a reque t from Mr. Herbert Mason to allow a gazebo to be built on his pro erty at 27010 Edgewood Road. Mrs. Mason built the gazebo before she applied for a building permit. The City Council asked the Planning Commission to revi requirements relative to the expansion of nonconformin conforming structure is one that does not meet zoning Prior to 1985 a non-conforming structure or use could The code now reads that single family structures can b long as they do not increase the non-conformity. I Nielsen asked if the Planning Commission wanted to allbw some non- conforming use. I Leslie asked if this was a major issue in the City. II Nielsen said the intent of the current Ordinance is to discourage the survival of these structures. If the City continues t allow these structures, will they ever disappear? Spellman said the gazebo was just another auxiliary building and the Ordinance works as currently defined. w the current uses. A non- equirements. ot be expanded, expanded as "'" ~,} CITY OF SHOREWOOD PLANNING eOMMISSION MEETING MONDAY. OCTOBER 2. 1990 COUNCIL efAMBERS ~7~~ COV.N t.tY CLUB ROAD PAGE 6 . Stover said the feeling of the Council was that the ga~ebo is an asset. Leslie and Benson wondered why this issue is even disclssed. Nielsen said the Yanik decision really clarifies this ~ituation. The City cannot deny Yanik and not Mason. Stover said the Council wants the Planning Commission 10 accept. modify. turnover or reaffirm the Ordinance. Leslie moved. Pitney seconded. to recommend the City C<uncil retain the Zoning Ordinance - Non-Conforming Use Provision as is. Motion carried - 5/0 Nielsen said the Zoning requirements are pretty standald for local Cities. Spellman said there cannot be exceptions. because the leople who conform are penalized. MATTERS FROM THE FLOOR . I i I Nielsen told the Commission that a Public Hearing on tle new Rental Housing Code will be held October 8. 1990. He said th~re have been many objections to licensing. One individual who ownsf33-S0% of the housing will adamantly refuse to pay. The City has se t notices to 100 property owners. more than they expected. Leslie asked the status of a new Commissioner to repla(e Pat Mason. Stover said no one has applied. A new member should rEside North of HwY 7 and East of Greenwood. Nielsen and Leslie said they did talk to one woman but she has not formally applied. REPORTS None . The Commission asked Stover about the Council's decisi(n concerning the Yanik issue. Stover said Yanik's attorney tried to lobby the Counci but finally the Council voted to follow the Planning Commission's lecommendations and deny the variances. Stover also told the Commission about a new disclosure form which needs to be signed. Any Council member or Commissionel who owns more than a 10% interest in a property other than their homE. needs to disclose this fact and disqualify themselves from vote~ pertaining to that property. Stover also said the Council discussed the Water Shut ~ff policy and the enforcement of it. Bongaards asked Stover to explain the Council's feelin on the Waterford III decision. I Stover said the Council felt the Waterford III project liS a co~unity project. If the City ties the hands of the developer. the project does not have a chance. The development needs an anch(r business to succeed. Sherman said a gas pump/convenience store haf a good chance of succeeding. Mr. Sherman has won awards for his devE lopments. 6 . . . CITY OF SHOREWOOD PLANN I N<3 eOMMI lU!I I ON MEET! NG MONDAVI OCTOBER 2, 1990 COUNCIL CAMBERS 5755 CO Y CLUB ROAD PAGE 7 Benson said Mr. Sherman did not make a ideas: ADJOURNMENT ntation of his Leslie moved. Benson seconded. to adjourn the meeting t 10:08 P.M. Motion carried - 5/0 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary 7 . . . CITY OF SHOREWOOD PLANNING COMM:ISSION MEETING TUESDAY. NOVEMBER 20. 1990 COUNCIL CH MEERS 5755 CO Y CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Commissioner Schultz called the meeting to order at 7:3 P.M. ROLL CALL Present: Planning Commission Chairman Schultz, Commissioners Leslie, Pitney, Benson and Planner Nielsen. C mmissioner Spellman arrived at 7:52 P.M. Absent: Commissioner Bongaards. APPROVAL OF MINUTES 7:30 PUBLIC HEARING CONDITIONAL USE PERMIT - FILLING AND GR NG APPL I CANT: B?~RTHEL CONSTRLlCT I lJN LlJCATION: 2415~j WOOD DRIVE Mr. Dave Wolf represented Barthel Construct~on. Planner Nielsen presented his recommendations. The applicant proposes to fill an existing depression 0' the site to crOOf.:~aotf.~ o~ If!:!....!E~1 i:lorOOf:~,::'\ foro ,:i frooDn1::o Yi~orood foro a fut:uroof.;!. homf.~ ()n th~: lot.. He proposes to add 380 cu. yds. to the building pad locati nand the southeast CDrner of the lot. The Ci ty Eng i neE~roo was <::isked tCl r"evi ew thf.~ pFooposal and advi ~jed the City that drainage will nDt be adversely affected by the fill. Nielsen recommends granting the C.U.P subject to the applicant plaonting sod cwo sef.;!dion(l no latf.~I'OO than ,Juonf.~ 1, :1.991 and sUob..:iect to t.he applicant providing a minimum :1.2 inch culvert under th.. proposed (iFO i veway. Mr. Wolf said Barthel Construction agrees with the Planner"s rOOf~commf~ndat i oro,s. Commissioner Benson asked what recourse the City has If a developer exceeds the fill limit. Nielsen said they will be charged a double fee fora grading permit. Benson move:u::l p LesH e S€wconde(::l p t:,c.') n~c:ommencj t,he Ci t Y CC,I.!nc i 1 gr'ant the C.U.P. for excess fill at 24155 Wood Drive to Barthel (onstruction~ sI.Abje('.:t t.o t.he pr"ovisi.cms :ll"l the Nc:)ve/llb~~r U':I, 191?,O /llem from tl'1e City PI armer' . Mot.ion carried - 4/0. 1 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. NOVEMBER 20. 1990 COUNCIL CAMBERS 5755 CO RY CLUB ROAD PAGE 2 7.J_4.,~_..,E_\.j,~,b,1.,G_......IjJ;;.A.R.J..!~J?,......::......_g,Q.NQ1.Ij..Q.N.A,~""....,J4.~~....,_Eg,BtH"L..,::-':'"..uE,A.B.!:::;,_,~,t1,~ ~",.I,!;Bu,_,~,W I ,!:...P..lN.,G., APPLICANT: SHlJREWOOD PARK ClJMMISBIlJN LOCATIlJN: MANlJR PARK Planner Nielsen presented his recom~en~ations. {4 Coo U. P. Wo~S C:,II~<::I,nt.e'd :i, n Sf:;!pt€'~mber" :1.(:';;89 t,o 1 oCE\te <:~, tE~mporUal'"y warmi nq house at Manor Park" The C.U"P. was granted tor one YEar in order to monitor the level of activity at. the skat.ing rink to d termine i+ a permanent shelter should be built. The P<::l.!'" k COiTHH:i. ssj, on I..'ta~:~ tU-f.:~coIT,mt'?nded tJ"le! t:,f."lnpcn- cur'y s!u',eltE'r be broLlqht back again this year. I-...I:i, f!:!l se~n I'uecommended t.he CDmmi s~::;i Dn t'''e~commf.0ncl a two '-(ea,r' C.. LJ. P. bE~cause he feels that, even if a Park Referendum passes, there will not. be enou,gh t i mf.~ to COr'r~:5truc:t <:~ wa,rum:i, n(:.:! r",ou~::;e by nE?){ t:, ~:5f?ason. Commissioner Benson wanted to recommend a one year C.LJ.P so that the Cit.y Council has some sen~e of urgency in this matter.. CounCIl l,iaislJn Stover agrees that the temporary building is not ideal but itis better than nothing.. The residents have used the warming 1"',Du,se heav:i,ly t:h€' pa~st SE~cl,':son.. t:;hl!!:! i.'\qr'e€'~::; t,hf.~ C..U.P. ~~hor...\ld be f~'JI~ one ye'al'''.. Commi ss:i, on€~r- L.esl i e a,~:;kf.'!!d :i, f t:,I'''I(':.:' t,empor"ar"y bu,i 1 di, nr,l woul d becomE~ permanent based on the amount of use it gets. StDver said the Park referendum in the Spring will determine how much money will be spent on the Parks.. Chairman Schultz asked the cost of a warming house. between $20,000 and $60,000. St. OVE~F' Si:i i d Nielsen said the Park Commission had a bid of $15,000 from Su~sel t.o construct a garage type warming house.. Stover said the higher priced warming houses would be all purpose buildings tD be used year rDund. Schultz <':ind BE~nson ~5aid th(;:! pric:e~::; ~'>1E~r"f.'~ h:i,gh fOI'- a Wi~F' ing !''',cluse. Benson said if the City had better facilities and they were well maintained, skating rinks would get used more often.. Benson moved, Leslie seconded, to recommend the City C one year C.U.P. for a temporary warming house at Manor Motion carried - 3 aye, 1 nay (Schultz), 1 abst.ain (Pf'ney). ..:.. gr'ant a . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 20, 1990 t!.A.II!;;.B.Q.......F.R.Q.tL....I!:::m;......E.b.Q.Q.B. No matters from the floor. 8..!;;.P.Q.E~.I.~. COUNCI L CAMBERS 5755 CO Y CLUB ROAD PAGE 3 Schultz' asked Nielsen about a replacement on the Plann'ng Cormnission. Nielsen said the City had three applicants. The matte would be on the Nov. 26th City Council agenda. The Council will s t up a time to interview the applicants. Nielsen told the Cormnission there would be an apprecia ion party on Dec. 14th for the voluntary cormnissions and City staff The next Planning Cormnission meeting will be Dec. 4th. Leslie said she would be unable to attend. ADJOURNMENT Spellman moved. Pitney seconded, to adjourn the meetin at 8:05 P.M. RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY DECEMBER 4. 1990 COUNCIL CH ERS 5755 COUNT Y CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Chairman Schultz called the meeting to order at 7:30 and welcomed the new Planning Commission member Kirk ROLL CALL enberger.. Present: Planning Commission Chairman Schultz, Commiss oners Bongaards, Pitney. Benson and Rosenberger and Planner Nie Isen. Absent: Les 1 ie. Spe Ilman APPROVAL OF MINUTES Benson moved. Pitney seconded. to approve the Planning ommission minutes of Nov. 20. 1990. Motion carried - 4/1 (Rosenberger abstained) 7:30 PUBLIC HEARING - SETBACK VARIANCE APPLICANT LOCATION George Fox 4905 Sussex Place Planner Nielsen presented his recommendations. Mr. Fox built a gazebo on his property in violation of requirements and without a building permit. The gazebo extends 12 feet into the common area for the P.U.D. In a letter dated October 19. 1990. Mr. Fox requests a leave the structure in its current location. He also s was unaware that a building permit was required from th Shorewood. He felt it was only necessary to obtain the the Amesbury architectural review committee. Mr. Fox a committee are now aware they need to obtain building pe Shorewood. The covenants for the Amesbury P.U.D. allow some encroa the common area. The Planner and City Attorney ag-ree t with walls and a roof are not what was intended in the A variance can be granted if strict enforcement of the create "undue hardship". The code also states that eco conditions alone do not constitute hardship. Nielsen recommends that the variance be denied. Nielsen continued with an alternative solution to the p said many neighbors of Mr. Fox do not object to the gaz is an asset to the community. The covenants of Amesbur zoning requirements for the P.U.D. but the City must ap The Amesbury Board of Directors can amend the covenants setback variances and encroachment into the common area 1 ariance to ates that he City of approval of d the its from He bo and feel it establish the rove them. to consider Nielsen said . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY DECEMBER 4. 1990 COUNCIL CH 5755 CO PAGE 2 this will require 2/3 of the vote of the owners and may require the approval of the resident's lending institutions. GEORGE FOX ~ FORMER PRESIDENT AND BOARD MEMBER OF AMESB RY Mr. Fox thanked Nielsen, the Board of Directors and his neighbors for appearing at the meeting. Fox stated that he didn't know he had to obtain a build thought the approval of the architectural committee was said the gazebo is built off his deck which is part of structure of the house. He obtained a signed petition residents of Amesbury who do not object to the structur this is a problem that can be resolved within Amesbury. Fox said the Amesbury covenants are 20 years old and ha up to this point. However, the covenants can be amende of Directors is agreeable. He does not want to involve institutions. JEAN .EGAN -4790 REGENTS WALK ng permit; he sufficient. He he original rom 60 He said e worked well , if the Board the lending Regan said she would like to see Mr. Fox keep his gazeb The architectural committee is strict about it's requiremen s and she feels they should continue to control Amesbury's struct res. RICHARD NORDBY - 4950 SUSSEX Mr. Nordby does not want to see the Planning Commission take precedent over the Amesbury covenants. The Amesbu realize they must abide by the City building codes. Ho covenants give control over the common ground to Amesbu The City is now saying the covenants have ambiguities. there are no ambiguities, the control lies with the arc committee. Nordby said he does not want to see the Amesbury reside control over their common property. The Amesbury Boa.rd can step in and make the necessary decisions. He said Mr. Fox followed the Amesbury covenants; .don't them, they work. KAREN MAST - 4895 REGENTS WALK Mast is the Chairman of the Amesbury architectural comm said the committee approved Mr. Fox's gazebo in good fa not know about the building permit requirement. She wo each decision looked at on an individual basis and woul see the covenants changed. BRUCE HEIMER -4810 REGENTS WALK s decisions y residents ever, the y. Nordby said itectural lose Directors amper with ttee. She tho They did ld like to see not like to Heimer said when the Board of Directors took over the m nagement of Amesbury from McNulty Construction they improved the de elopment and have continued to do so. He would not like to see Mr. ox's gazebo removed. 2 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY DECEMBER 4. 1990 COUNCIL CH ERS 5755 COUNT Y CLUB ROAD PAGE 3 GENE ZAS - 4940 SUSSEX PLACE Zas said the gazebo is within the Covenants and is an e hancement. It should be allowed to remain. JIM MCNULTY - 4977 KENSINGTON Mr. McNulty's company built Amesbury. He said all resi ents own the common areas. He said there is a higher degree of revi w.before modifications are allowed to existing buildings; harder than the City, He said there is nothing to get a variance from. It is a matter of interpretation and the deed restrictions are not violat d. An amendment to the covenants would be cumbersome, expe sive and unnecessary. BRUCE SUTHERLAND Mr. Sutherland lives next door to Mr. Fox and said the azebo is a good addition, looks good and he has no complaints. Chairman Schultz closed the Public Hearing at 8:13 P.M. Commissioner Bongaards asked Nielsen what interest the this matter. ity has in Nielsen said the P.U.D. was originally allowed doubled nsity building in exchange for common open space. The development is n the center of an R-1A area. The City wants some parameters from Amesbury for the. co trol of the open space. Nielsen said the right way to do this is to amend the c venants. Schultz said the covenants listed the structures that c n encroach into the common area and gazebos are not listed. He said since the homeowners won't deal with this issue should. The City has to address more than Amesbury's i precedent would be set if this structure were allowed t KAREN MAST the City sues. A stand. Mast said the homeowners would rather deal with these i sues on an individual basis. Commissioner Pitney said the P.U.D and it's open space s what the residents bought into. Schultz said they can't change their minds now. MCNULTY units. space. explained that the original development was to have 177 Fewer residences were built, so there is actual y more open HEIMER said the issue will not occur again. The arc itectural committee now knows that building permits are required. . . . CITY OF SHOREWOOD PLANNING COMMISSION ..MEETING TUESDAY DECEMBER 4. 1990 COUNCIL CH BERS 5755 COUNT Y CLUB ROAD PAGE 4 Pitney asked Nielsen if the City is going to allow addi ional structures if the covenants are changed? Nielsen said this is the first decision to be made. Schultz said that. perhaps, all P.U.D. need to be revie ed. Commissioner Benson said the issue of gazebos is not un que. The Planning Commission has looked at 2-3 over the summer. Bongaards moved. Benson seconded. to recommend the City Council deny a variance for a gazebo for George Fox. However. the gaz bo may remain for a period of six months. while the Amesbury Board of Directors amends their protective covenants. Motion carried - 4/1 (Rosenberger abstained) Pitney said the City should remind other P.U.D Shorewood of the need for building permits. HEIMER asked Nielsen if he wanted the entire covenant a he make suggestions? Nielsen said he would make suggestions in two weeks; bu the entire covenant had to be changed. Would feel Schultz said Nielsen made recommendations to the Planni g Commission but the Commission and the Council make the final decis ons. Nielsen makes his recommendations based on what he knows the Co ission wants. Nielsen said the City Attorney would be at the Dec. lOt City Council meeting and he can discuss the issues with Mr. Fox's at orney. 7:45 PUBLIC HEARING - CONDITIONAL USE PERMIT - EXCESS AND ZONING ORDINANCE TEXT AMENDMENT APPLICANT: GREG ERICKSON LOCATION: 5290 HOWARDS POINT ROAD Nielsen presented his recommendations. Mr. Erickson proposes to demolish his existing residenc new home on the property. Upon the review of the plans that the amount of garage space proposed exceeds 1200 s requires a C.U.P. In addition, the proposed height of exceeds the 35 foot limitation imposed by the Code rela building height is measured. The applicant requests that the Zoning Ordinance provis to building height be amended. He cites a discrepancy Zoning Ordinance and the State Building Code. SPACE and build a it was found uare feet and he structure ive to how ons relative etween the The request for a C.U.P. for accessory space is recomme as explained in the Planner's memo. 1. The total areas of accessory space does not ex eed the floor area of the stories above grade. 2. The area of accessory space does not exceed 10 of the 4 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY DECEMBER 4. 1990 COUNCIL CH BERS 5755 COUNT Y CLUB ROAD PAGE 5 . minimum lot size for the R-1A district. 3. The new house will greatly exceed setback requ rements. RICHARD GROH - ARCHITECT Mr. Groh presented Mr. Erickson's reasons for requestin Amendment. He said the City is too restrictive in it's height requ firm has had problems building in Shorewood because of requirements and has made accommodations in the design. in the present situation, the aesthetics of the house w destroyed if the roof was lowered. He agrees with Niel side yard setback should be traded for the height restr TOM WARTMAN - BUILDER a Zoning Text rements . Hi s hese He said that uld be en that some ction. Mr. Wartman added that Mr. Erickson wants design of the house to remain as is. He also said the aesthetics of the house should be taken into consideration. The Publ ic Hearing was clos.ed at 9: 20 P.M. Pitney asked Groh what the house would look like if it ere lowered. Groh said the house would look squat, they have lowered it as much as they can. Wartman says the difference in height would be more at he peak. It would be 5 feet and would make the roof flat. . Schultz said he is opposed to tall buildings on is an imposition on the lake users. Nielsen said the City measures height from the lowest p point of the peak. The State Building Code measures fr the mid point. He looked at the height requirements fo surrounding communities and their requirements are simi some communities have larger setbacks. He suggests the change the way the height is measured. However, they c relating the lot size and setback to height. He said it int to the mid m the grade to the ar. However Commission not uld consider Benson asked if the building would be held up by their ecision Wartman said the bids are out and the developer would I ke to tear down the house and start building by mid January. Benson moved. Pitney seconded. to recommend C.U.P. for accessory space to Greg Erickson at Motion carried - 4/1 (Rosenberger abstained) ncil grant a rd's Point Rd. Benson said a swap or trade of side yard setback for he ght is difficult. Pitney said he would like to see the State Building Cod used for conformity but if a lot is larger, there could be some rovision. Wartman said it is hard to build within the existing co e. He would like to see the Commission face the issue. Schultz said the Planning Commission should look at the Ordinance for height restrictions. Council Liaison asked for the Commission's feeling. . 1:::- .J CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY DECEMBER 4. 1990 COUNCIL CH ERS 5755 COUNT Y CLUB ROAD PAGE 6 . The Commission said they would like to have time to con ider the Ordinance change. . . Commissioner Rosenberger asked what the DNR standards w reo Nielsen said the DNR will approve the LMCD standards wh ch are Shorewood's standards. Nielsen said a smaller lot size should have a smaller h use. There should be a relationship between lot size, height and t e size of the house. Benson moved. Bongaards seconded. to table the request or a Zoning Ordinance Amendment until the January meeting. Motion carried - 5/0. Wartman asked if there was' some way this request could Council for there feeling on the request. He would lik with the building. Stover said the Council will not take action until the Commission meets. MATTERS FROM THE FLOOR There were no matters from the floor. REPORTS e sent to the to proceed lanning Stover asked if everyone had met the new Commissioner R senberger. The Council had appointed him the previous evening. She also asked if the had received their invitations to the Appreciation Party. ADJOURNMENT Benson moved. Pitney seconded. to adjourn the meeting a 10:15 P.M. Motion carried - 5/0. RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary 6