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1995 planning minutes . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 3, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Borkon, Foust, Malam, Pisula, and Turgeon; Council Liaison Lewis; Planning Director Nielsen. APPROV AL OF MINUTES Pisula moved, Malam seconded to approve the minutes of the Commission's December 6, 1994 meeting. Motion passed 7/0. 1. 7:00 PUBLIC HEARING - BUILDING MOVING PERMIT AND C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET Applicant: Location: James Pennington 5860 Eureka Road Chair Rosenberger announced the case and referred to public hearing procedures.beariFlg. Nielsen reviewed James Pennington's request for a building moving permit and a conditional use permit for accessory space in excess of 1200 square feet. The applicant proposes to move in an accessory building which when combined with the area of an existing garage exceeds 1200 square feet. The site, occupied by a home and attached garage, contains more than 1 acre, is zoned R-IA, abuts single family homes on 3 sides with Freeman Park abutting the rear of the lot. The garage/storage building will bring the total area of accessory space on the site to 1462 square feet. The proposed building exists on the Land-De-Con Nursery site and will be dismantled and reconstructed on the applicant's property. Nielsen explained how the request complies with the Zoning Code and recommended the request for a conditional use permit be granted subject to: 1) reconstruction of the building must be according to the State Building Code and completed with 6 months of approval of a building permit, and 2) no home occupation may be conducted within an accessory building unless a separate conditional use permit is approved. Nielsen explained that the c.u.p. process addresses all public concerns received including two anonymous letters dated December 29 and 31, 1994. Mr. James Pennington stated he had previously constructed a small shed to house his family's accessories, but tore it down because of an anonymous complaint. He explained his intention to move and recycle the proposed building, constructed in 1988, to be used on his property only for storage of a boat and trailer, snowmobiles, etc. Rosenberger requested additional information regarding operation of home occupations. Nielsen explained two types of permits allowed under the zoning ordinance: 1) administrative for low-key office type operations, and 2) special home occupation permit for operations likely conducted in an accessory building which requires a conditional use permit. The City's remedies for violations include: require a permit, cease operations, or commence legal action. . . . PLANNING COMMISSION MINUTES January 3, 1995 - PAGE 2 Mr. Pennington accepted the conditions of the conditional use permit and reiterated that the building will be used for storage, not for a home occupation or business use. Chair Rosenberger opened and closed the public hearing at 7:12 p.m. there being no comments from the public. Turgeon inquired about the proposed location of the building. Pennington described its location on the overhead site map and reviewed construction of his home. Bean inquired whether another driveway will be required for access to the building. Pennington stated a permanent driveway would disrupt the wooded area and such a surface is not needed for his use. The Commissioners interposed no objections to the application and supported the staff recommendations. Pisula moved, Borkon seconded to recommend to the Council that it approve a moving permit and a conditional use permit for accessory space over 1200 square feet requested by James Pennington, 5860 Eureka Road, subject to the staff recommendations. Motion passed 7/0. The Council will consider the recommendation at its January 23, 1995 meeting. 2. 7:15 PUBLIC HEARING - VARIANCE TO THE SHORELAND DISTRICT HARDCOVER REGULATIONS/VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Applicant: Location: Gene Gopon 20645 Radisson Road Chair Rosenberger announced the case and outlined the procedures for a public hearing. Nielsen reviewed the staff analysis of the variance requests detailed in his December 27, 1994 memorandum. He described Mr. Gopon's proposal to significantly remodel the home located at 20645 Radisson Road including replacement of the entire second floor, construction of a 2 level addition on the east side and a second floor bedroom addition over the existing garage. Nielsen explained 5 ways in which the property does not currently comply with zoning requirements including setbacks and impervious surface. The proposal increases hard cover on the site although the applicant proposes replacement of a boardwalk with a sidewalk and removal of a small deck and patio. Using drawings provided by the applicant's architect, Nielsen detailed the extensive remodeling project proposed. In reviewing the issues related to this application, Nielsen noted the Code allows limited expansion provided expansion complies with current code requirements and does not increase the nonconformity. He recommended that because the garage is located 33.5' from the street right-of- way where the Code requires a 35' setback, the room addition over the garage be jogged back 1.5' or the existing garage be cut back 1.5' to comply with the Code. With respect to lot coverage, Nielsen described methods to decrease the nonconformity of the property, acknowledging that it is not likely that coverage can be reduced to meet the Shoreland regulations limit of 25%. Nielsen explained that the staff report assumes that the value of the second floor and roof are less than the first floor, foundation and garage. He stated that if the structure is destroyed to more than 50% of its value, it must be rebuilt completely in compliance with setback requirements, therefore any variance must be contingent upon preserving the first floor structure. Failure to preserve the first floor structure requires complete reconstruction entirely within the lot's buildable area. Subject to this stipulation and the following conditions, Nielsen recommended that the variance be granted: 1) bedroom addition over the garage must comply with the 35' setback requirement; 2) deck nearest the lake must be reduced to a 4' maximum width; 3) 8'x 8' deck near the lake must be removed; and 4) proposed sidewalk must be reduced to 4' in width. This recommendation allows the applicant to upgrade the property substantially and achieve closer compliance with zoning regulations. . . . PLANNING COMMISSION MINUTES January 3, 1995 - PAGE 3 Ms. JoEllen Hurr, architect for the applicant, stated acceptance of conditions 3) and 4) of the staff recommendation. Hurr explained that with respect to 2), while the 1983 survey did not show the steps to the lake (and other items), a previous owner who lived there 15 years ago confIrmed that the deck and steps did exist at the time he purchased the property. She requested a modifIcation to the recommendation to retain the deck for use as a landing area near the dock. She explained it is structurally better to build the room addition directly over the garage, stated the average setback is 35' if the garage would be parallel to the road, and a small triangle area causes the nonconformity. Hurr circulated photographs of other homes in the area pointing out that setbacks from Radisson Road are all similar. Chair Rosenberger opened the public hearing at 7:35 p.m. Donna Jordan, 20665 Radisson Road, explained a concern with respect to the deck at the bottom of the hill which appears to encroach onto her property and requested that clarifIcation be provided and the deck be removed. In addition, she stated that previous owners installed a boat lift and cover on the west side of the dock which appears to encroach into her yard. She requested removal or redesign of that encroachment to bring it into conformity. She requested removal of woodpiles and other materials left by previous owners. Another concern related to the stone retaining wall and Ms. Jordan inquired whether it will be removed. She stated many trees would be damaged by removal. John Hunner, 20625 Radisson Road, requested clarifIcation regarding the setback from the property lines. Chair Rosenberger closed the public hearing at 7:40 p.m. The Commissioners addressed the questions and concerns from the public. Nielsen stated that correction of lot lines based on an accurate survey may be made a condition of approval. He pointed out property owners are allowed to have properly placed wood piles and removal of other materials would be the responsibility of the property owner. Nielsen explained that docks are required to be erected 10' from the property line and any nonconformity should be brought into compliance and that lifts should be on the owner's property. Nielsen stated that the stone retaining wall is not recoIillnended for removal. With regard to setback requirements, Nielsen stated the ordinance requires a total sideyard setback of 30' with no one side being less than 10'. In this case, the east side establishes the minimum making the west side nonconforming. Nielsen stated the proposed remodeling will result in a larger home, described the extensive nature of the project, and reiterated that if the fIrst floor structure is destroyed to more than 50% of its value during the process, it must be rebuilt completely in compliance with setback requirements. Turgeon expressed concern that the proposed project increases nonconformity and inquired about the applicant's acceptance of jogging the room over the garage back by 1-112'. Mr. Gopon responded that the- only 1-1/2 feet of the comer is nonconforming, that from an appearance standpoint, it is preferred to bring the addition flush with the garage, and that a jog would result in loss of square footage area in the added bedroom. Foust inquired why the staff did not recommend removal of the other deck in the 75' setback area. Nielsen explained that in considering reduction of the hardcover on the site, that deck is nearest to conformity and probably of most value, therefore the focus was on other nonconforming aspects. He reviewed the Shoreland regulations relative to this proposal and indicated that erosion controls may be added as a condition of approval. Pisula pointed out that a 1-112' jog of the room addition still leaves signifIcant useable living space. Malam stated constructing the second floor room flush with the garage appeared acceptable since the garage already encroaches into the setback. He supported the staffs recommendations to reduce the hardcover surface on the site. Bean requested clarifIcation of the proposed remodeling of the fIrst floor. Installation of a ceiling includes raising the first floor walls and ceiling by 2'. Bean expressed concern regarding whether the project involves destruction of more than 50% of its value given the extensive nature of the remodeling of the fIrst floor. Nielsen reiterated that the staff used a liberal estimate as to the value . . . PLANNING COMMISSION MINUTES January 3, 1995 - PAGE 4 of the portion to be replaced versus that will remaining, and explained that determination is based on the existing structure not on the resulting structure. Nielsen described the methodology used to make the value determination. Borkon expressed concern regarding the setbacks and inquired how the completed project will look on the property in relationship to the adjoining homes. Nielsen stated the home will be within current height restrictions and used the architectural overlay drawings to describe the completed home. Borkon inquired what type of landscaping will be done where decks are removed. Gopon stated some type of ground cover will be placed. Borkon supported removal of the decaying wood piles and other materials on the site. Rosenberger agreed with Malam's assessment that construction of the second floor room flush with the garage is acceptable in conjunction with the recommended reduction of hardcover surface. Rosenberger agreed with concerns regarding the scope of the first floor remodeling and whether it involves destruction of more than 50% of its value. Nielsen explained that in the case of fIre destruction, determination assistance is provided by the assessor. The Commissioners discussed the issue and the details of the remodeling project and Nielsen responded to questions. Previous actions and positions relative to nonconformance as well as the overall improvement of the site were considered. Following discussion, with the exception of Rosenberger, the Commissioners agreed with the staff recommendations and with the addition of several conditions designed to correct encroachments and to provide for landscaping to replace required removal and reductions related to hardcover surface on the property. Rosenberger stated the second floor addition built flush with the garage did not increase the nonconformance therefore disagreed that it must comply with the 35' setback requirement. Borkon moved, Pisula seconded to recommend to the Council that it approve the request of Gene Gopon for a variance to expand a nonconforming structure and a variance to hard surface requirements at 20645 Radisson Road, subject to the staff recommendations 1-4 contained in Nielsen's 12-27-94 memorandum, with additional conditions that: the deck on the west side of the property be moved back to alleviate the encroachment that reportedly exists so it will be in line with the stairway; the dock and boat lift maintain the required setback as extended from the shoreline; the first level existing walls remain standing; and that suitable erosion prevention and landscaping be provided. Motion passed 6/1. Rosenberger voted nay. The Council will consider the recommendation at its January 23, 1995 meeting. Chair Rosenberger recessed the meeting at 8:30 p.m. and reconvened at 8:40 p.m. 3. ZONING ORDINANCE DISCUSSION - SWIMMING POOL FENCE REQUIREMENTS - POSTPONED 4. NOMINATIONS FOR PLANNING COMMISSION CHAIR AND CO- CHAIR Malam moved, Rosenberger seconded to appoint Commissioner Borkon to the position of Planning Commission Chair and Commissioner Pisula to the position of Co-Chair for 1995. Motion passed unanimously. Borkon assumed the position of Commission Chair at this point in the meeting. 5. STUDY SESSION - Comprehensive Plan - Natural Resources Chapter Nielsen explained that a short period of video taping of this portion of the meeting will be used in developing materials for use during the neighborhood meetings. . . .. PLANNING COMMISSION MINUTES January 3, 1995 - PAGE 5 Chair Borkon directed the Commissioners attention to the Natural Resources Chapter of the Comprehensive Plan dated 10/94. The Commissioners made minor editorial changes to the Natural Resources Objectives, Issues, and Policies sections which have been previously discussed and reviewed for final format. The Commissioners read and reviewed line by line the 5-page Natural Resources Plan dated 12/94. Changes were made, following extensive discussion in some instances, to reflect the Commissioners collective position to update the Natural Resources Plan which covers Soils, Slopes, Tree Preservation and Reforestation, Wetlands, Surface Water Quality, Shorelands and Flood Plains, and Air and Noise Pollution. The Commission will meet in a joint session with the Council following the Council meeting on Monday, January 9, 1995, to consider the Comprehensive Plan Updates. - Neighborhood Meeting Strategy Nielsen proposed four dates (January 30-31 and February 6-7) for the comprehensive plan update neighborhood meetings, reviewed the presentation format, and outlined the Commissioners' roles. The Commissioners supported Nielsen's suggestions. 6. MATTERS FROM THE FLOOR Bean requested the Commissioners' perspective on a matter to be considered by the Council regarding clarification of allowable use of a bank site at the Waterford Shopping Center in response to a bank construction proposal for the Waterford commercial development. The Commissioners acknowledged with appreciation the service of Commissioner Rosenberger as Chair of the Commission during 1994; Councilmember Dan Lewis' service as liaison to the Commission during 1994; and the service of Commissioners Bean and Malam on the Commission, who will take their elected positions as Mayor and Councilmember respectively, at the January 9, 1995 Council meeting. During 1995, Commissioners Pisula and Turgeon will serve as co-liaisons to the Council; Turgeon will serve as liaison to the Park Commission; and Rosenberger will serve as intergovernmental liaison. 7. REPORTS Council Liaison Lewis reported on discussions and actions taken by the Council at its December 12 and 19, 1994 meetings and answered Commissioners' questions. 8. ADJOURNMENT Rosenberger moved, Turgeon seconded to adjourn the meeting at 11:40 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial Note: Corrections to Planning Commission Minutes made at subsequent meetings are shown as strikeouts (deletions) and italics (additions). . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 7, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 8:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 8: 10 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Pisula, Rosenberger, and Turgeon; Council Liaison Benson; Planning Director Nielsen. APPROVAL OF MINUTES Pisula moved, Turgeon seconded to approve the January 3, 1995 Commission meeting minutes with deletion of the word "hearing" at the end of the sentence in paragraph 4, page 1; deletion of first "the" in line 3, paragraph 7, page 3; and correction of the second to the last sentence in paragraph 8, beginning on page 3, continuing to page 4, to read: "Nielsen reiterated that the staff used a liberal estimate...to be replaced versus that remainin2 and explained..." Motion passed 5/0. (Correction underlined.) 1. 8:00 PUBLIC HEARING - SETBACK V ARIANCE, VARIANCE TO EXPAND A NONCONFORMING STRUCTURE AND HEIGHT VARIANCE Ap.plicant: Location: Richard Kowalsky 5740 Christmas Lake Point Chair Borkon announced the case. Nielsen reported that Mr. Kowalsky requested that action on his application be tabled in order that additional information on issues raised in the February 1, 1995 staff report may be provided to the staff and Commission. Nielsen reviewed the applicant's proposal to build a 2-car detached garage and to add on to his home at 5740 Christmas Lake Point. Because the house and property do not comply with current zoning requirements in seve~al ways, the proposed work requires several variances. In fact, Nielsen pointed out that the narrowness of the lot and the required setbacks result in a very small buildable area, consequently anything done to the property requires a variance. Nielsen described the additions proposed to the home and changes to the deck systems as detailed in the 02-01-95 staff report. Excluding decks, the house will be enlarged from 2513 to 3648 square feet. Nielsen noted that in 1992, the applicant was granted variances for a remodeling project which was subsequently rejected by the applicant because of cost and dissatisfaction with the design. Using a model provided by the applicant, Nielsen reviewed how the elements of the applicant's plan conform to variance criteria, including the provision allowing use of an "average setback" in certain circumstances, and described staff recommendations associated with the screen porch, the loft, and lot hardcover (detailed in the 02-01-95 staff report). Nielsen recommended approval of the variances to build the garage and the bedroom addition as proposed, that the screen porch and room beneath it and the loft level be deleted, and construction of a screen porch on the southerly deck behind the average setback line be considered favorably. This recommendation recognizes that smaller substandard lots do not support large structures and use of the average setback recognizes the character of the existing neighborhood and allows the . . . PLANNING COMMISSION MINUTES February 7, 1995 - PAGE 2 applicant to make reasonable use of the property. Additional information to be provided by the applicant will determine the "average setback." Mr. Richard Kowalsky stated Nielsen's presentation depicted his application and related issues fairly. He stated the house is obscured on the heavily wooded site as shown on the model. Kowalsky requested that consideration of the application be tabled in order that additional design work may be completed to address the staff issues. Chair Borkon opened and closed the public hearing at 8:35 p.m., there being no comments from the public and acknowledged receipt of letters from John and Bev Koepcke and James and Carolyn Peterson supporting approval of the application. Nielsen referred to an additional letter received, but not yet circulated to the Commissioners. The Commissioners considered the application. Foust inquired whether a variance to exceed 2 stories has been granted in the past. Nielsen stated that none have been granted during his employment and explained the provisions of the ordinance relating to stories allowed to be built. Foust requested code clarification that recognizes the uniqueness and character of the lot. Nielsen reviewed the considerations pertaining to uniqueness of the lot acceptable under the code. Foust noted the topography of the lot tends to minimize the height of the proposed additions. Turgeon complimented the applicant on the proposed remodeling plans including retention of trees and vegetation. She inquired whether conditions imposed on the variance granted in 1992 may be applicable to this request. Nielsen explained that additional landscaping may be required and stated that the previous application involved considerable excavation, whereas this did not. Rosenberger requested further information as to why the applicant did not proceed with the project as previously approved. Kowalsky stated the reasons the project was not begun included dissatisfaction with the design and the need for manual excavation made it financially unacceptable. Nielsen reiterated that additional information from the applicant will further detail the need for fill and further landscaping. Pisula complimented the applicant on the project and stated he would not favor acceptance of the fourth story (loft). Borkon agreed that the loft is a concern. Turgeon and Borkon indicated additional information on the screened porch plans is needed. Rosenberger moved, Turgeon seconded to table to March 7, 1995, consideration of the application of Richard Kowalsky for setback variances, variance to expand a nonconforming structure, and height variance, at 5740 Christmas Lake Point. Motion passed 5/0. 2. 8:15 PUBLIC HEARING - C.U.P. TO CONSTRUCT A SINGLE-FAMILY DWELLING ON A SUBSTANDARD LOT IN THE SHORELAND DISTRICT Applicant: Location: John Hannigan 4370 Enchanted Point Chair Borkon announced the case. Nielsen reviewed Mr. Hannigan's application for a conditional use permit to build a single-family residence on property located at 4370 Enchanted Point (detailed in Nielsen's 02-05-95 staff report). A C.U.P. is required because the lot which is triangular in shape does not conform with requirements of the R-1C/S zoning district in which it is located. The property contains 18,347 square feet of area fronting on Enchanted Point and Enchanted Lane. Nielsen described how the property complies with criteria for determining whether or not a substandard lot is buildable. Based on staff analysis, Nielsen recommended approval of the applicant's request for a conditional use permit to construct the single family residence. Mr. John Hannigan, the applicant, was not present at the meeting. . . . PLANNING COMMISSION MINUTES February 7, 1995 - PAGE 3 Chair Borkon opened and closed the public hearing at 8:45 p.m. there being no comments from the public. Rosenberger moved, Pisula seconded to recommend to the Council that it approve the request of John Hannigan for a conditional use permit to build on a substandard shore land lot at 4370 Enchanted Point, subject to the staff recommendations. Motion passed 5/0. The Council will consider the recommendation at its February 27, 1995 meeting. 3. 8:30 PUBLIC HEARING - CONSIDER ZONING CODE AMENDMENT REGARDING SWIMMING POOL FENCE REQUIREMENTS Turgeon moved, Rosenberger seconded to table to March 7, 1995 consideration of a zoning code amendment regarding swimming pool fence requirements. Motion passed 5/0. The Commissioners considered a suggestion that residents adjacent to nonconforming properties be mailed a notice advising them of the public hearing on the ordinance amendment. Rosenberger moved, Turgeon seconded to approve sending notification of the 03- 07-95 public hearing on the zoning code amendment regarding swimming pool fence requirements to property owners adjacent to properties identified as nonconforming to the current code. Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None. REPORTS 5. Council Liaison Benson expressed appreciation to the Commission for its work on the Comprehensive Plan update and the successful public presentations at meetings held recently at City Hall. Commissioners interested in attending the Institute of Planners classes offered this spring should complete a registration form. Foust reported on the Minnesota Association of Cable Television Administrators' meeting he attended recently as Shorewood's representative. A public hearing on the Comprehensive Plan update will be conducted at the Commission's next meeting on February 21, 1995 at the Minnewashta Elementary School. 6. ADJOURNMENT Turgeon moved, Rosenberger seconded to adjourn the meeting at 9:10 p.m. Motion passed 5/0. Following the meeting, the Commissioners extensively reviewed residents' comment sheets regarding the proposed updates to the Comprehensive Plan as presented at meetings at City Hall on January 30-31 and February 6-7, 1995. (This informal session began at 9:15 and concluded at 10:50 p.m.). RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, FEBRUARY 21, 1995 MINNEWASHTA SCHOOL 26350 SMITHTOWN ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Pi suI a, Rosenberger, and Turgeon; Council Liaison Benson; Planning Director Nielsen; Mayor Bean; Councilmember Malam; City Administrator Hurm and City Engineer Dresel. APPROV AL OF MINUTES Turgeon moved, Rosenberger seconded to approve the February 7, 1995 Commission meeting minutes. Motion passed 5/0. 1. 7 :00 PUBLIC HEARING . CONSIDER PROPOSED UPDATE OF THE COMPREHENSIVE PLAN Chair Borkon introduced the City staff and officials present and outlined the procedures for a . public hearing. Nielsen stated that over the past 2 years, extensive time and effort of City staff and officials including study, research, and discussion, preparation of a cable television presentation and the open house neighborhood meetings at City Hall, has culminated in an Updated Comprehensive Plan for the City of Shorewood. The Plan was last updated in 1980. Nielsen reviewed the steps in the comprehensive planning process and stated the newly adopted Plan will be subsequently reviewed annually. Nielsen reviewed the goals of each of the 4 Chapters of the Plan - Natural Resources, Land Use, Transportation, and Community Facilities and Services - and summarized the recommended objectives and policies of each Chapter. Chair Borkon explained the Planning Commission's function. She stated that the Commission will meet on February 23 to consider modifications to the updated Comprehensive Plan based on the public's input and will make its recommendation to the City Council with respect to adoption of the updated Comprehensive Plan. Chair Borkon opened the public hearing at 7:50 p.m. and reiterated the procedures. Mr. Bob Rau, 23980 Yellowstone Trail, presented a petition signed by 115 residents of the Yellowstone Trail, Country Club Road, and Lake Linden Drive neighborhood, requesting that the City reconsider designating these streets as a collector thoroughfare. Mr. Rau suggested that alternatives to reduce traffic such as one-way roads be considered rather than widening the roads to increase traffic. . Chair Borkon accepted the Homeowners' Petition to City Council and Planning Commission, City of Shorewood, dated February 12, 1995, from Mr. Rau and read the petition out loud. PLANNING COMMISSION MINUTES February 21, 1995 - PAGE 2 . Mr. Bob Zambreno, 120 West Point Circle, Tonka Bay, representing the area snowmobile association, displayed a map. of the snowmobile trails that are maintained by the association including 1.3 miles in Shorewood which allows snowmobile access to Lake Minnetonka. Rau stated Shorewood has an obligation to its neighboring cities to allow use of that section since it is a key element to the system. He pointed out that the snowmobile season is only 2-1/2 months, few problems exist, and the association addresses problems that arise. Mr. Dana George, 25295 Smithtown Road, opposed the prohibition of recreational snowmobiling and stated the snow patrol has been effective in decreasing the number of snowmobile-related problems/complaints. Ms. Diane George, 25295 Smithtown Road, reiterated concern that snowmobile use may be prohibited and related its recreational value to that of boating. Mr. Kevin Stern, 26885 Beverly Drive, and Mr. Dan Puzak, 23830 Smithtown Road, opposed banning use of snowmobiles in Shorewood, reiterated that violations have decreased and are dealt with by the patrol, rules and regulations are enforced, and the association has benefitted all users of the trail system in Shorewood. . Mr. Gene Dahl, 5845 Country Club Road, and Mr. Mark Stratman, 24275 Yellowstone, expressed opposition to collector designation of Yellowstone Trail, Country Club Road, and Lake Linden Drive because of increased use of the streets for cut-through traffic from adjacent communities and safety concern in a residential neighborhood. Mr. Dahl stated a dislike for snowmobiles but acknowledged the recreational aspect. Mr. Stratman inquired about plans for the Minnetonka Country Club, whether residents will have the opportunity to vote for the Comprehensive Plan, whether the City's goal is to develop 100% of its available land and if so, why. Ms. Renee Foster, 5595 Eureka Road, expressed concern regarding the proposal for City water and water tower and stated the majority of residents do not want it and those with wells do not want to pay for it. She inquired why the Boulder Bridge system was not built to accommodate future development in the area. Ms. Foster stated she cannot use the trail system during the winter because of the danger caused by reckless snowmobilers. Mr. Duane Laurila, 5595 Eureka Road, expressed concern regarding the MSA designation of Eureka/Birch Bluff Roads, acknowledged that street upgrades are part of the integrity of the City, but additional maintenance is required and additional problems such as water run-off are created. He suggested plans be studied carefully to maintain Shorewood's residential status. Mr. Austin Kraft, 6125 Rampart Court, reiterated increased traffic and safety concerns if the Yellowstone Trail, et.al. streets are widened, stated residents do not want the character of the neighborhood changed, and suggested that traffic should be minimized. He stated that Badger Park needs upgrading. . Ms. Ingrid Schaff, 25605 Smithtown Road, thanked the Commission, Council and staff for the work completed on the Comprehensive Plan update. She inquired about the proposed water system, dry line installation, the level of developer participation, and assessment and hookup policies and timing. Ms. Schaff commented on the corridor study as it relates to improvements to County Road 19. Ms. Schaff inquired about responsibility for drainage changes. . . . PLANNING COMMISSION MINUTES February 21, 1995 - PAGE 3 Mr. Bob Gagne, 24850 Amlee Road, supported construction of a water tower on the west side of the City and supported affordable housing in the city for Shorewood's senior residents. Mr. George Harrison, 24710 Amlee Road, supported prohibiting snowmobiles on the Shorewood portion of the trail system. Additional comments were heard from the residents listed above who supported snowmobile use as well as those who supported its prohibition in Shorewood. Chair Borkon closed the public hearing at 8:50 p.m. The Chair recessed the meeting at 8:50 p.m., and reconvened at 8:55 p.m. The Commissioners and staff addressed the questions and concerns related to the Comprehensive Plan which were posed by the residents during the public hearing. 2. MATTERS FROM THE FLOOR - None. 3. REPORTS - None. 4. ADJOURNMENT Rosenberger moved, Pisula seconded to adjourn the meeting at 9:30 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial NOTE: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeouts for deletions. .., pf~. ~/~l (q,s IF YOU PLAN TO SPEAK, PLEASE FILL IJ THE INFORMATION BELOW C0 ADDRESS AGENDA ITEM Sf'J~ W .4.0. ~ i ~ EJV t;: -r;r.A-i6. -CA~ -. I . I , ~ IF YOU PLAN TO SPEAK, PLEASE FILL IN THE INFORMATION BELOW ~y,- ~-t~c:c..~ ADDRESS AGENDA ITEM - <( u-.~+t"V--c..4 -r~~<- (eor-cct.c.\f ! ()cJ.u.- /I l{ 7-.1. <\. "lLkcu..r ~ ~6J.Q.... ~h l"c 1-4'10/ ~~ I NJ {' ;-fed' pert &,/ / "'-e Iv~ /1"2 () . ~ ~ IF YOU PLAN TO SPEAK, PLEASE FILL IN THE INFORMATION BELOW E ADDRESS ~ ~11J) '21) 'Z ci L) JoS '~O ~' --e AGENDA ITEM . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING THURSDA Y, FEBRUARY 23, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7 :05 p.m. ROLL CALL Present: Chair Borkon; Commissioners Pisula, Rosenberger, and Turgeon; Council Liaison Benson; Planning Director Nielsen. Councilmember McCarty attended a portion of the meeting. Absent: Commissioner Foust. APPROVAL OF MINUTES - None. 1. DISCUSS COMPREHENSIVE PLAN UPDATE Nielsen explained that the development moratorium is scheduled to expire on March 1, 1995. The Commission is to consider a recommendation to the Council as to whether the moratorium should be allowed to lapse or be extended. Nielsen stated that no significant changes to the updated Comprehensive Plan that affect the moratorium resulted from the neighborhood meetings or the public hearing. Therefore, Nielsen recommended that the moratorium be allowed to expire as scheduled on March 1. Nielsen reviewed elements of the updated Comprehensive Plan that relate to proposed developments affected by the moratorium and other unrelated elements. These include in the Natural Resources Chapter: wetlands setbacks and reforestation/tree preservation; in the Land Use Chapter: future status of the Country Club, lake access, minimum PUD lot size; in the Transportation Chapter: elimination of the Waterford Trail from the Trail Plan, further study of Country Club Road, Yellowstone Trail, and Lake Linden Road. Nielsen stated the Updated Comprehensive Plan, when approved by the Council, is a legal document for use in conducting the business of the City. . In study session format, the Commissioners considered extensively the elements related to proposed developments in the City. With respect to the wetlands setback issue, the majority of the Commissioners agreed that it is acceptable to review the pending development proposals based on an outline of guidelines designed to enhance protection of the wetlands and to concurrently refine the guidelines into an ordinance to regulate development adjacent to designated wetlands. Of particular concern to the majority was the effect of a prolonged development moratorium on the City's long range goals and objectives. The minority opinion was articulated by Rosenberger. He strongly preferred that applicable ordinances be enacted before any further consideration is given to the pending developments so that rules are clearly defined, justified, and administrable. Turgeon moved, Pisula seconded to recommend to the Council that the development moratorium be allowed to lapse as scheduled with the understanding that the development requests will be reviewed based upon the recommendations of the updated Comprehensive Plan. Motion passed 3/1. Rosenberger voted nay. PLANNING COMMISSION MINUTES February 23, 1995 - PAGE 2 . The Council will consider the recommendation at its February 27, 1995 meeting. 2. MATTERS FROM THE FLOOR. None. 3. REPORTS Nielsen reviewed the agendas of future meetings of the Commission. Pisula briefly reported on a Planners' Institute class he attended and indicated a written report will be distributed. 4. ADJOURNMENT Pisula moved, Rosenberger seconded to adjourn the meeting at 9:30 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial . . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, MARCH 7, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:08 p.m. ROLL CALL Present: Chair Borkon; Commissioners Pisula, Rosenberger, and Turgeon; Planning Director Nielsen. Absent: Commissioner Foust. APPROVAL OF MINUTES Turgeon moved, Pisula seconded to approve the February 21, 1995 Commission meeting minutes with the addition of Tonka Bay to the address of Mr. Bob Zambreno, line 1, paragraph 1, page 2. Motion passed 4/0. (Addition underscored.) Turgeon moved, Pisula seconded to approve the February 23, 1995 Commission meeting minutes. Motion passed 4/0. 1. 7:00 PUBLIC HEARING AMENDMENT TO ZONING CODE REGULATING SWIMMING POOL FENCE ENCLOSURES Chair Borkon announced the case and outlined the procedures for a public hearing. Nielsen stated this hearing was tabled at the Commission's February 7 meeting so residents adjacent to nonconforming properties could be notified of the proposed ordinance amendment regarding swimming pool fence requirements. Nielsen explained that concern regarding nonconforming swimming pool fences originated from a resident in October 1994 and the matter was subsequently referred to the Commission by the CounciL The proposed amendment requires all swimming pools which existed prior to July 1, 1985, but do not comply with current fence requirements, to be brought into conformance when the property on which the swimming pool is located changes ownership. Notice of the conformity requirement will be recorded on all parcels of land on which nonconforming fences are located. Nielsen acknowledged receipt of residents' letters regarding the proposed zoning code amendment. Chair Borkon opened the public hearing at 7:15 p.m. Karen Zubert, 5320 Elmridge Circle, stated that she lives adjacent to property with a nonconforming pooL She opposed the amendment because construction of a fence would cut off the view and would have to be placed at the property line right up to the lake. She stated the neighbor's pool is 500' from the street and that a fence would lower property values. Zubert stated covenants preclude fences in her development and garden fence on her property keeps children from the nonconforming property. She questioned why the issue is being raised at this time when affected residents are not concerned about the nonconforming pools. . . . PLANNING COMMISSION MINUTES March 7,1995 - PAGE 2 Ellen Raisbeck, 26640 Edgewood Road, stated the amenities of the home including the pool were contributing reasons for purchase of the home. Three years ago some pool patio work was completed and at that time they were told their nonfenced pool was grandfathered and would not require fencing. Installation of fencing at this time would be costly, would impede the view and therefore decrease the value of their home. A hedge on either side of the home delineates the yard and creates a barrier to access to the pooL For the reasons stated, Raisbeck opposed the ordinance and asked the Commission to consider the inconvenience it would place upon the homeowners. Dean Akins, 27720 Island View Road, explained that his entire property is fenced up to the lake and inquired whether that would meet the new Code even though the fencing does not include the lake side. He pointed out that fencing the lake side would be undesirable. Chair Borkon closed the public hearing at 7:25 p.m. The Commissioners and Nielsen addressed the questions raised during the public hearing. Nielsen stated that the City's rules are based on DNR regulations and that in general the City's ordinances supersede private covenants. Nielsen explained the City does not currently allow fences down to the lake, but that a case by case review could be conducted. The Commissioners considered the public comments and discussed the proposed ordinance. While sympathizing with aesthetic concerns, Turgeon stated that in her view, the concern for safety must prevaiL She pointed out that the original 1979 ordinance intended that all nonconforming properties would eventually be brought into conformance and this amendment stipulates the time of conformance. Turgeon concluded that after extensive discussion among the Commissioners, she supported the proposed ordinance as an acceptable compromise to bring nonconforming pools into compliance. Rosenberger stated that he did not support the ordinance and pointed out that aesthetic interpretations may differ and the cost of a fence is insignificant when compared to a child's life. Nonetheless, Rosenberger stated safety is the personal responsibility of pool owners and of parents to properly instruct and care for children, and pool fencing may create a false sense of . security. In addition, Rosenberger stated the compromise amendment could result in uneven enforcement because of the unknown period of time in which conformance will actually take place. Pisula agreed that personal responsibility is important. He pointed out, however, that while it is difficult to correlate to Shorewood, statistics show that without fences, more toddler drownings occur. Furthermore, he stated it is incumbent upon individuals, including public officials, to take steps to make legally defined attractive nuisances such as swimming pools as safe as possible as provided by the City's original swimming pool fence ordinance. Pi suI a stated that although he preferred that nonconforming pools be brought into immediate conformance, he agreed the proposed compromise is workable. Borkon agreed with the assessment of the issue articulated by Turgeon and Pisula and supported adoption of the proposed compromise ordinance. She acknowledged that lakes may be considered attractive nuisances, but consideration of fencing lakes is inane. Pisula moved, Turgeon seconded to recommend to the Council that it adopt the ordinance requiring all nonconforming swimming pools to be brought into conformance with fencing regulations upon change of ownership of the property on which the pool is located. Motion passed 3/1. Rosenberger voted nay. The Council will consider the recommendation at its March 27, 1995 meeting. PLANNING COMMISSION MINUTES March 7,1995 - PAGE 3 2. 7:15 PUBLIC HEARING - C.U.P./P.U.D. FOR SHARED DRIVEW A Y ACCESSES AND HARDCOVER RATIOS . Applicant: Location: Corky Elsen 5290 and 5300 Howards Point Road Chair Borkon announced the case and reviewed the procedures for a public hearing. Nielsen reviewed the background to Mr. Elsen's P.U.D application. The permit for the applicant's recently completed home was based upon an approved site plan that conformed to Shorewood's zoning requirements for the R-INS district and included a driveway with a T turn-around. As part of the final inspection of the home, it was discovered that the driveway had been enlarged to loop back to the street and patios were added on the lake side of the house that were not shown on the approved plan. This results in 2 zoning violations: 1) too many driveways for the amount of street frontage and 2) excess hard cover area-approximately 35% rather than 25%. Nielsen detailed the violations ofthe Zoning Code (memorandum dated March 1, 1995.) To occupy the home, the applicant signed an escrow agreement to correct the violations. However, Mr. Elsen wishes to explore alternatives to removing the excess driveway and hard cover. To comply with the intent of the zoning code, the applicant proposes to record a protective covenant to limit the vacant lot he owns to the south of the subject property to 1 driveway and 7468 square feet of hard cover area. To accomplish this plan to swap the rights of the 2 properties, Elsen proposes a limited P.D.D. for which he has requested a conditional use permit. . Nielsen stated the request stretches the use of planned unit development. Other alternatives considered were a poorly designed resubdivision of the 2 lots and a non-qualifying variance request. Nielsen recommended that if a transfer of development rights is considered reasonable, concept and development stage approval for the P.U.D. be granted. Final plan approval should include a revised hard cover calculation based on changing landscape plastic to fabric and the protective covenants should be amended to include the City as a signatory. Mr. Elsen, the applicant, stated that Nielsen's presentation accurately reflected the application. He indicated preference for the circular driveway and noted that questions may be directed to Mr. Jim Parker, surveyor. Chair Borkon opened and closed the public hearing at 7:55 p.m., there being no comments from the public. The Commissioners considered the application. Rosenberger requested clarification as to how this situation occurred. Nielsen stated that apparently after construction approval was granted based on the site plan provided, the applicant changed his mind and made the changes resulting in violations. Rosenberger stated disregard of the carefully studied and approved original application from Mr. Elsen troubled him greatly. . Turgeon expressed concern that hardcover is at 36% while the original plan kept hard cover at an acceptable 22%. Furthermore, she stated that 17% hardcover proposed for the southerly lot is unrealistic. She stated the proposal is poor use of the P.U.D. planning tool and approval would set a problematic precedent and discredit the credibility of the P.U.D. concept. Pisula stated that while the application may technically be considered under the P.U.D. tool, it is a bastardization of the process to accommodate a change of mind. He stated he cannot support approval of the proposed P.U.D. because the original approved application included a variance, violations were caused by the applicant, and the City should not compromise its regulations to accommodate problems created by the applicant. . . . PLANNING COMMISSION MINUTES March 7, 1995 - PAGE 4 Borkon stated she could not support approval of the application because using the P.U.D. to correct violations is inappropriate use of the tool. Turgeon moved, Rosenberger seconded to recommend to the Council that it deny the request of Mr. Corky Elsen, 5290 Howard's Point Road, for a conditional use permit for a planned unit development (P.U.D.). Motion passed 4/0. The Council will consider the recommendation at its March 27, 1995 meeting. 3. 7:30 PUBLIC HEARING - BIRCH BLUFF LAKEVIEW ADDITION - PRELIMINARY PLAT AND SETBACK VARIANCE Applicant: Location: Brian Fredrickson 26115 Birch Bluff Road Chair Borkon announced the case and reviewed the procedures for a public hearing. Nielsen reviewed the applicant's request for a preliminary plat to divide his property at 26115 Birch Bluff Road into 2 lots. The property, zoned R -1 C, contains 68,118 square feet of area, is low on both the north and south ends and rises approximately 20' in the center. An existing home on the property is accessed by a private road on the east side of the site which is located in the right-of-way of Third Street, an unbuilt platted street. At the direction of staff, the applicant proposes to dedicate an additional 12.5' of right-of-way to increase the width of Third Street and an additional 12.5' from the east side of the street will ultimately bring it into standard street width compliance. The proposed right-of-way dedication results in the existing house being too close to Third Street by 5' for which the applicant requests a variance. Nielsen reviewed the issues including Third Street, Lot Size, and Grading, Drainage and Utilities related to this application (detailed in memorandum dated March 4, 1995). Based on staff analysis, Nielsen recommended that the following items be resolved as part of the final plat: 1) Lot 1 should be enlarged as recommended, 2) Grading, drainage and utilities should be subject to review and approval by the City Engineer, and the Engineer should address the drainage issues raised by nearby residents, 3) One sewer connection charge and one park dedication fee must be paid, and 4) A final plat must be submitted with 6 months of Council approval of the preliminary plat. Mr. Brian Fredrickson, the applicant, stated that with respect to the lot size recommendation made by Nielsen, other alternative solutions are available, and requested that he not be bound by the staff recommendation. He indicated willingness to work with the City Engineer and neighbors to resolve the drainage issues in the area. Chair Borkon opened the public hearing at 8: 15 p.m. and acknowledged receipt of letters from Messrs. Newburg and Meloche regarding this application. Michael Newburg, 26045 Birch Bluff Road, stated his property is located to the east of the subject property and is the lowest lot in the area. He did not oppose Mr. Fredrickson's application, but expressed concern regarding the drainage problem in the area that has existed for years. Newburg inquired whether the drainage studies recommended would include effects on drainage from and to his property. He stated that as the area has been developed, each new home built on the south side of Birch Bluff adds run-off to his property and expressed concern that the overall drainage situation in the area has not been addressed over the past years. Nielsen explained that the amount of additional run-off created by a home, driveway, etc. on a single family lot will be taken into consideration and the applicant's lot will be adjusted to hold that PLANNING COMMISSION MINUTES March 7,1995 - PAGE 5 . amount of water. While this will not fix the existing problem in the area, it would not add to the problem. Leo C. Meloche, 26120 Birch Bluff Road, stated a severe water drainage problem exists in the area, is worsening, and he opposes anything that would aggravate the problem. Chair Borkon closed the public hearing at 8:20 p.m. The Commissioners considered the application. Discussion centered on the drainage issues in the area including availability of limited City funds and other funding sources for study of the problem and effects of alternatives for use of the buildable area on the lots, and quality of water run-off. The Commissioners concluded that a study of the entire area's drainage problems should be undertaken. In addition, the Commissioners requested the applicant to provide information on the final proposed house location on the property and site stormwater calculations prior to any further consideration and action by the Commission. Rosenberger moved, Pisula seconded to recommend that the City Engineer provide an overview of the stormwater management system for the sub-watershed district in the area north of the property at 26115 Birch Bluff Road. Motion passed 4/0. Rosenberger moved, Turgeon seconded to table to March 21, 1995, consideration of the request of Brian Fredrickson for a preliminary plat, Birch Bluff Lakeview Addition, 26115 Birch Bluff Road. Motion passed 4/0. . Chair Borkon recessed the meeting at 8:45 p.m. and reconvened at 9:00 p.m. 4. 7:45 PUBLIC HEARING - C.U.P. FOR SENIOR COMMUNITY CENTER Applicant: Location: City of Shorewood 5745 Country Club Road . Chair Borkon announced the case and reviewed the procedures for a public hearing. Nielsen reviewed the background to the South Shore Senior Community Center proposed to be constructed on the City HalllBadger Field site as a joint effort among Shorewood, Excelsior, Tonka Bay and Greenwood. TSP/EOS Architects, representing the City of Shorewood, submitted detailed site, landscaping and building plans for a 7400 square foot, single-story building at 5755 Country Club Road on the R-2A zoned portion of the City property. The proposed facility and its related parking area are set into the northeast comer of the Badger Field property. Current zoning regulations require the project to be processed as a conditional use permit. In addition to the existing park facilities, site constraints include the drainageway on the east side of the facility, steep slopes adjacent to County Road 19, and poor soils on most ofthe lO-acre Badger property. Nielsen reviewed how the proposal complies with the requirements of the Zoning Code as detailed in his memorandum dated March 5, 1995. In general, all setback requirements are met, landscaping, parking and loading space are adequate, and the proposed use complies with the general requirements for granting a conditional use permit. Sanitary and storm sewer, water, gas, and electrical utility connections are conveniently accessible. Access to parking and the facility from the northeast comer of the City Hall parking lot while not ideal, is safer than attempting access from County Road 19. Alternatives are being considered for turn-around room for emergency vehicles. . . . PLANNING COMMISSION MINUTES March 7,1995 - PAGE 6 Nielsen stated that subsequent to making application for the C.U.P., the architect submitted an alternative site sketch for the City's consideration. While this plan results in a more efficient overall City Hall complex, it significantly impacts the park use of the property and requires additional soil borings due to anticipated poor soil conditions. Nielsen recommended that the C.U.P. be granted as proposed, however, the City should remain open to reviewing a detailed plan based upon the alternative site sketch submitted by the architect. Mr. Rick Wessling, representing TSP/EOS Architects, described the plans for the project noting that materials and design are sensitive to the residential neighbors yet reflective of the scale and maintenance needs of a public facility (general project description dated February 6, 1995). With respect to the alternative proposal, Wessling stated the same building would be used, but its footprint would be moved to another site on the property. He noted that the Park Commission expressed an interest in exploring the alternate site which would significantly impact Badger Park. A major question associated with the alternate site is the cost of the necessary foundation system for the building. The architectural firm requests approval to proceed with additional soil testing in the alternate site to determine the feasibility of that site. Chair Borkon opened the public hearing at 9:25 p.m. and reviewed the procedures for a public hearing. Robert Bean, 5285 St. Albans Road, stated that with respect to consideration of the alternative site, his recent discussions with the Councils of the other participating communities suggests that further funding other than that committed by those cities is not likely to be available. He indicated that besides the cost of additional soil borings for the alternate site, the cost of soil correction and the foundation system required for construction on that site is a major concern. Bean suggested that further information and discussion regarding the alternate site should be required. Chair Borkon closed the public hearing at 9:30 p.m. The Commission congratulated the Senior Center Task Force for its perseverance and achievement over the past 3 years that has culminated in this application to construct a senior community center in Shorewood. The Commissioners considered the application, asked questions,' and discussed several issues. Nielsen and TSP/EOS representatives responded to Commissioners' questions. Turgeon inquired whether the facility will be handicap accessible. The facility will meet the requirements of the American Disabilities Act. Commissioners questioned the adequacy of emergency vehicle ingress, turnaround, and egress. While ingress and egress are not considered a problem, Wessling stated the canopy over the front entrance of the building can be raised to accommodate medical and handicap vehicles. Concerns raised included costs related to the alternate site and safety at the intersection at County Road 19 and Country Club Road and its traffic counts. Empirical data for traffic generation of senior/community centers was requested. Programs at the center were suggested. Overall, the Commissioners supported the plans as presented, but agreed to remain open to consideration of the alternate site. It is anticipated that construction will begin during 1995. Rosenberger moved, Pisula seconded to recommend to the Council that it approve the application submitted by TSP/EOS Architects for a conditional use permit for II Senior Community Center, 5745 Country Club Road, and that it remain open for consideration of the alternate site location. Motion passed 4/0. The Council will consider the recommendation at its March 27" 1995 meeting. PLANNING COMMISSION MINUTES March 7, 1995 - PAGE 7 5. SETBACK VARIANCE, VARIANCE TO EXPAND A NONCONFORMING STRUCTURE AND HEIGHT VARIANCE - TABLED AT 02-07-95 MEETING . Applicant: Location: Richard Kowalsky 5740 Christmas Lake Point Nielsen stated this application was tabled at the February 7 meeting as requested by the applicant so that he could provide additional information and consider alternatives to the original plans. A revised proposal with modified plans are set forth in Mr. Kowalsky's February 27 letter. Nielsen summarized the applicant's responses to the issues raised in the February 1 staff report including lot coverage, screen porch/deck setbacks, and bedroom/loft addition. Nielsen detailed the staff analysis of the revisions (Nielsen's memorandum dated February 28, 1995), and reviewed the other components of the plan previously considered as acceptable. Revised hard cover calculations result in approximately 24% hardcover on the site, the deck on the lake side of the home has been eliminated and re-surveying resulted in an average setback of 30.5'. The bedroomlloft addition results in a 4-level structure as viewed from the lake with the lowest level being short (approximately 75%). . Nielsen explained that if the upper level is not required to be eliminated, the applicant be required to prepare a detailed landscape plan which raises the grade adjoining the portion of the house beneath the addition area. Significant landscaping with large plant materials/evergreen shrubbery should be required to fully screen the lowest level beneath the addition. The landscape plan should include a bid from a certified nursery operator or landscape architect with a letter of credit or cash escrow for 1-1/2 times the amount of the landscaping work to ensure completion prior to November 1995. With those conditions, approval of the variance request is recommended. Richard Kowalsky, the applicant, described photographs and a revised model of the. site plans. Pictures showed a heavily wooded site that screen the existing and proposed home from the lakeside and the model included the proposed elevation. Michaela Mahady, the architect, described the structural elements of the house using a drawing to convey the heights, grading, and elevations that are interpreted to meet the definitions and specifications of the City's zoning code. Kowalsky pointed out that reconfiguration of the existing home and addition results in 4 bedrooms vs. the current 2 bedrooms. . Nielsen responded to the architect's interpretation of the basement and cellar as it relates to the Code. To accommodate the structure as proposed, appropriate grading, terracing and landscaping, within regulations, would be necessary to block out the lowest level from the lake side view. The Commissioners extensively considered the revised proposal and modified plans. In general, the Commissioners were not opposed to the 4-1evel structure proposed with the recommended grading and landscaping but noted that while the total height of the structure is well within code, it is somewhat beyond acceptability under the variance criteria. Pi suI a stated that he could not support approval of the application because the original plan for 3 bedrooms made reasonable use of the property, concern over lake side view of the 4-1evel structure, and that although this site is unique, approval would set a precedent the Commission may have to deal with on a less-protected and less-unique site than this site. Turgeon moved, Rosenberger seconded to recommend to the Council that it approve the application of Richard Kowalsky for a setback variance, variance to expand a nonconforming structure, and height variance, subject to the staff recommendations. Motion passed 3/1. Pisula voted nay. The Council will consider the recommendation at its March 27, 1995 meeting. . . . PLANNING COMMISSION MINUTES March 7,1995 - PAGE 8 6. SITE PLAN REVIEW - FIRST STATE BANK OF EXCELSIOR Applicant: Location: TSP/EOS Architects and First State Bank of Excelsior 19765 State Highway 7 Nielsen reviewed the plans submitted by TSP/EOS Architects, representing the First State Bank of Excelsior, for a new bank facility to be located at 19765 State Highway 7, in the Waterford Commercial development immediately east of the Waterford Shopping Center (detailed in his memorandum dated February 28, 1995). The plans are subject to the requirements of the City's Zoning Code and the Waterford P.U.D. Development Agreement. Nielsen described how the proposal conforms to City requirements with respect to use, site plan, landscaping, lighting, and building plans. Nielsen recommended additional landscaping to include increasing to 5" the caliper of the maple trees and additional evergreen shrubs and trees at prescribed positions on the site. Nielsen stated the plans submitted are consistent with the Shorewood Zoning Code and previous approvals for the Waterford P.U.D. and therefore recommended approval subject to the applicant providing a revised landscape plan addressing the staff suggestions. Nick Reuhl, representing the architects, stated the staffs landscaping recommendations are fully acceptable and will be implemented. He used drawings to describe the 2-story facility and it uses which includes space for future expansion of the bank's operations. The Commissioners considered the application. It was noted that the P.U.D. is specific regarding the use of the location as a bank. The signage plan will be reviewed by the staff. This banking facility will not replace the existing Bank in downtown Excelsior. Pisula moved, Turgeon seconded to recommend to the Council that it approve the site plan for the First State Bank of Excelsior, 19765 State Highway 7, in the Waterford development, with additional landscaping as recommended by the staff. Motion passed 4/0. The Council will consider the recommendation at its March 27, 1995 meeting. 7. MATTERS FROM THE FLOOR - None. 8. REPORTS Councilmember Malam reported that he recently accompanied Mayor Bean at the Council meetings of the cities of Tonka Bay, Excelsior, Deephaven, and Greenwood to provide updated information about the proposed Senior Community Center. The Commissioners reviewed future meeting dates and considered alternative dates for its next meeting scheduled for March 21. 9. ADJOURNMENT Turgeon moved, Rosenberger seconded to adjourn the meeting at 11:05 p.m. Motion passed 4/0. RESPECTFULL Y SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ~ """"" IF YOU PLAN TO SPEAK, PLEASE FILL IN THE INFORMATION BELOW . 5t() 11/1 /Joe} 1...--.. n/UC<2 - ADDRESS 3-7-9S- AGENDA ITEM 5 tv J Ih IYlI A.J r; POP L FGVCE // "/ -- ~ ~ ~ IF YOU PLAN TO SPEAK, PLEASE FILL IN THE INFORMATION BELOW E ADDRESS AGENDA ITEM J-kArlc. h~'~(./~'" Of? /':4..,l ~ . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MARCH 21, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 6:30 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 6:30 p.m. ROLL CALL Present: Chair Borkon; Commissioners Kolstad, Lizee, and Turgeon; Council Liaison Benson, Administrator Hurm, and Planning Director Nielsen. Absent: Commissioners Foust, Pisula, and Rosenberger. TOUR OF BADGER PARK WITH PARK COMMISSION Chair Borkon recessed the meeting at 6:38 p.m. Park Commissioners Colopoulos, Dzurak, Puzak, and Wilson joined the Commissioners, Benson, Hurm, and Nielsen in a tour of Badger Park. Chair Borkon reconvened the meeting at 7:00 p.m. The newly-appointed Planning Commissioners, Virginia Kolstad and Christine Lizee, were introduced and welcomed. Councilmember McCarty, Council Liaison to the Park Commission, joined the meeting at this point. APPROVAL OF MINUTES Turgeon moved, Lizee seconded to approve the March 7, 1995 Commission meeting minutes. Motion passed 4/0. JOINT MEETING WITH PARK COMMISSION TO REVIEW THE AL TERNA TIVE SITE PLAN FOR THE SOUTH SHORE SENIOR COMMUNITY CENTER The Park and Planning Commissioners, staff, and Council Liaisons convened in a joint meeting. Nielsen explained that the alternative site for the senior community center presents issues concerning both the Park and Planning Commissions. The primary question for the Park Commission is to determine whether the alternative site plan would make Badger Park better or worse than it currently exists. Planning issues involve the overall use of the facility and site. The City Council will ultimately select the site location for the Center. Park Commissioner Colopoulos referred to the 03-21-95 memorandum prepared by TSP/EOS, architects for the Center, outlining estimated costs, totaling $25,000, to relocate and modify the facilities. Colopoulos pointed out significant costs related to reconfiguration of the Park are not identified such as moving the football field and its lighting system, and reconstruction of the baseball field. He stated considerable opposition to relocation of the light poles can be expected from the neighborhood. Colopoulos explained that although he fully supports construction of a senior community center, it should be accomplished with minimal disruption. A location outside of a park would be preferred because allowing facility construction on park property could result in . . . PLANNING COMMISSION MINUTES March 21, 1995 - PAGE 2 future requests for buildings in other parks eventually eroding the designated purpose and special use of park land. He supported the original site selected for the senior community center in the northeast corner of Badger Park because it can be justified: it would be minimally disruptive and the parcel of property has no other legitimate use. Hurm explained that relocation of the football field would not necessarily be required. Park Commissioner Puzak pointed out the site option drawing prepared by the architects which involves merely trading locations of the warming house and the Center has merit since it would not require moving the ice rink or football field. Nielsen stated the option does show relocation of the hockey rink and a baseball field rather than a football field. Nielsen subsequently clarified that according to options prepared by the architects, the football field could remain, with some adjustments to the skating area. Park Commissioner Wilson stated that in his opinion the estimated cost to relocate the warming house may be unrealistic given the City's previous experience with drainage problems related to the warming house. He considered the estimates of the architects to be conservative with the possible exception of the survey cost. Wilson acknowledged that placing the Center in a more central spot on the Park/City Hall property is preferable, however, the Park would not gain anything, therefore he supported construction of the Center on the original site in the northeast corner of the property. In Wilson's view, use of the Park and of the Center would be compatible in all respects. Park Commissioner Dzurak supported the original site plan for the Senior Community Center for the reasons explained by the other Park Commissioners. McCarty stated that although the rationale for locating the Center in a more central spot to create a campus arrangement on the property is understandable, she was unsure of action that would compromise the park, and concerned about the financial ramifications of the alternate site. Mr. Jerry Shoberg, representing the Friends of the Senior Community Center Foundation, stated either site would be acceptable since both offer equal benefits to users of the Center. Chair Borkon stated the consensus of the Park Commission appears to support the original site for the Senior Community Center. Following a discussion to clarify the action required of the Planning Commission on this issue, the Planning Commissioners considered the consensus opinion of the Park Commission and whether additional soil borings should be made on the property to determine if relocation of the Center to the alternate site is feasible. Turgeon stated that given the consensus of the Park Commission there appeared to be no reason to move forward with additional soil borings. Kolstad stated the alternate site may provide additional parking, the over-riding opposition precludes the expenditure for further soil testing. Lizee stated the original overall site plan is the best use for the property. She expressed concern over the economics associated with the alternative site because of the marshy nature of the property. Borkon inquired about the driveway and parking plans associated with the original site. Nielsen reviewed the plans which provide for overflow parking in the City Hall parking area. He pointed out that current plans show only a 20' wide driveway which is a concern for fire truck movement especially if parking is allowed on the driveway to the Center. The cost of reconfiguration of parking would be borne by Shorewood. . . . PLANNING COMMISSION MINUTES March 21, 1995 - PAGE 3 The Commissioners discussed concerns regarding parking and access to the Center as provided under the original site plans, particularly accommodating parking for an event that would maximize the capacity of the Center's space. Borkon supported the original site plan, but expressed concern that Ordinances appear to be compromised, costs related to reconfiguration of parking are not available, and the current driveway width is unacceptable. Nielsen pointed out that the parking proposed meets the requirements of the Ordinance and that additional parking is considered a convenience rather than a requirement. It was noted that limiting occupancy of the Center is an option, however, rental revenues are anticipated to cover operating expenses. Mr. Shoberg explained that rental agreements will include parking regulations. Following discussion, the Commission requested that a 24' wide driveway, curbing, appropriate signage, and landscaping, be added to the original site plans for the Senior Community Center, previously recommended for approval by the Commission. Turgeon moved, Kolstad seconded to recommend to the Council that it retain the overall site plan as originally recommended by the Planning Commission on March 7, 1995, based on input from the Park and Planning Commission members that the overall site plan is the preferred site for the Senior Community Center and existing Badger Park, and that the Planning Commission would like to add to the original recommendation that the drive connecting the outlot parking and senior community center parking be ensured to be at 24' width, that it be curbed, and that "No Parking" signs be posted, and that the no parking restriction be enforced. Motion passed 4/0. 1. BIRCH BLUFF LAKEVIEW ADDITION - PRELIMINARY PLA T AND SETBACK VARIANCE - Tabled at 03-07-95 meeting Applicant: Location: Brian Fredrickson 26115 Birch Bluff Road Nielsen presented the City Engineer's review and comment on drainage issues associated with this application as requested by the Commission at its March 7 meeting (detailed in the Engineer's 03- 17-95 letter). This property is one lot upstream from the lowest point in the neighborhood. According to the Engineer, construction of a new home and associated hard cover will have an insignificant impact on total runoff volume to the downstream properties. In addition, the culvert under Third Street will easily handle the increased runoff rate. The area-wide drainage is related to the height of Lake Minnetonka and the adequacy of outlets to the Lake. The Engineer points out that use of the wetlands as natural holding ponds is preferred by the watershed district to ensure that clean water enters the Lake. Cleaning and/or televising the outlet line to the Lake would determine its capacity to provide drainage in the area. Based on the Engineer's assessment of the issues, this plat does not impact drainage in the area. Approval of the application for a preliminary plat and setback variance is recommended. The Commissioners discussed the Engineer's information. Nielsen and Mr. Fredrickson responded to questions. Turgeon inquired about the culvert and the outlet to Lake Minnetonka. Nielsen stated the culvert is 15" in diameter and explained that it is unclear where the culvert outlets. Fredrickson explained that during the survey process, a 15" drainage pipe for the Newburg property was located at a 929 elevation. He pointed out that the Newburg home is identified at a 934.4 elevation therefore a gradual 5' difference exists from the house pad and the low point of the property, so the home is not in danger of being flooded although the property may contain a large amount of water. Public Works is responsible for cleaning and maintaining the culvert/outlet. . . . PLANNING COMMISSION MINUTES March 21, 1995 - PAGE 4 Lizee inquired whether a precedent may be set for further subdivision of plats in the area. Fredrickson stated additional buildable lots are not available in the area. Nielsen explained that additional subdivisions in the Third Street area would be accommodated by drainage to the southerly wetlands. Turgeon moved, Lizee seconded to recommend to the Council that it approve Brian Fredrickson's application for Birchbluff Lakeview preliminary plat and setback variance at 26115 Birch Bluff Road, subject to staff recommendations. Motion passed 4/0. The Council will consider the recommendation at its April 10, 1995 meeting. 2. COMPREHENSIVE PLAN UPDATE - RECOMMENDATION TO CITY COUNCIL Nielsen referred the Commissioners to page LU-34, dated 3/95, of the Land Use Chapter of the updated Comprehensive Plan. The Commissioners read, reviewed, and accepted page 34 which contains 3 new paragraphs concerning Lake Access. A review of each previously agreed upon change to the Comprehensive Plan resulting from the public hearing and neighborhood meetings was conducted. Nielsen referred the Commissioners to completed sections to accompany the Plan including Introduction, and a description of the comprehensive planning process (pages PS 1-6 dated 3/95). Remaining sections to be completed include: Legislative Parameters, Plan Format, and Guiding Principles. The Commissioners reviewed and accepted the Introductory section as written. The Commissioners conducted a preliminary review of the Planning Process section and requested editing of the document to make the material simpler and easily understood. The Recording Secretary agreed to provide assistance in this effort. The Commission recommended that the Council adopt the updated Comprehensive Plan on an interim basis. Chair Borkon recessed the meeting at 8:45 and reconvened at 8:55 p.m. 3. REVIEW PROPOSED REVISION TO SHOREWOOD FLOOD PLAIN CODE Nielsen explained that the proposed revision to the Flood Plain Ordinance reflect modifications to comply with Department of Natural Resources requirements and to maintain the City's eligibility for the Federal flood insurance program (detailed in Nielsen's 03-17-95 memorandum). The revisions are primarily technical in nature. The Commissioners reviewed the changed sections of Chapter 1101, Flood Plain Management Regulations, made suggestions, and accepted the Ordinance as amended. Turgeon moved, Kolstad seconded to recommend to the Council that it adopt the amendments to the Shorewood Flood Plain Code subject to the pending revisions by the staff. Motion passed 4/0. The Council will consider the recommendation at its March 27, 1995 meeting. . . . PLANNING COMMISSION MINUTES March 21, 1995 - PAGE 5 4. REVIEW OUTLINE OF PROPOSED WETLAND PROTECTION REQUIREMENTS Nielsen reviewed an outline of the proposed wetland protection requirements. The Commissioners discussed and provided initial guidance for wetland setback requirements. Further work and consideration of amendments to Shorewood's Wetland Ordinance will continue. 5. MATTERS FROM THE FLOOR Turgeon requested guidance regarding procedures to organize a task force to discuss solutions to the safety issues related to snowmobiles. Advice was provided. Turgeon commented on Gideons Woods development issues. 6. REPORTS - None. 7. ADJOURNMENT Turgeon moved, Lizee seconded to adjourn the meeting at 10:25 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 4, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7 :00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Kolstad, Lizee, Pisula, and Turgeon; Council Liaison Benson, and Planning Director Nielsen. Commissioner Foust entered the meeting at 7:08 pm. Commissioner Rosenberger entered the meeting at 7: 18 p.m. APPROVAL OF MINUTES Turgeon moved, Kolstad seconded to approve the March 21, 1995 Commission meeting minutes. Motion passed 4/0. Pisula abstained. 1. 7:00 PUBLIC HEARING - PRELIMINARY PLAT AND VARIANCE TO ALLOW A LOT WITH NO FRONTAGE ON A PUBLIC STREET- ZACHARY WOODS Applicant: Location: Brent Sinn 6035 Galpin Lake Road Chair Borkon announced the case and outlined the procedures for a public hearing. Nielsen reviewed the background related to the applicant's mid-1994 request to divide his property at 6035 Galpin Lake Road into 5 lots. The Planning staff recommended denial of a revised plat, however before the Planning Commission took any action, Mr. Sinn requested tabling of the request. The application was subsequently suspended by the development moratorium. After meeting with City staff and the Minnehaha Creek Watershed District, the applicant submitted a new plan to subdivide the property into 3 lots fronting on Galpin Lake Road and 1 large lot fronting on Galpin Lane. Lots 2 and 3 will be accessed on the north and south ends of the wetland on the west end of the site. Lot 1 and the large lot with an existing home are accessed from the private street, Galpin Lane. Mr. Sinn has reached agreement with the Galpin Lane Association for use of that street. Because the large lot does not have frontage on a public street, the applicant requests a variance. Nielsen reviewed the analysis of the proposed plan and recommendations regarding: access, wetland alteration, subdivision/zoning requirements, tree preservation, City water, park dedication and sewer access fees (detailed in his 03-29-95 memorandum). Although Code requires that all new lots have public street frontage, a variance in this case results in substantially less site alteration that prior proposals by the applicant. No further division should be allowed, however, until public access can be provided. Galpin Lane Association conditions for granting access to Galpin Lane relating to City requirements provide that the Lot 1 driveway must be at least 40' east of the Galpin Lake Road/Galpin Lane intersection, Galpin Lane must be PLANNING COMMISSION MINUTES April 4, 1995 - PAGE 2 . widened to at least 20' up to the new driveway for the existing home, and final plat landscaping plan must maintain a 30' sight triangle at Galpin Lane. Nielsen reviewed recommendations with respect to water connections and stated the final plat should include a tree inventory and protection plan. The proposed wetland alteration and mitigation must be approved by the Watershed District and the City should require a wetland conservation easement over the wetland and the proposed buffer strip. Despite the proposed alteration of the wetland and the required variance, the new plan is considered superior to previous proposals for the subdivision. Nielsen suggested the Commission recommend approval of the preliminary plat, subject to the staff recommendations. Borkon inquired whether the City is bound by the conditions outlined by the Galpin Lane Association. Nielsen explained the conditions correspond to what the City would require and pointed out that Mr. Sinn needs the Association's cooperation to accomplish the proposed subdivision. Mr. Brent Sinn, the applicant, concurred with Nielsen's review of the application, and indicated the proposal, developed with input from the Galpin Lane Association, is workable and that he will continue to consult with the City and the Association for a mutually beneficial completion of the project. Chair Borkon opened and closed the public hearing at 7:25 p.m. No comments were made from the public. . The Commissioners considered the application. Lizee noted that the plans include a 35' wetland buffer strip and a 15' building setback from the buffer strip in accordance with the Commission's recommendations for wetland protection. Turgeon commended the applicant for an improved proposal and inquired whether the staff recommendations are acceptable to the applicant. Mr. Sinn stated he agreed with the recommendations and noted he will discuss matters related to provision of water with the City Council. Rosenberger commended the applicant for consulting with the neighborhood! Association. Borkon, Kolstad, and Pisula had no objections to the application. Foust inquired how driveways might be routed should Lot 4 be subdivided in the future. Nielsen reviewed 2 acceptable options available should Galpin Lane be upgraded to a City/public street or if a street is built in connection with possible development of property located to the east. Foust requested clarification of the recommended water related charges. Nielsen explained that the $5000 per lot trunk charge assessed at the time of final plat includes the water tower and project pump mains and the $5000 water connection fee (to be paid at the time the City makes water available) is the customary connection fee (currently $4000, anticipated to rise to $5000). Foust asked whether the Commission will review the applicant's tree preservation plan. Nielsen stated the plan will be considered by the Commission and noted that the Ordinance will be developed by the Commission. Turgeon moved, Pisula seconded to recommend to the Council that it approve the revised Zachary Woods preliminary plat and variance to create a new lot with no frontage on a public street, subject to staff recommendations. Motion passed 7/0. The Council will consider the recommendation at its April 24, 1995 meeting. 2. 7:15 PUBLIC HEARING - SETBACK VARIANCE AND VARIANCE TO EXPAND A NONCONFORMING STRUCTURE . Applicant: Location: John Kimball 4445 Highland Circle . . . PLANNING COMMISSION MINUTES April 4, 1995 - PAGE 3 Chair Borkon announced the case and reviewed the procedures for a public hearing. Nielsen reviewed the applicant's request for a 20' front yard setback variance to allow construction of a new 2-car attached garage to the front of the home at 4445 Highland Circle. The existing garage is to be converted into a main level bedroom suite. Nielsen explained how the request is justified under the Code's criteria for granting variances and recommended approval of the variance. An overhead of the guidelines for granting variances was shown. Mrs. Barbara Kimball stated the plans represent consultation with the City staff, the next-door neighbors approve of the proposed construction, and that the building plan is designed to accommodate a health impairment. Chair Borkon opened and closed the public hearing at 7:44 p.m. There were no comments from the public. A letter from Dale & Linda Johnson, 4425 Highland Circle, Mound, in support of the garage/addition was acknowledged. The Commissioners considered the application, agreed it is justified under variance criteria, therefore interposed no objections. Turgeon moved, Rosenberger seconded to recommend to the Council that it approve the 20' front yard setback variance for John and Barbara Kimball at 4445 Highland Circle, subject to staff recommendations. Motion passed 7/0. The Council will consider the recommendation at its April 24, 1995 meeting. 3. FORMAL APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT- Tabled from 10-04-94 meeting. Applicant: Location: Lundgren Bros. Inc. 76.5 acres north of Smithtown Road west of Minnewashta School Nielsen stated this request was suspended by the development moratorium. He explained that although the City chose not to increase the density for this site in the updated Comprehensive Plan, official action to deny the amendment is suggested. He noted the developer has submitted a new plan for this site. The developer was not present at this meeting. Rosenberger moved, Pisula seconded to recommend to the Council that it deny the application of Lundgren Bros. Inc. for a Comprehensive Plan amendment for higher density at the developer's property west of the Minnewashta Elementary School. Motion passed 7/0. The Council will consider the recommendation at its April 24, 1995 meeting. 4. DEVELOPMENT STAGE PLAN - HERITAGE P.D.D. - tabled from 10-04-94. Applicant: Location: Abingdon Development Corp. South of Edgewood Road approximately 700' east of Howards Point Road Nielsen referred to his 04-04-95 memorandum drafted in outline form reviewing the development stage plans for the Heritage P. U.D. Because of the incomplete staff report and issues raised, he suggested that consideration of this plan be tabled. He explained that although the Commission . . . PLANNING COMMISSION MINUTES April 4, 1995 - PAGE 4 recommended approval of the concept plans, this project was suspended by the development moratorium. Nielsen reviewed the preliminary outline of the staff analysis of the development stage plans. A number of revisions are recommended including flattening the curve in the street, lot lines perpendicular to the street, lots should not exceed 1/40000 sq.ft. plus 10%, and Outlot B considerations. Grading, drainage and erosion control plans require review and approval of the City Engineer. The Commissioners participated in a preliminary discussion on the development stage plans and the staff recommendations with Nielsen and Mr. Chuck Dillerud, representing the developer, and provided direction and guidance with respect to acceptability of the plans. A completed staff analysis and the developer's plans will be available for the Commissioners next meeting. Turgeon moved, Pi suI a seconded to table to April 18, 1995, consideration 0 f Abingdon Development Corp.'s Heritage P.U.D. Motion passed 7/0. Chair Borkon recessed the meeting at 8:45 p.m. and reconvened at 8:52 p.m. 5. PRELIMINARY PLAT - MANITOU WOODS - tabled from 10-04-94 meeting. Applicant: Location: Abingdon Development Corp. 5580 Manitou Road Nielsen stated this proposal for construction of 2 twin homes received positive recommendations from the staff and the Planning Commission prior to its suspension by the development moratorium. The Comprehensive Plan Update impacts the proposal in 2 ways: tree preservation/reforestation and City water requirements (detailed in Nielsen's 03-30-95 memorandum). Nielsen recommended that tree removal be limited to those minimally necessary to accommodate the proposed buildings, parking area, and pond. A landscape plan as recommended is to be part of the final plat. It is proposed that the twin homes will be connected to the Tonka Bay water system. Nielsen reviewed the recommendations suggested for this plat with respect to Shorewood water. It is likely that extension of water along the west side of County Road 19 to Glen Road will be explored in the near future. Approval of this preliminary plat is recommended. The Commissioners considered the proposal. Turgeon inquired about hardcover and the water problem in the Glen Road area. Nielsen explained the project does not fall under the hardcover ordinance and the storm water improvements are included in the 1996 capital improvement program. Mr. Dillerud explained the pond will be built to NURP standards to control run-off. The homes are priced at about $200,000-$250,000. Turgeon moved, Kolstad seconded to recommend to the Council that it approve the Manitou Woods preliminary plat, subject to staff recommendations, at 5580 Manitou Road. Motion passed 7/0. The Council will consider the recommendation at its April 24, 1995 meeting. 6. PRELIMINARY PLAT - SMITHTOWN MEADOWS (REVISED) Applicant: Location: Abingdon Development Corp. 25655 Smithtown Road (Outlot A) Nielsen stated this 7-lot plat was suspended by the development moratorium. In the interim, the Jaeger Addition plat which divided off the 2 lots with existing homes was approved. . . PLANNING COMMISSION MINUTES April 4, 1995 - PAGE 5 Abingdon Development Corp. submitted a revised plat showing the remaining 5 lots. Nielsen indicated the layout is identical to that recommended for approval in mid-1994. He noted the right- of-way issue with Hennepin County has been resolved, the street name has been changed to Smithtown Way, and evidence of abandonment of a telephone company easement has been provided. Nielsen reviewed the Comprehensive Plan update impact on the proposed plat with respect to tree preservationllandscaping and City water. The final plat should include a landscape plan showing how and which trees will be protected, and the size, species and location of proposed trees. Assuming the site can be served with City water, each lot will be required to pay a $10,000 trunk/availability fee. Internal water mains should be shown on the plat and the developer should indicate whether the City will be petitioned to install the improvements. Details of the staff analysis are contained in Nielsen's 03-30-95 memorandum. Nielsen suggested that the Commission recommend approval of the revised preliminary plat subject to the original recommendations and those contained in his 03-30-95 memorandum. Mr. Dillerud stated the cost of City water is an issue for this development. He indicated that the petition referred to has been sent to the City. Replacement of trees is a part of the plans. Dillerud also stated that work continues to resolve the storm water problem in the area. The Commissioners discussed the drainage problems including the drain tiles and the Engineer's recommendations. Pi suI a moved, Turgeon seconded to recommend to the Council that it approve the preliminary plat for Smithtown Meadows, 25655 Smith town Road, subject to the recommendations of the staff and City engineer. Motion passed 7/0. The Council will consider the recommendation at its April 24, 1995 meeting. 7. PRELIMINARY PLAT - SMITHTOWN WOODS - tabled from 10-04-94 Applicant: Location: Clint Carlson and Brian Ohland 25895 and 25865 Smithtown Road Nielsen stated this project was suspended by the development moratorium. The Comprehensive Plan updated affects the proposed platting of 6 single-family lots in terms of City water and tree preservation/reforestation (Nielsen's 03-30-95 memorandum). Nielsen reviewed the water related recommendations to enable connection to City water and tree preservation/reforestation recommendations. Nielsen suggested that the Commission recommend approval of the preliminary plat subject to the staff recommendations in his 03-30-95 and 09-01-94 memoranda. Mr. Clint Carlson stated recommendations related to water were brought to his attention this morning. He requested clarification of the City's intention to provide water to the project. He preferred that water be provided to the project by the City and recognized that the proposed costs can be discussed with the Council. Carlson commented on his tree preservation and reforestation plans. During the Commissioner's discussion, Rosenberger suggested that the segment required for extension of City water to this project be added to the current feasibility study. Rosenberger moved, Lizee seconded to recommend to the Council that it approve the Smithtown Woods preliminary plat, subject to the staff recommendations, and recommended that the Council initiate a feasibility study to expedite the . connection of City water to this plat. Motion passed 7/0. The Council will consider the recommendations at its April 24, 1995 meeting. . . . PLANNING COMMISSION MINUTES April 4, 1995 - PAGE 6 8. CONCEPT STAGE PLAN - SHOREWOOD SENIOR HOUSING - tabled from 10-04-94 meeting. Applicant: Location: International Development II 25600 State Highway 7 & 6140 Eureka Road Nielsen reported the developer met with the staff to discuss the status of its proposal and the effects of the Comprehensive Plan Update on the plan. If the developer pursues the project, new plans should be received no later than April 10 for placement on the Commission's May 2 agenda. Rosenberger moved, Pisula seconded to table to May 2, 1995, consideration 0 f concept stage plans of International Development II for Shorewood senior housing at 25600 State Highway 7 and 6140 Eureka Road. Motion passed 7/0. 9. MATTERS FROM THE FLOOR - None. 10. REPORTS Council Liaison Benson commented on the Council's plans for study of water policy issues. In response to Borkon's inquiry regarding absenteeism, Nielsen stated a formal policy does not exist. 11. ADJOURNMENT Turgeon moved, Pisula seconded to adjourn the meeting at 10:00 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial SPEAK, PLEASE FILL IN THE INFORMATION BELOW i/L/-.q.~ ADDRESS AGENDA ITEM ~ea... . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 18, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:10 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Kolstad, Lizee, Pisula, Rosenberger, and Turgeon; Council Liaison Benson and Planning Director Nielsen. APPROVAL OF MINUTES Pisula moved, Rosenberger seconded to approve the April 4, 1995 Commission meeting minutes. Motion passed 7/0. 1. DEVELOPMENT STAGE PLAN - HERITAGE P.U.D. - tabled from 04-04-95 meeting Applicant: Location: Abingdon Development Corp. South of Edgewood Road approximately 700 feet east of Howards Point Road Chair Borkon announced the case. Nielsen explained that a staff report is not available because adequate review of the developer's plans, received 04-13-95, has not been completed. He stated a cursory review indicates the developer has taken some positive steps, however, the curve in the west end of the road needs to be flattened into a 30 mph curve, as previously recommended. Nielsen stated such work will have a detrimental effect on the rear yard setbacks of Lot 1, Block 1. He indicated that although the new plans include other recommended changes, acceptable platting of 21 new lots is not demonstrated. Nielsen suggested the Commission table action on this application with a recommendation to the developer that a more gentle curve in the road be incorporated into the plans. Chuck Dillerud, representing Abingdon, reviewed the acquisition and assembly of the properties and described the merits of the Heritage P.D.D. He outlined the conditions agreed to by the developer including: all provisions of the P.D.D. ordinance, no wetland encroachment, all policies/ordinances contemplated by the City, and all aspects of the updated Comprehensive Plan. He stated the developer intends to utilize Lot 1 (referred to by Nielsen) to make full use of the available property. Rick Sather, representing Sather-Bergquist, explained the purpose and rationale supporting his intentional design of the road curve. He stated that in a residential subdivision, vertical and horizontal curvature is included to avoid a straight look and to achieve a streetscape with beauty and interest with different angles and to promote safety by slowing up drivers. The Commissioners considered the new plans. It was recognized that development of the property under the flexibility of P.D.D. concept provides benefits to the City and the developer. Discussion centered on the proposed number of lots and sizes (density) and the degree of curve in the road. Nielsen and the Abingdon representatives responded to questions. The Commissioners acknowledged the positive features of the developer's project plans, expressed some concern regarding lot sizes, supported Nielsen's recommendation that the curve in the development's road be flattened and requested the developer to consider options to accomplish that. . . . PLANNING COMMISSION MINUTES April 18, 1995 - PAGE 2 Rosenberger moved, Lizee seconded to table to May 2, 1995 consideration 0 f Abingdon Development Corp.'s Heritage P.D.D. Development Stage Plan, located south of Edgewood Road and east of Howards Point Road, and recommended that alternatives for a moderate curve in the road be generated. Motion passed 5/2. Foust and Kolstad voted nay. 2. SETBACK VARIANCE - referred from City Council on 01-09-95 Applicant: Location: John Grable 4720 Bayswater Road Chair Borkon announced the case. Nielsen reviewed the background to the Commission's review and recommendation regarding Mr. Grable's variance request and subsequent new material provided by the applicant (detailed in Nielsen's 04-17-95 memorandum). In December 1994, the Commission recommended denial of the request because it did not meet the criteria for granting variances. In January 1995, the applicant submitted additional information to the Council in conjunction with his request and subsequently the Council referred the matter back to the Planning Commission for review. The Council is scheduled to consider this application and the Commission's recommendation at its April 24, 1995 meeting. Mr. Grable's request involved variances to construct a deck that encroaches into the 50' perimeter setback and also encroaches into the common area of the Amesbury West planned unit development. Extensive material submitted by the applicant cited examples of encroachments into the common areas and, in at least one instance, an encroachment into the 50' perimeter setback. Nielsen explained that during his research it was discovered that the City did not uniformly apply the 50' setback around the entire Amesbury West project and that encroachments into the common area exist. He indicated it is not clear from available records whether the encroachments appeared during the original construction or resulted from additions over the years. Nielsen reviewed various encroachments allowed in the 50' setback. He reviewed the plan and construction history of Mr. Grable's unit. It was noted that at the Council meeting in January, Mr. Grable stated the deck could be built without encroaching into the 50' perimeter setback. With respect to the encroachment into the common area, Nielsen explained that common area use is limited to those uses provided for in the zoning ordinance. Further, he explained that given the vague language regarding encroachments in the Amesbury declarations of covenants, the City's zoning ordinance should apply when considering the variance for construction of a deck that encroaches into the common area (reference Nielsen's 10-31-90 letter to Mr. James McNulty, builder of the dev.elopment). Nielsen reiterated that the applicant's request fails to meet the criteria for granting varIances. Mr. Grable, the applicant, reviewed the history of construction of his home and explained his preference for the design, size, and location of the deck in question. He referred to the information booklet prepared that clearly shows similar existing decks extending into the common area. Therefore, he believes a variance for construction of his deck extending into the common area is not required since this has been previously allowed by the City. Mr. James McNulty, developer of Amesbury, reviewed the history of Amesbury and Amesbury West, and the covenants that allow for routine use of the common area which did not result in any grievous effect and were approved under the City's building permit process. He referred to the information booklet with examples of extensions into the common area and encroachments into the 50' perimeter setback. The criteria for granting variances was reviewed. Subsequently, the applicant, Mr. Grable, withdrew his request for a variance to allow deck encroachment into the 50' perimeter setback area at 4720 Bayswater Road. . . . PLANNING COMMISSION MINUTES April 18, 1995 - PAGE 3 The Commissioners discussed the applicant's appeal for a variance for encroachment into the common area. It was recognized a question of interpretation exists; that of the applicability of the City's zoning ordinance or the development's covenants. Nielsen again reviewed the difference between the City's position and that of the developer which is the reason for re-consideration under the appeal process. Rosenberger, Turgeon, and Pisula pointed out that the developer was clearly informed of the City's intention to apply the provisions of the zoning ordinance regarding common areas in Nielsen's 10-31-90 letter. They could not support granting a variance for the deck to encroach into the common area since action has not been taken to clarify the ambiguities of the existing Amesbury covenants, alternative design plans for a non-encroaching deck exist, and application of the criteria for granting variances provides for consistency throughout the City. Lizee supported this rationale for denial of the request. The Commissioners recognized that the City's interpretation is that of the Zoning Administrator (Nielsen) and considered whether the ordinance should be amended to clearly specify allowable common area encroachment in P.U.Ds. It was understood and acknowledged that the Amesbury covenants provide a more liberal interpretation of allowing decks to encroach into its common area. Foust supported separation of this request from future cases by approving Mr. Grable's request, notwithstanding the fact that alternative non-encroaching deck designs are possible, and recommended that action be initiated to resolve the question within the ordinance. Borkon favored clarification of the ordinance to include the position and interpretation of the City/Zoning Administrator with respect to P.U.D. regulations. Pisula moved, Turgeon seconded to recommend to the Council that it deny the appeal to construct a deck that encroaches into the common space area requested by John Grable, 4720 Bayswater Road. Motion passed 412. Borkon and Foust voted nay. Kolstad abstained. The Council will consider the recommendation at its April 24, 1995 meeting. 3. DISCUSS TREE PRESERVATION/REFORESTATION ORDINANCE This item was re-scheduled to the agenda for the Commission's May 2, 1995 meeting. 4. MATTERS FROM THE FLOOR - None. 5. REPORTS Council Liaison Benson and Commissioner Turgeon reviewed discussions and actions taken by the Council at its April 10 meeting. The Commissioners and Nielsen acknowledged the departure of Arlene Bergfalk after nearly 3 years of service as the Commission's recording secretary. 6. ADJOURNMENT Pisula moved, Kolstad seconded to adjourn the meeting at 9:50 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, MAY 2, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:01p.m. ROLL CALL Present: Chair Borkon; Commissioners Kolstad, Lizee, Pisula, Rosenberger, and Turgeon; Council Liaison Benson and Planning Director Nielsen. Absent: Commissioner Foust. APPROVAL OF MINUTES Rosenberger moved, Kolstad seconded to approve the April 18, 1995 Commission meeting minutes. Motion passed 6/0. 1. 7:00 PUBLIC HEARING . CONCEPT STAGE PLAN . SHOREWOOD PROPERTIES P.U.D. Applicant: Location: Lundgren Bros., Inc. 76.5 acres north of Smithtown Road west of Minnewashta School Chair Borkon announced the case and outlined the procedures for a public hearing. Nielsen reviewed the background related to the applicant's request for concept stage approval of a planned unit development to subdivide approximately 75.4 acres of land, located north of Smithtown Road and west of Minnewashta Elementary School into 33 single-family residential lots. The property contains 42.6 acres of designated wetlands. He indicated the developer had requested a Comprehensive Plan amendment for the property in 1994 to allow a density of 1.3 units per 40,000 square feet of land area with 38 lots. The current proposal has a density of 1.1 units per 40,000 with 33 lots, which is allowable by utilizing a P.D.D. Nielsen indicated the developer was requesting the front-yard setbacks be 30 feet rather than the required 50 feet. This is allowable under the P.D.D. but staff is recommending the setback be establisbed at 35 feet. The plan proposes a looped circulation system for the area which is consistent with the Comprehensive Plan. All lots, with the exception of Lot 6, conform to the wetland setback which consists of a 35 foot buffer area and a 15 foot building setback. He indicated there is concern with development of the peninsula area in regards to the placement of the driveway, the hard cover surface limitation, separation of the two homes, and landscaping. Nielsen indicated the developer is proposing to do a custom grading plan to fit the homes into the sites and maintain the natural wooded areas. A tree inventory must be submitted, with the City determining how many trees should be required for the new lots. It will also be required that landscape consideration be given to the rear lots to soften the view of the homes along the wetlands. There is consideration whether the extension of the water main along Smithtown Road from Cajed Lane to Cathcart Drive, should take place on the north or south side of Smithtown. The developer and the School District have not yet reached agreement as to the location of the water tower. The new lots will be charged $10,000.00 per lot connection and trunk fee, and the existing home will be charged a $5,000.00 assessment only. Nielsen explained the City has a policy in regards to development, that the rate of run-off from a project cannot exceed the rate prior to the development. He also indicated it may be appropriate to have the area along Smithtown Road, which is left open space as part of the P.D.D., dedicated for public use. John Shardlow, Dahlgren, Shardlow and Uban, Inc., displayed the concept plan for consideration. . . . PLANNING COMMISSION MINUTES May 2, 1995 - PAGE 2 Mark Anderson, Lundgren Bros., addressed the concerns raised by staff. He indicated the wetland buffers were workable but he felt they were excessive as it may be appropriate to adjust the amount of setback based on the quality of the wetlands. He indicated he felt the issue with the water tower location was simply a discrepancy in interpretation. In regards to the water connection fee, he asked it be stated the lots would be charged a fee but in an amount not determined at this time. He proposed an alternate,non-through, road construction that would not require the 400 feet of extra road be constructed. The alternate road would not have to cross the wetlands and would correct the setback on Lot 6 but would have only one ingress/egress point. He indicated the back- yard landscape should be determined individually by each property owner. He felt the driveway onto the peninsula was a workable issue. In regards to hard surface cover, he stated this was not a shoreline setting and did not believe this ruling was applicable to this site. He indicated there will be a tree survey done and he was in agreement with the 35 foot front-yard setback. He indicated the storm sewer system would comply with the NURP Standards and maintain the quality and rate flow into the wetlands at current rate. He indicated Lundgren Bros. is open for discussion in regards to the area along Smithtown Road. Chair Borkon opened the public hearing at 7:52 p.m. Steven Dzurak, Park Commissioner, asked the public in attendance to voice their opinion as to the best use of the open area along Smithtown Road. Mr. Richard Gay, 5695 Howards Point Road, stated he did not feel any homes should be built on the peninsula. He asked if there would be a lift station installed on the peninsula and indicated there was a problem with emergency vehicle access. He stated he felt there would be moisture problems for the homes on the peninsula. When he moved into the area, he was told this wetland area could not be developed. He questioned how the properties would compare to the Tamarack Development and if there should be trees and vegetation planted into the back yard areas. He asked why the homes in the main area of the development were so far forward on the lots. Chair Borkon recessed the meeting at 8:03 p.m. and reconvened at 8:07 p.m. Mr. Sieg Weissner, 26780 Smithtown Road, indicated he lived next to the proposed road and was concerned with the landscape and the proximity of the road to his house. Mr. Bill Keeler, 27420 Pine Bend, stated he was concerned with the drainage. He indicated there were drainage issues with the recent Brynmawr Addition and felt those issues should be corrected before new developments were initiated. Susan Pastuck, 20345 Excelsior Boulevard, inquired as to the options available for the driveway onto the peninsula. Bill Bernstein, 5920 Afton Road, inquired as to the alignment of the new road and Cathcart Drive. He expressed a desire for the open space on Smithtown Road to be left wild with possibly a bicycle trail installed. Mr. Richard Gay expressed concern with the alignment of the new road and Cathcart Drive, indicating it is a dangerous intersection. He also requested there be no street lights in the development. Mr. Sieg Weissner stated he felt there was a traffic safety concern at the point of the new road and Cathcart Drive, as there was a steep hill there. Chair Borkon closed the public hearing at 8:21 p.m. . . . PLANNING COMMISSION MINUTES May 2, 1995 - PAGE 3 Nielsen addressed the public's concerns. He stated the homes in the development were being kept as close to the street as possible to retain a large wetland setback. There may be a lift pump required on the peninsula. He indicated there was nothing precluding building in this area. Mark Anderson indicated he was unable to compare these homes to the Tamarack development as he does not yet have the designs of the proposed homes. Nielsen indicated the new road is positioned correctly. When the City upgrades Cathcart Drive, it will be aligned properly with the new road. He reported the road will be approximately 30 feet from Mr. Weissner's house and the landscape will save as many trees as possible while being sensitive to the required 30 foot sight triangle at the intersection. In regards to the Brynmawr ponding, Nielsen reported the City Engineer is working on this problem. Nielsen indicated he will provide the Commission with a detailed memorandum regarding the overall system, culverts, etc. to facilitate a discussion of the problem. Nielsen indicated that street lighting in the City of Shorewood is done on a request basis. He did not think it was appropriate to preclude residents in the development of having street lighting. Nielsen indicated the Fire Chief had given his approval of the driveway access to the peninsula. There was discussion to bring the cul-de-sac back 20-30 feet, away from the peninsula. It was agreed that all three parties, the City, Lundgren Bros., and the School District need to meet and come to an agreement on the location of the water tower. The Commissioners considered the application. Rosenberger indicated there needed to be extensive landscaping done in the back yards of these lots and he felt it important to address the issues raised by Mr. Keeler in regards to run-off. He then questioned and expressed his discomfort with granting the developer the additional 10% density. Pisula indicated he felt the P.D.D. was a good way to develop this parcel. Turgeon stated she agreed with the P.D.D. and she liked the custom grading concept. Kolstad liked the concept plan and felt the additional 10% density was fair. Lizee agreed with the idea of the P.D.D., as it gave the City more control over the project. She stated she was not comfortable with the development on the peninsula because of the access road and the amount of hard cover surface. She also stated she would like to encourage a zero phosphorous covenant in this development. Kolstad stated she would like the developer to reconfigure Lot 6 before the next stage and maintain the second access point. Pisula moved, Turgeon seconded to recommend to the Council that it approve the Lundgren Bros. Construction P.U.D. Concept Plan for LedinlWartmanlMinnewashta School Property subject to staff recommendations and the cul-de-sac be shortened to bring it close to the setback requirements, a covenant for zero phosphorous use fertilizers, maintenance of the second access point, and Lot 6 be reconfigured. Rosenberger indicated the amount of density was the Commission's discretion and he believed there was an encroachment of the wetland that could be relieved by denying the additional 10% density. Motion passed 5 ayes /1 naye. (Commissioner Rosenberger voted naye). Rosenberger polled the Commission as to why they voted yes. The Commissioners indicated they thought the P.D.D. was fair as the City was asking the developer to maintain the wetland areas. The Council will consider the recommendation at its May 22, 1995 meeting. Chair Borkon recessed the meeting at 9:32 p.m. and reconvened at 9:38 p.m. . . . PLANNING COMMISSION MINUTES May 2, 1995 - PAGE 4 2. DEVELOPMENT STAGE PLAN - HERITAGE P.U.D. - tabled from 04-18-95. Applicant: Location: Abingdon Development Corp. South of Edgewood Road approximately 700' east of Howards Point Road Chair Borkon announced the case. Nielsen indicated the preliminary plat had shown a sharp .curve in the west end of the street. The Commission had requested the developer flatten the curve in the development and reconfigure the lots as buildable. Chuck Dillerud, representing Abingdon, demonstrated the curve had been flattened. He explained by taking two feet from each lot in the cul-de-sac, Lot 2 can, be enlarged to meet the rear setback requirement. Pisula moved, Turgeon seconded to recommend to the Council that it approve the Heritage P.U.D. - Development Stage Plan subject to conditions noted in the draft resolution approving the concept plan and recommendations from the staff memorandum dated April 4, 1995. Motion passed 5 ayes /1 abstention / 0 nayes. (Commissioner Rosenberger abstained). Chair Borkon asked Rosenberger why he passed. Rosenberger indicated he chose not to vote. 3. DISCUSS WETLAND SETBACK ISSUES Applicant: Location: John Pastuck 20345 Excelsior Boulevard Nielsen indicated Mr. Pas tuck had requested the opportunity for an informal discussion with the Commission to determine any options available to him to allow a subdivision on his land located at 20345-47 Excelsior Boulevard. In November 1994, Mr. Pastuck asked the City Council to vacate a portion of a wetland conservation easement on this property. The City Council refused as there was no public purpose. Mr. Pastuck has since been trying to design a house which will comply, fit on the site, and meet the 30 foot wetland setback. He did design a house that would work but now the wetland setback has been increased to 50 feet and the house no longer complies. Mr. John Pastuck, 20345 Excelsior Boulevard, indicated he originally purchased the property in 1987. He built a twinhome on the land with the intention of subdividing the parcel to obtain a second single family lot. In 1992, he began plans to split the lot but became aware he was 1 % short of required lot size. In 1994, he approached the City Council to request a partial vacation of wetland conservation easement on the property. The City Council denied the vacation. He has since designed a house that will fit the lot, but it is designed for a 30 foot wetland setback and the City is now requiring a 50 foot setback. The Commissioners considered the request. They discussed the extreme slope of the lot and the criteria necessary for granting a setback variance request. The Commission directed Nielsen to explore the legal ramifications of this case with the City Attorney. Nielsen indicated this issue would be discussed at the next staff meeting. The Commission also advised Mr. Pastuck to delay purchasing additional property on the parcel. 4. DISCUSS TREE PRESERVATION ORDINANCE Nielsen indicated he had no matters for discussion at this time. . . . PLANNING COMMISSION MINUTES May 2, 1995 - PAGE 5 5. MATTERS FROM THE FLOOR - None. 6. REPORTS Lizee submitted information regarding the Minnesota Land Trust to be xeroxed and distributed in the next meeting packet. She also indicated she would like to explore the possibility of a zero phosphorous ordinance. Turgeon reported she had been in contact with several people in regards to the tree preservation issue. She reported Lino Lakes had suggested the tree preservation be established as a policy rather than an ordinance as it would allow the City more flexibility. She also submitted some information on the subject for review. Council Liaison Benson and Commissioner Turgeon reviewed discussions and action taken by the Council at its April 24 meeting. Nielsen reported his attendance at a meeting of the Task Force Group Water Advisory Committee. 7. ADJOURNMENT Turgeon moved, Rosenberger seconded to adjourn the meeting at 11:30 p.m. Motion passed 6/0. RESPECTFULL Y SUBMITTED, Lord L. Kopischke Recording Secretary TimeSaver Off Site Secretarial . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 16, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7 :00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Kolstad, Lizee, Pisula, and Turgeon; and Planning Director Nielsen. Absent: Commissioners Foust and Rosenberger. APPROVAL OF MINUTES Turgeon moved, Pisula seconded to approve the May 2, 1995 Commission meeting minutes. Motion passed 5/0. 1. USE OF CHEMICAL FERTILIZERS, PRESENTATION BY TOM MAPLE, CHAIR OF MINNEHAHA CREEK WATERSHED DISTRICT Mr. Eugene Strommen, District Director and Mr. John Thomas, Board Representative, were present to represent the Minnehaha Creek Watershed District. Mr. Strommen explained the Watershed District's role of custodian and agency to maintain ground surface water quality. One aspect of this was to prevent water pollution from any means. Particles used in lawn fertilizers add nutrients to the soil, which during rain, drain into the storm sewer system and then into the lakes and streams. He encouraged strong public education of the contents of fertilizer being spread on the lawns. He stated the Watershed District does advocate a ten to twelve foot natural buffer next to lake shore where no fertilizer should be applied. Mr. Thomas stressed the importance of public education and individual responsibility in regards to fertilization. He reported that most commercial lawn services do use low phosphorous fertilizers. He felt the biggest problem is the fertilizer bought and applied by residents. Mr. Strommen explained that ordinances he is aware of regulate when residents can fertilize, that fertilizer be kept off hard surfaces, limit the amount of phosphorous which can be used, and allow the City to request a sample of the fertilizer being applied. Lizee reported she had contacted eight to ten commercial lawn services and most had a fertilization program available which used low phosphorous fertilizer. Commissioner Foust arrived at 7:25 p.m. Mr. Strommen suggested the Commission proceed with a strong public education campaIgn supported by a City Ordinance which could be enforced in cases where necessary. He also suggested licensing of commercial fertilizer applicators. 2. DISCUSS TREE PRESERVATION ORDINANCE Nielsen dispersed an outline of the suggested approach to Tree PreservationlReforestation which staff is recommending and Tree Preservation Handout for individual lots which is used by the City of Lino Lakes. He indicated four basic understandings the City needs to address when dealing with this issue. They are that the City of Shorewood is approximately 85% developed, the Tree . . . PLANNING COMMISSION MINUTES May 16, 1995 - PAGE 2 PreservationJReforestation regulations have to balance with other regulations (such as the zoning ordinances) which are already in place, the property owner's right to make reasonable use of their land, and that some varieties of trees are more valuable than others. Nielsen went through the outline in detail. Nielsen explained that the Tree Preservation handout used by the City of Lino Lakes worked very well. Under this policy, a tree preservation plan, prepared by a land surveyor or landscape architect has to be submitted and reviewed by the City before a building permit will be issued. The Commissioners considered the outline and the City of Lino Lakes' handout. Kolstad asked if it would be possible to designate certain existing wooded areas as protected forest areas in a manner similar to the wetland areas. There was Commission consensus to proceed with the outline and the handout with an addition under E. Tree Replacement Ratio "A maximum of eight trees be replaced per acre.", and the age of a tree be determined by growing seasons rather than years. Nielsen indicated he would investigate the possibilities available for existing wooded areas. There was Commission consensus to hold only one me~ting in July which is scheduled for July 18, 1995 at 7:00 p.m. 3. MATTERS FROM THE FLOOR Turgeon reported she was contacted by Gloria Hentges regarding the Katter Development at the Gideons Wood property. Nielsen indicated Mr. Katter had been sent notice and had not complied. He stated he would call the Public Works Department and schedule a clean up as soon as possible. Lizee dispersed copies of a flyer for the Shorewood Parks Festival scheduled for May 20, 1995 and indicated there are still volunteers needed. Borkon inquired as to the status of the Pastuck wetland setback issue. Nielsen reported John Pastuck is scheduled to appear before the Council on May 22, 1995 on an informal basis and that Mr. Pastuck's attorney has been in contact with the City Attorney. 4. REPORTS - None. 5. ADJOURNMENT Foust moved, Pisula seconded to adjourn the meeting at 9:10 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 6, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:01p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Kolstad, Lizee, and Turgeon; Council Liaison Benson and Planning Director Nielsen. Absent: Commissioners Pisula and Rosenberger. APPROVAL OF MINUTES Turgeon moved, Lizee seconded to approve the May 16, 1995 Commission meeting minutes. Motion passed 5/0. Steve Dzurak and his son addressed the Planning Commission and thanked the members for the help they had given them at the last meeting when the boy hurt his finger in the door. 1. 7:00 PUBLIC HEARING. SIMPLE SUBDIVISION/COMBINATION AND SETBACK VARIANCE Applicant: Location: Wallace King 25620 Birch Bluff Road Chair Borkon announced the case and outlined the procedures for a public hearing. Nielsen reviewed the background related to the applicant's request to change the property line between the King's lot at 25620 Birch Bluff Road and their son's lot at 25660 Birch Bluff Road. Mr. King is requesting this change so he will be able to expand his existing home. The lot is currently substandard in width and in square feet of area. He intends to buy 33 feet from his son. Both lots will then conform with Shorewood zoning requirements. Nielsen reported the existing garage will be removed and replaced. Mr. King has requested a variance to allow the addition to be 10 feet from the fire lane. Nielsen indicated there is precedence to grant this variance. He stated fire lanes are generally treated more like park property than street right-of-way. He indicated staff recommends approval of the subdivision/combination and setback variance with six stated conditions as it results in a greatly increased conformity with Shorewood's zoning requirements and is necessary in order for the applicant to make reasonable use of his property. Chair Borkon opened and closed the public hearing at 7: 15 p.m. since no one appeared to address the Commission. The Commissioners considered the application. Foust asked if the Fire Department had use for the fire lane. Nielsen explained the City performed a lengthy fire lane study and decided to retain the fire lanes rather than vacate them. They were then classified for different types of use. The Eureka Road fire lane is designated as a Class III fire lane which allows pedestrian access to the lake, fishing and launching canoes and small boats not requiring a trailer. The Commissioners agreed the criteria for granting a variance was met. PLANNING COMMISSION MINUTES June 6, 1995 - PAGE 2 . Turgeon moved, Lizee seconded to recommend to the Council that it approve the subdivision/combination and setback variance for Wallace King, 25620 Birch Bluff Road subject to staff recommendations. Motion passed 5/0. The Council will consider the recommendation at its June 12, 1995 meeting. 2. 7:15 PUBLIC HEARING - SETBACK VARIANCE Applicant: Location: Rick and Maureen Spencer 4350 Dellwood Lane . Chair Borkon announced the case. Nielsen reported Rick and Maureen Spencer were requesting a setback variance for their property located at 4350 Dellwood Lane to allow for the addition of a deck and a screened porch which would extend into the rear yard setback and necessitate a 16- foot variance. He reported the property has 24,944 square feet of area, is zoned R-IC/S and is subject to Shoreland District regulations. Nielsen explained the configuration of the lot is unusual as the lake is on one side, a street on the other and the sides abut other properties which results in a very limited amount of buildable area. The original owner, rather than pursue a variance, built a home that conformed to the lot. He indicated staff suggested the lot be treated the same as the lots to the north which orient to the lagoon by rearranging the building setbacks, creating a usable, buildable area. He indicated the variance was justified by the configuration of the lot, it would allow the property owner to make reasonable use of the lot, and the situation was not brought about by the owner himself. He reported staff recommends the variance be granted subject to the condition that a 35-foot setback will be maintained along the east end of the lot. The change in setbacks would be documented in a resolution, incorporated with a drawing for reference for any future owner of the property. Chair Borkon opened and closed the public hearing at 7:30 p.m. since no one appeared to address the Commission. The Commissioners considered the application. Kolstad questioned the rationale for the large rear setback. Turgeon questioned the amount of hard cover area. Nielsen explained the ordinance defines the front of the property as the smallest distance which abuts a street and all other definitions extend from that. This allows consistency which provides for larger open spaces. Nielsen indicated the amount of hard cover area would be 19.62%. Turgeon moved, Kolstad seconded to recommend to the Council that it approve the variance request for Rick and Maureen Spencer, 4350 Dellwood Lane subject to staff recommendation. Motion passed 5/0. The Council will consider the recommendation at its June 12, 1995 meeting. 3. 7:30 PUBLIC HEARING - SETBACK VARIANCEIVARIANCE TO EXPAND A NONCONFORMING STRUCTURE Applicant: Location: Manuel Silva 5815 Ridge Road . Chair Borkon announced the case. Nielsen indicated Mr. and Mrs. Silva are requesting a setback variance to build an attached garage with a room addition above. This property is zoned R-INS, Single-Family Residential and is subject to Shoreland District regulations. He indicated the existing home is nonconforming in regards to the front yard setback to Ridge Road. As Ridge Road is a private road, the setback is measured from a point 15 feet out from the traveled surface . . . PLANNING COMMISSION MINUTES June 6, 1995 - PAGE 3 resulting in a 65 foot front yard setback. Mr. Silva is requesting to locate the garage/addition 30 feet from the traveled surface of Ridge Road which would require a 35 foot variance. He indicated the applicant cites steep topography as the justification for the variance. Nielsen reported staff recommends approval of the variance due to the steep topography, subject to the City Engineer's advice as to whether the turning radius for the driveway should be increased. He indicated forcing a 65 foot setback would result in considerable site alteration and a steep driveway. Chair Borkon opened and closed the public hearing at 7:40 p.m. since no one appeared to address the Commission. The Commissioners considered the request. In response to Turgeon, Nielsen indicated the hard cover area was within the requirements. Lizee moved, Turgeon seconded to recommend to the Council that it approve a setback variance for Manuel Silva, 5815 Ridge Road subject to staff recommendations. Motion passed 5/0. The Council will consider the recommendation at its June 12, 1995 meeting. 4. 7:45 PUBLIC HEARING - AMENDMENT TO CONDITIONAL USE PERMIT FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET Applicant: Location: Greg Karas 5600 Star Lane Chair Borkon announced the case. Nielsen indicated that in June of 1994, Mr. Karas had received a conditional use permit to build a detached garage on his property at 5600 Star Lane. Mr. Karas has now decided he would like to enlarge the garage and attach it to his home. The proposed garage will be the same width but deeper. Nielsen indicated the proposal does meet the four conditions regulating accessory space. He reported there had been concern at the public hearing in June of 1994, that Mr. Karas would be using the garage for purposes other than residential and specific provisions were put in the CUP to regulate this. These conditions would still apply. Nielsen stated staff recommends approval of the revised CUP based on this analysis. Greg Karas, indicated his neighbor Mr. Carlson was in attendance at the meeting and supported the request. Chair Borkon opened and closed the public hearing at 7:50 p.m. since no one appeared to address the Commission. The Commission considered the application. Turgeon moved, Lizee seconded to recommend to the Council that it approve the revised C.U.P. for accessory space in excess of 1200 square feet for Greg Karas, 5600 Star Lane subject to staff recommendations. Motion passed 5/0. The Council will consider the recommendation at its June 12, 1995 meeting. There was Council consensus to consider item #6 of the agenda prior to item #5. 6. SIMPLE SUBDIVISION/COMBINATION Applicant: Location: St. John's Church and Don Huntington 680 Mill Street (Excelsior) and 21990 Brackett's Road . . . PLANNING COMMISSION MINUTES June 6, 1995 - PAGE 4 Chair Borkon announced the case. Nielsen indicated St. John's Church owns a vacant parcel of land located west of Don Hungtington's property of which they are proposing to convey a small triangle of the land to Mr. Huntington. This will bring Mr. Huntington's property into conformance with the zoning ordinance. This will also provide the Hungtington property with direct frontage to a public street. Nielsen indicated staff recommends approval of the division/combination subject to four conditions. Mr. Court McFarland, representing St. John's Church indicated this was an agreement which was made several years ago and finally being completed. Turgeon moved, Foust seconded to recommend to the Council that it approve the simple subdivision and combination for St. John's ChurchIDon Hungtington, 680 Mill Street (Excelsior)/21990 Brackett's Road subject to staff recommendations. Motion passed 5/0. The Council will consider the recommendation at its June 12, 1995 meeting. 5. 8:00 PUBLIC HEARING - CONDITIONAL USE PERMIT TO ALLOW FILL IN EXCESS OF 100 CUBIC YARDS Applicant: Location: Roxanne Martin 5750 Christmas Lake Road Chairman Borkon announced the case. Nielsen indicated Roxanne and Steve Martin, 5750 Christmas Lake Road are proposing to construct a landscape berm across the front of their property which will require more than 100 cubic yards of fill. The property is zoned R-IA1S, Single- Family Residential and is subject to Shoreland District regulations. The proposed height of the berm is six feet with 4: 1 slopes. Nielsen stated a request of this type is analyzed by the City Engineer as there are concerns that the drainage cannot be blocked or redirected to other properties and the existing culvert cannot be blocked. He indicated there will be a field test performed. Staff has recommended erosion control by use of a silt fence or hay bales. Roxanne Martin, 5750 Christmas Lake Road, stated they are attempting to create a buffer from the traffic on Christmas Lake Road that looks natural. Chair Borkon opened and closed the public hearing at 8:07 p.m. since no one appeared to address the Commission. The Commission considered the application. Kolstad asked if the type of fill to be used was specified. Turgeon asked how far back from Christmas Lake Road the berm would be located. Nielsen indicated clean fill had to be used. He stated the berm cannot be located in the right-of- way. Lizee moved, seconded by Turgeon to recommend to the Council that it approve the conditional use permit to allow fill in excess of 100 cubic yards for Roxanne and Steve Martin, 5750 Christmas Lake Road subject to staff recommendations. Motion passed 5/0. The Council will consider the recommendation at its June 12, 1995 meeting. . . . PLANNING COMMISSION MINUTES June 6, 1995 - PAGE 5 7. REVIEW DRAFT OF WETLAND ORDINANCE AMENDMENT There was Commission consensus to postpone this matter to the June 20, 1995 Planning Commission meeting. 8. MATTERS FROM THE FLOOR - None. 9. REPORTS Lizee reported her attendance at the May 23rd Park Commission meeting. She attended the meeting to make the Commissioners aware of the intention of Lundgren Bros. to dedicate four acres of open space along Smithtown Road and the desire of the citizens to have this used for a bike and/or hiking trail. Nielsen indicated Lundgren Bros. had submitted a preliminary plat and that would be forwarded to the Park Commission for specific consideration. Chair Borkon reported her attendance at a meeting with the Christmas Lake Homeowners Association and Diane of the City of Chanhassen. She reported Diane appears willing to work with the Homeowners and the City of Shorewood to maintain the water quality of Christmas Lake. Turgeon inquired as to the Snowmobile Task Force. Nielsen indicated the City Council was developing a task force to look into the ordinance. Benson inquired as to the summer meeting schedule of the Commission. Nielsen indicated the Planning Commission would meet on June 20th, July 18th, August 1st and August 15th. Foust inquired as to the Grady property and the property at 4390 Enchanted Point. Nielsen reported the City Attorney had been in contact with Mr. Grady and informed him he could not live on the property without a certificate of occupancy. He has one year to complete the project and obtain a certificate of occupancy. If he continues to occupy the property, the City can take the case to court. He reported the owner of the property on Enchanted Point did remove one double tree and one other tree before the City was aware of his plans. He has since been asked to submit a tree inventory and a plan for treatment of the shoreline. The City has asked him to replace five trees for the ones removed in accordance with the tree preservation ordinance. Lizee asked what action had been taken in regards to the hazardous property on Smithtown Road. Nielsen indicated the building was secure by the time of the Council meeting. Foust reported renewal of the Triax Cable agreement was being discussed at the Lake Minnetonka Cable Commission meeting. There was Commission discussion of the options and opportunities which may be available to the City via Triax Cable. Benson asked that Foust appear before the Council to discuss this issue also. There was Commission consensus to look into how these options could work into the Comprehensive Plan. 10. ADJOURNMENT Kolstad moved, Lizee seconded to adjourn the meeting at 9:00 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 20, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:06 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust (arrived at 7:15 p.m.), Kolstad, Lizee, Rosenberger, Pisula, and Turgeon; and Council Liaison Benson (arrived at 7:14 p.m.) and Planning Director Nielsen. Absent: None. APPROVAL OF MINUTES Turgeon moved, Lizee seconded to approve the June 6, 1995 Commission meeting minutes. Motion passed 5/0. (Councilmembers Pisula and Rosenberger abstained as they were not present at the June 6, 1995 meeting.) 1. REVIEW DRAFT OF TREE PRESERVATION POLICY The Commissioners considered the second draft of the tree preservation and replacement policy. Council Liaison Benson arrived at 7:14 p.m. Commissioner Foust arrived at 7: 15 p.m. There was Commission consensus in Section III, Significant Trees, that elm be removed from the last sentence. Council Liaison Benson asked how Section IV, B. 1 ad. would be handled. Nielsen explained an escrow for original tree replacement will be part of the developers agreement. A percentage will be released after the first growing season, with any remaining funds released upon completion of the second full growing season. He indicated these funds will not be accepted in the form of performance bonds but in cash escrow, letters of credit, or certificate of deposit. There was considerable discussion in regards to the amount of financial guarantee and the responsibility of maintaining trees. There was Commission consensus this ordinance would be all inclusive including developments and individual construction of new principal buildings. There was Commission consensus to reword Section VI, AS. to read "Any alteration to protective zone of the specimen trees or stands of trees must be approved by the Zoning Administrator" . There was Commission consensus in Section VI, C2. to add to the last sentence "and replace any trees lost on-site due to the disease." Nielsen indicated he would work Appendix B into the body of the policy and "bobcat" would be replaced with rubber tire skid steered loader. There was Commission consensus to change the first sentence in Appendix C to become item 1. c (3). There was considerable discussion regarding the purpose statement of the policy. Nielsen indicated he would revise the statement. . . . PLANNING COMMISSION MINUTES June 20, 1995 - PAGE 2 2. REVIEW DRAFT OF WETLAND ORDINANCE AMENDMENT There was no discussion regarding the wetland ordinance amendment. 3. MATTERS FROM THE FLOOR -None. 4. REPORTS There was discussion regarding the Snowmobile Task Force being established by the City Council. Commissioner Kolstad indicated she would be interested in being a member of the Task Force. Chair Borkon reported her attendance at a Christmas Lake Homeowners Association meeting. She indicated there had been many complaints regarding the increased traffic on the lake and beavers. She reported there was discussion of the possibility of additional signage at the access and parking area and also additional surface water regulations. Commissioner Foust reported he had received a call from the City Administrator regarding upgrade of the audio-visual equipment used by the City Council. 5. ADJOURNMENT Turgeon moved, Rosenberger seconded to adjourn the meeting at 10:06 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 18, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. . MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:02 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Lizee, Pisula, Rosenberger, and Turgeon; Council Liaison Benson (arrived at 7:28 p.m.) and Planning Director Nielsen. Commissioner Kolstad. Absent: APPROVAL OF MINUTES Foust moved, Rosenberger seconded to approve the June 20, 1995 Commission meeting minutes as amended on Page 1, under Approval of Minutes, replace "May 16" with "June 6" and on Page 1, under Review Draft of Tree Preservation Policy, replace "Tress" with "Trees". Motion passed 6/0. 1. 7:00 PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET Applicant: Location: John Erickson 23785 Yellowstone Trail . Chair Borkon announced the case and outlined the procedures for a public hearing. Nielsen reported Mr. John Erickson has undertaken substantial remodeling and renovation of the property located at 23785 Yellowstone Trail. As part of the project, Mr. Erickson is demolishing the existing garage and replacing it with a new garage. A C.U.P. is required since the area of the new garage combined with the existing outbuilding exceeds 1200 square feet. Nielsen indicated the proposed garage measures 24 feet by 42 feet and contains 1008 square feet of area resulting in the total area of accessory structures on the site to 1968 square feet. The existing home contains 2042 of square feet. The proposal complies with the four required criteria for a C.U.P. Staff is recommending approval of the c.u.P. Mary J. Heinen, architect, indicated the Ericksons want to be certain the garage is compatible with the site. Chair Borkon opened and closed the public hearing at 7:14 p.m. since no one appeared to address the Commission. The Commissioners considered the application. Pisula moved, Lizee seconded to recommend to the Council that it approve the C.U.P. for accessory space in excess of 1200 square feet for John Erickson, 23785 Yellowstone Trail subject to staff recommendations. Motion passed 6/0. The Council will consider the recommendation at it's August 14, 1995 meeting. . . . . PLANNING COMMISSION MINUTES July 18, 1995 - PAGE 2 2. 7:15 PUBLIC HEARING - C.U.P TO CONSTRUCT A SINGLE-FAMILY DWELLING ON A SUBSTANDARD LOT IN THE SHORELAND DISTRICT AND SETBACK VARIANCE Applicant: Location: Mark Haymaker 4300 Enchanted Drive Chair Borkon announced the case. Nielsen reported Mr. Haymaker is proposing to build a new home at 4300 Enchanted Drive. He indicated since the lot does not comply with the area requirements of the R -1 CIS zoning district or the shoreland district requirements, the law requires the applicant to apply for a C. U.P. He reported the applicant is also requesting a 21 foot front yard setback rather than the required 35 foot setback. Nielsen indicated this request complies with the criteria required for granting a C.U.P. and also a variance. He indicated Staff is recommending the house be shifted on the lot to avoid the necessity of a retaining wall and to save a cluster of oak trees located on the south side of the applicant's property and also some large trees on the adjoining lot. Council Liaison Benson arrived at 7:28 p.m. Mr. Mark Haymaker, 4300 Enchanted Drive, indicated it was of the utmost importance to him to try to save the trees on the lot due both to cost and appearance. He stated the house was oriented in a way to best meet the energy code. He indicated he would be happy to work with the architect. Chair Borkon opened the public hearing at 7:32 p.m. Mr. Ernest Marciniak, 4325 Enchanted Drive, asked if the twelve foot easement for the dry hydrant and the evergreen trees would be retained. Mr. Haymaker indicated they would be retained. Mr. Karl Schuele, 4320 Enchanted Drive, indicated he was concerned regarding the trees. He showed the Planning Commission a picture of the existing trees on the lot. He indicated he believed the installation of a retaining wall would chop off the roots of the trees. He asked if this was a summer home and if so who would be responsible for maintenance, what the facade of the home would look like, and if the home would be built on pilings. Mr. Haymaker indicated he intended to homestead the property and he would be obtaining soil tests for the building pad after he received Planning Commission approval. Nielsen displayed a sketch of the proposed facade for the public to view. Mr. Vernon Faaberg, 4340 Enchanted Drive, expressed his approval of the diagram presented by staff in which the house was shifted on the lot to avoid the necessity of the retaining wall and would save the existing tress. Chair Borkon closed the public hearing at 7:39 p.m. The Commissioners considered the application. Foust commented the Commission had spent a lot of time working on the tree preservation policy and he felt this was a situation where it was applicable. There was discussion as to the time frame when this would be before the City Council if it was tabled for two weeks. There was Commission consensus to table this request to allow the applicant to resolve the issues in question. Rosenberger moved, Turgeon seconded to table the request for the C. U.P. to construct a single-family dwelling on a substandard lot in the Shoreland District and setback variance for Mark Haymaker, 4300 Enchanted Drive until the August 15, 1995 Planning Commission meeting. Motion passed 6/0. . . . PLANNING COMMISSION MINUTES July 18, 1995 - PAGE 3 3. SIMPLE SUBDIVISION / COMBINATION Applicant: Location: Ron Miller 26705 Edgewood Road Chair Borkon announced the case. Nielsen explained that Mr. Miller owns property that is part of the Boulder Ridge Estates. Mr. Miller is proposing to trade 5177 square feet of his land for an equal amount of Mr. Bottiger's property. This will allow Mr. Miller access to the Belongia / Comeaux property in order to share driveway access. Nielsen reported Mr. Miller has supplied staff with the drainage and utility easement over Parcel C and the use and maintenance agreement for the shared driveway. Staff is recommending approval of the simple subdivision/combination. The Commissioners considered the request. Rosenberger moved, Lizee seconded to recommend to the Council that it approve a simple subdivision / combination for Ron Miller, 26705 Edgewood Road subject to staff recommendations. Motion passed 6/0. The Council will consider the recommendation at it's August 14, 1995 meeting. 4. SIMPLE SUBDIVISION / COMBINATION Applicant: Location: William Bukovec 5335 Eureka Road / 25520 Orchard Circle Chair Borkon announced the case. Nielsen reported Mr. and Mrs. Bukovec, owners of the property at 5335 Eureka Road, propose to acquire a 20 foot by 150 foot strip of land from the property to the east. This property was platted as a flag lot prior to the construction of Orchard Circle. Nielsen indicated both lots meet or exceed the size requirements of the R-IC zoning district. Staff is recommending approval of the simple subdivision / combination. The Commission considered the application. Rosenberger moved, Pisula seconded to recommend to the Council that it approve the simple subdivision / combination for William Bukovec, 5335 Eureka Road / 25520 Orchard Circle subject to staff recommendations. Motion passed 6/0. The Council will consider the recommendation at it's August 14, 1995 meeting. 5. SMITHTOWN ROAD PROPERTIES P.U.D. - DEVELOPMENT STAGE PLAN Applicant: Location: Lundgren Bros., Inc. 76.5 acres north of Smithtown Road, west of Minnewashta School Chair Borkon announced the case. Nielsen reported last month Lundgren Bros. received Concept Plan approval for the proposed development located 76.5 acres north of Smithtown Road, west of Minnewashta School. He indicated there is still some discussion in regards to the strip of land between Smithtown Road and the wetlands. The wetlands should be dedicated to the City and use of the strip and designation of the trail are subject to the Park Commission's recommendation. He noted the preliminary plat does not include street names or a plat name. This issue must be resolved prior to the final platting. The front yard setbacks will be 35 feet, rear setbacks 40 feet, . . . PLANNING COMMISSION MINUTES July 18, 1995 - PAGE 4 side setbacks 10 feet, side abutting street 35 feet, wetland buffer/setback 35/15 feet, and the enhanced wetland buffer on the westerly lots 50/15 feet. Staff, the developer and representatives of the Minnetonka School District are still working to resolve the location of the water tower. This issue should be resolved by next month. Nielsen stated the construction will be completed in two phases from west to east. Plans for wetland mitigation must be approved by the Minnehaha Creek Watershed District. On-site ponding should be designed to National Urban Runoff Program standards and detailed runoff calculations must be provided by the developer and approved by the City Engineer. The developer has submitted a tree inventory and still must submit a tree preservation and replacement plan. Nielsen indicated landscape islands proposed for the cul-de-sac are consistent with those which were recently proposed for Brynmawr Place. The fees include park dedication fees of $24,000, local sanitary sewer access charge of $32,000, water assessment fee of $165,000 and trunk water charge of $160,000. The developer may request the trunk and water assessment charges be assessed to the property. Staff is recommending approval subject to all recommendations in staff report. Mr. Terry Forbord indicated he agreed with each item addressed except item #10 in regards to fees. He indicated there were 31 lots rather than 32 lots as stated. He also did not agree with the water assessment and trunk water charge as he did not believe the benefit was commensurate with the assessment. Nielsen reported the City Engineer has reviewed the plan from an engineering point and has already spoken with the developer's engineer and resolved all issues. Lizee indicated she felt it was very important to retain the land north of Smithtown Road as a trail area. She asked if the loop road would be completed in Phase 1 of the development. She also questioned if Block 1, Lots 8 and 9 could share a driveway to reduce hard cover area. Lizee also indicated she would like a covenant included which required only phosphorous-free fertilizers be used in this development. Mr. Forbord indicated the decision as to when the loop road would be completed has not been made at this time. Nielsen indicated it could be stated in the development agreement that the developer is encouraged to consider combining access for Lots 8 and 9. Rosenberger indicated his concern that the developer did not approve of the water assessment and trunk water charge. Nielsen indicated the City requires the developer provide City water when it is made available. If the developer does not provide City water, the project is deemed a premature subdivision and cannot be developed. Pisula expressed concern with the alignment of Cathcart Road and the proposed new street. Nielsen indicated staff recommends it be in the Capitol Improvement Program immediately and may be realigned within one year. Rosenberger asked the status of Bill Keeler's property. Nielsen indicated the City Engineer is presently preparing a report which should be available by August 1, 1995. Pisula moved, Turgeon seconded to recommend to the Council that it approve development stage plans and preliminary plat for Smithtown Road Properties P.U.D., Lundgren Bros., 76.5 acres north of Smithtown Road, west of Minnewashta School subject to staff recommendations as contained in the July 13, 1995 staff report. Motion passed 5 ayesll naye. (Rosenberger indicated he voted naye as he was troubled by the fact that the developer does not accept the fee schedule for the water assessments and trunk water charge.) . . . PLANNING COMMISSION MINUTES July 18, 1995 - PAGE 5 Mr. Forbord thanked Mr. Nielsen, indicating he, Mr. Hurm, and Mr. Dresel had all been very helpful. The Council will consider the recommendation at it's August 14, 1995 meeting. 6. MATTERS FROM THE FLOOR - None. 7. REPORTS Benson reported the City Council is still attempting to create a Snowmobile Task Force. He also reported the County HRA Board has agreed to help with financing of the Senior Center. Staff was directed to change Commissioner Turgeon's telephone suffix from 4140 to 4105 and to provide the Commission with an updated City roster. In response to Turgeon, Nielsen indicated the clean up of the Katter Development at the Gideon's Wood property can be anticipated any time. Chair Borkon expressed her concern with the appearance of the land on Highway 7 directly across from the Larson property. 8. ADJOURNMENT Rosenberger moved, Lizee seconded to adjourn the meeting at 9:20 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial J CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, AUGUST 1, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. . MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:04 p.m. ROLL CALL Present: Chair Borkon; Commissioners Kolstad, Lizee, Pisula, Rosenberger and Turgeon; Council Liaison Benson and Planning Director Nielsen. Commissioner Foust. Absent: APPROVAL OF MINUTES Pisula moved, Turgeon seconded to approve the July 18, 1995 Commission meeting minutes as amended on Page 4: Paragraphs 2 and 5, and Page 5: Paragraph 1, replacing "Forberg" with "Forbord" and Page 5: Paragraph 1, replacing "Dressel" with "Dresel". Motion passed 6/0. 1. 7:00 PUBLIC HEARING. C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET Applicant: Location: Kurt Scheurer 26930 Edgewood Road . Chair Borkon announced the case and outlined the procedure for a public hearing. Nielsen reported Mr. Scheurer owns the home at 26930 Edgewood Road. Mr. Scheurer is proposing a significant remodeling of the existing home which includes an attached garage. The property is located in the R-1A/S, Single-Family ResidentiallShoreland zoning district and contains 43,310 square feet of area. The existing home plus the new addition will contain 3028 square feet of area on the first floor and 3469 square feet on the second floor. The existing detached garage contains 452 square feet of area and the new attached garage will measure 26 feet by 47 feet, containing 1174 square feet of area. This results in a total of 1626 square feet of accessory space on the property which exceeds the 1200 square foot maximum. The four criteria required to grant a C.U.P. are met. Hard cover surface is 25%. Nielsen indicated staff is recommending approval of the C. U.P. subject to drainage being approved by the City Engineer and lot coverage not exceeding 25% of the total lot area. Mr. Kurt Scheurer, 26930 Edgewood Road, stated he would like to retain the existing garage for additional storage as the basement is very wet. Chair Borkon opened and closed the public hearing at 7: 11 p.m. since no one appeared to address the Commission. In response to Commissioner Turgeon, Nielsen indicated any significant landscaping done on the site would have to be done with landscape fabric rather than poly to maintain the percentage of hard cover on the lot. . Rosenberger moved, Pisula seconded to recommend to the Council that it approve the C.U.P. for accessory space in excess of 1200 square feet for Kurt Scheurer, PLANNING COMMISSION MINUTES August 1, 1995 - PAGE 2 . 26930 Edgewood Road subject to staff recommendations, drainage approval by the City Engineer and that hard cover not exceed 25 %. Motion passed 6/0. The Council will consider the recommendation at it's August 28, 1995 meeting. 2. 7:15 PUBLIC HEARING - SETBACK V ARIANCEN ARIANCE TO EXPAND A NONCONFORMING STRUCTURE Applicant: Location: Jim Kantola 20845 Radisson Road Chair Borkon announced the case and outlined the procedure for a public hearing. Nielsen reported Mr. Kantola owns the home at 20845 Radisson Road and is requesting a variance of 19 feet to build a garage measuring 20 feet by 22 feet connected to the house by a six foot by eight foot entry. Nielsen indicated the property contains 29,602 square feet of area and is zoned R- 1 CIS Single-Family Residential/Shoreland. He stated the site has an unusual configuration and requiring the garage be built on the buildable area of the lot would require significant site alteration. He indicated the criteria required to grant a variance are met. Staff is recommending approval of the variance request to build the proposed garage. Nielsen reported Mr. Kantola is also requesting a variance to reconstruct a non-conforming deck on the property. He stated there was not justification for granting this variance and there was room to build a deck on the buildable area of the lot. Staff is recommending denial of this variance request. . . Mr. Chuck Van Heckout, indicated the house is being built for resale and it is possible the customer may desire a slightly different garage. He asked the Commission to allow as much flexibility as possible while staying within the setback. He also asked the Commission to grant any variance possible for the deck as this was the most optimum location for the deck on the property. Chair Borkon opened the public hearing at 7:24 p.m. Mr. John Hung, 20885 Radisson Road, commended Mr. Kantola for his improvements to the house. He stated he did not see the rationale for building the deck on this portion of the house. He indicated the deck had not been a problem before because the previous owner had trees between the deck and Mr. Hung's property and had not used the deck as it was unsafe. Mr. Kantola has since removed the trees in the area and the deck has become much more visible. Mr. Hung stated the proposed location of the deck would affect the enjoyment of use of his property and also the property value. He asked the Commission to stay within the Zoning Code for this proposal. Chair Borkon entered a letter from Mr. John Hung, dated July 28, 1995, into record. Chair Borkon closed the public hearing at 7:29 p.m. . The Commissioners considered the application. Nielsen indicated the removal of trees was a valid point and did add to the desirability of maintaining the setback. He stated it would be appropriate to allow the garage to be as large as 24 feet by 24 feet as long as the setback and end loading design from the east end was maintained. There was Commission consensus that a variance for the deck was not justified. PLANNING COMMISSION MINUTES August 1, 1995 - PAGE 3 . Rosenberger moved, Lizee seconded to recommend to the Council that it deny the variance request to reconstruct the existing deck on the west side of the house for Jim Kantola, 20845 Radisson Road. Motion passed 6/0. Turgeon moved, Rosenberger seconded to recommend to the Council that it approve the variance request of 19 feet to construct up to a 24 foot by 24 foot garage, maintaining a 16 foot setback and end loading garage design for Jim Kantola, 20845 Radisson Road. Motion passed 6/0. The Council will consider the recommendation at it's August 28, 1995 meeting. 3. 7:30 PUBLIC HEARING - SETBACK VARIANCE AND VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Applicant: Location: Robert West 5815 Ridge Road . Chair Borkon announced the case and outlined the procedure for a public hearing. Nielsen explained this was a revision to a variance granted to Mr. Manuel Silva in June of 1995 to build a garage at 5815 Ridge Road. Mr. West has since purchased the property and is proposing a single-story garage with a basement built into the hill. The garage will be detached except for a covered walkway between the house and garage. This structure will contain a smaller footprint than the previous proposal and will be less noticeable as it is built into the hill. Nielsen reported all criteria for granting a variance are met. Mr. West is also proposing to repair the existing deck and concrete walkway. Staff is recommending approval of the variances as requested. Chair Borkon opened and closed the public hearing at 7:48 p.m. since no one appeared to address the Commission. The Commissioners considered the request. In response to Rosenberger, Nielsen indicated Mr. West has proposed various solutions for the well that will work. Pisula moved, Turgeon seconded to recommend to the Council that it approve a setback variance and variance to expand a non-conforming structure for Rob West, 5815 Ridge Road subject to staff recommendations. Motion passed 6/0. The Council will consider the recommendation at it's August 28, 1995 meeting. 4. 7:45 PUBLIC HEARING - SETBACK VARIANCE AND VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Applicant: Location: Stephen and Joan Olson 20760 Radisson Road Chair Borkon announced the case and outlined the procedure for a public hearing. . Nielsen reported Stephen and Joan Olson own the property at 20760 Radisson Road and are requesting a setback variance to add a one-story addition to the east side of their house. The proposed addition measures 16 feet by 26 feet and will maintain the same 21 foot setback as the existing home. Nielsen indicated the criteria for granting a variance are met. The addition will bring the amount of hard cover on the lot to 25% and will restrict further building on the site. Staff is recommending approval of the variances with a provision the existing trees on the east side of the house be protected. . . . PLANNING COMMISSION MINUTES August 1, 1995 - PAGE 4 Mrs. Joan Olson, 20760 Radisson Road, explained the house is 100 years old and very small. She stated expanding in any direction would require a variance but this was the best option available as it would tie together other additions that had been done to the home. Chair Borkon opened the public hearing at 8:00 p.m. Ms. Joanne Herman, 20765 Radisson Road stated she has viewed the plans for the property and see~ it as an improvement to the neighborhood. She encouraged the Commission to grant the varIance. Chair Borkon closed the public hearing at 8:03 p.m. The Commission considered the application. Turgeon moved, Lizee seconded to recommend to the Council that it approve a setback variance and variance to expand a non-conforming structure for Stephen and Joan Olson, 20760 Radisson Road subject to staff recommendations. Motion passed 6/0. The Council will consider the recommendation at it's August 28, 1995 meeting. 5. 8:00 PUBLIC HEARING - CONSIDER AMENDMENT TO CHAPTER 1102. WETLAND DEVELOPMENT Chair Borkon announced the case and outlined the procedure for a public hearing. Nielsen indicated this was part of the Comprehensive Plan update. He stated these requirements have been imposed on a number of developments to date including Heritage, Lundgren and Zachary Woods. He stated this is the minimum amendment to the code with the intent of further enhancement. Nielsen indicated this ordinance has also been enforced as part of the Comprehensive Plan amendment per direction of the City Attorney. Chair Borkon opened the public hearing at 8:15 p.m. Mr. John Pastruck, asked what analysis had been done to determine if this was desirable or recommended for the City of Shorewood. Chair Borkon explained the Planning Commission and City in general, feel it is a priority to protect the wetlands. The Planning Commission has studied what other communities use as standards and what could be integrated into the ordinance. She stated there is evidence that water run-off can be detrimental to the wetlands. Mr. Pastruck stated he felt there was plenty of wildlife outside of the urban area. He indicated he felt property owners rights were being overlooked. Mrs. Mary Pas truck asked if there would be any other public hearings before the final product was implemented to an actual ordinance. She also asked if there was a plan to regulate the cutting down of trees. Nielsen indicated this was the public hearing for the wetland ordinance. He stated this was a significant element of the Comprehensive Plan update and the City had received a lot of response in favor of the protection of the wetlands. . . . PLANNING COMMISSION MINUTES August 1, 1995 - PAGE 5 Chair Borkon closed the public hearing at 8:25 p.m. The Commission considered the amendment. Commissioner Kolstad indicated she would prefer the ordinance apply to all lots, not only to new developments. Nielsen suggested this was the first step to the ordinance. He suggested once this was in place, current lots of record could be addressed. Commissioner Rosenberger indicated he shared Commissioner Kolstad's concern. He stated he would like the ordinance to be more severe than it is. He asked if it was acceptable to enforce the ordinance on the three recent developments based on the Comprehensive Plan and under direction of the City Attorney without the ordinance in place. Nielsen confirmed this was correct and indicated sub-divisions or developments of any kind had to be consistent with the Comprehensive Plan. Pisula moved, Lizee seconded to approve the draft copy for the proposed amendment to Chapter 1102 wetland developments. Motion passed 6/0. The Council will consider the recommendation at it's August 28, 1995 meeting. Kolstad moved, Rosenberger seconded that there be further investigation in applying the provisions regarding wetland buffer strips and setback requirements in Section 1102.06, subd 2. or some variation thereof, to existing lots of record. Motion passed 6/0. In regards to the question posed earlier by Mary Pastruck, Chair Borkon indicated the Planning Commission is in the process of creating a policy for tree reforestation and preservation. Nielsen reported there could be a revised draft of the tree reforestation and preservation policy available as early as the next Planning Commission Study Session. A public hearing will be held in September and the City Council will vote on the ordinance the end of September. He urged anyone concerned with the policy to view the draft available to date. 6. 8:15 PUBLIC HEARING - REVISION TO PREVIOUSLY APPROVED SETBACK VARIANCE Applicant: Location: Richard Kowalsky 5740 Christmas Lake Point Chairman Borkon announced the case and outlined the procedure for a public hearing. Nielsen reported Mr. Kowalsky had corne before the Planning Commission earlier this year and received a variance to expand his existing home and add a garage at 5740 Christmas Lake Point. Upon finalizing his building plans, Mr. Kowalsky has determined that relocating the proposed garage would save a significant tree. The same rationale exists as did with the first variance request. Staff is recommending approval of the revised variance to move the garage north on the property. Chair Borkon opened and closed the public hearing at 8:56 p.m. since no one appeared to address the Commission. The Commission considered the application. . . . PLANNING COMMISSION MINUTES August 1, 1995 - PAGE 6 Turgeon moved, Rosenberger seconded to recommend to the Council that it approve the revised setback variance for Richard Kowalsky, 5740 Christmas Lake Point subject to staff recommendations. Motion passed 6/0. The Council will consider the recommendation at it's August 28, 1995 meeting. 7. SIMPLE SUBDIVISION / COMBINATION Applicant: Location: John Paulson 5615 Eureka Road Chair Borkon announced the case. Nielsen reported Mr. Paulson owned the property at 5615 Eureka Road and is proposing to subdivide his property into two lots. The site is located in the R- 1 C, Single-Family Residential zoning district and both lots would comply with the size requirements. Staff is recommending approval subject to six conditions. Rosenberger moved, Pisula seconded to recommend to the Council that it approve the simple sub-division / combination for John Paulson, 5615 Eureka Road subject to six stated conditions. Motion passed 6/0. 8. MATTERS FROM THE FLOOR - None. 9. REPORTS Council Liaison Benson reported the City has a water ordinance in place. Chair Borkon excused herself from the meeting at 9:07 p.m. Commissioner Lizee commended Brad Nielsen and the planning staff for the development of the wetland ordinance. She reported there had been many studies done by the DNR and other organizations that prove it is important to maintain the area around the wetlands. 10. ADJOURNMENT Turgeon moved, Lizee seconded to adjourn the meeting at 9:34 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial NOTE: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeouts for deletions. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, SEPTEMBER 5, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:02 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust (arrived at 7:06 p.m.), Kolstad, Lizee, Pisula, Rosenberger and Turgeon; Council Liaison Benson and Planning Director Nielsen. APPROVAL OF MINUTES Pisula moved, Kolstad seconded to approve the August 1, 1995 Commission meeting minutes amended by removing "Hard cover surface is 25 %." on Page 1, Paragraph 7 , Line 9. Motion passed 6/0. 1. 7:00 PUBLIC HEARING VARIANCE TO ALLOW AN ACCESSORY STRUCTURE ON A VACANT LOT Applicant: Location: James McCleary 5480 Carrie Lane Chair Borkon announced the case. Nielsen reported he had received a call from Mr. McCleary indicating he was withdrawing the request for a variance to allow an accessory structure on a vacant lot. Commissioner Foust arrived at 7:06 p.m. There was Commission consensus to address Agenda Item #6 prior to Agenda Item #2. 6. SIMPLE SUBDIVISION Applicant: Location: Alan Krutsch 25725 Smithtown Road Chairman Borkon announced the case. Nielsen indicated in 1990 a simple subdivision was approved for the property at 25725 Smithtown Road but the owners at that time, did not record the division and the approval has since expired. The current owner, Mr. Krutsch is now requesting the same subdivision. This subdivision would divide the property into two lots. One lot has an existing home and the other lot will be vacant. Both lots meet and exceed the requirements for the RI-C single family residential district. The westerly parcel will contain 47,084 square feet of area and the other 23,520 square feet of area. The difference in size is partly because the original owner wanted to keep the existing trees on the site. The only changes from the previous recommendation is the amount of the fees. The new lot will be subject to a $750 park dedication fee, a $1000 sewer charge, a $5000 trunk water charge and the subdivision is subject to water assessments of $5000 for each lot (one has already been assessed). Nielsen indicated staff is recommending approval subject to the recommendations in the original report. Commissioner Kolstad questioned why one lot had a backyard setback of 40 feet and the other a backyard setback of 10 feet. Nielsen indicated this was a due to the fact it is a triangular lot and the setbacks do meet code. . . PLANNING COMMISSION MINUTES September 5, 1995 - PAGE 2 Turgeon moved, Lizee seconded to recommend to the Council that it approve the simple subdivision for Alan Krutsch, 25725 Smithtown Road subject to staff recommendations. Motion passed 7/0. The Council will consider the recommendation at it's September 25, 1995 meeting. Councilmember Liaison Benson reported a representative of MNDOT had been present at the August 28 City Council meeting to report on the Christmas Lake Road intersection project. Re indicated construction was scheduled for 1996. MNDOT also reported the bridge into Excelsior is in bad repair and could last for as little as days or up to 10 years and there are no funds available to replace the bridge. Benson expressed concern regarding the traffic which would be rerouted to Christmas Lake Road if the bridge failed. Re expressed his dissatisfaction that the two projects were not being done together and indicated he was in receipt of a letter drafted by City Engineer to MNDOT explaining the City's view and asking MNDOT to contact Benson. 2. 7:15 PUBLIC HEARING - SETBACK VARIANCE 1 VARIANCE TO STRUCTURALLY ALTER A NONCONFORMING STRUCTURE Applicant: Location: John Runner 20625 Radisson Road Chair Borkon announced the case and outlined the procedure for a public hearing. Nielsen reported Mr. Runner owns the property at 20625 Radisson Road which contains a home which does not conform to the setback requirements of the R-IC/S, Single-Family ResidentiallShoreland zoning district. Mr. Runner is proposing to remodel the home by replacing the existing flat roof on the house with a gable roof. Construction of the gable roof will bring the ceiling heights in the upper level of the home into conformity with code. Mr. Runner is proposing to turn the gables sideways in order to minimize the height of the structure and have it resemble the old Radisson Inn. The proposal will not increase the floor area of the house. Mr. Runner is also proposing to remove an existing detached garage on the site and construct a new larger garage. The garage will be moved forward on the site and will create more yard area between the house and the garage and also make up for lack of storage in the existing home. The new garage meets all setback requirements and will decrease the hard cover surface, increasing conformity with City Code. The current driveway encroaches over the property line on the east side of the lot. The new driveway will correct this non-conformity as it will be contained on the applicants lot. There is also a fence on the comer of the lot which encroaches over the property line and will need to be moved onto the owners property. Nielsen indicated staff is recommending approval of the variance with the conditions that the applicant protect trees during construction and provide a cash escrow or letter of credit if the proposed garage is built before the other is tom down, to ensure that the improvements are completed within six months. Mr. John Runner provided the Commission with a photograph of the original Radisson Inn. Re stated the purpose of the design of the gable roof was to try to capture some of the old Radisson Inn and to reduce the visual impact to the neighbors. Re stated there is a lift station located on the comer of the lot with a concrete pad. The fence next to this pad is located on the neighboring property. Re indicated there is some confusion as the survey he and the neighbor, Mr. Gopan, had performed, was completed by the same surveyor but produced different results. Chair Borkon opened the public hearing at 7:34 p.m. Mr. Gene Gopan, 20645 Radisson Road, asked that the issue of the property line be rectified. . Mrs. John Rennie, indicated she lived on the east side of Mr. Runner and had no objection to the project. PLANNING COMMISSION MINUTES September 5, 1995 - PAGE 3 . Chair Borkon entered a letter received from Mr. John B. Wrede, 20595 Radisson Road into record. Chair Borkon closed the public hearing at 7:37 p.m. Nielsen stated the survey would have to be confirmed. He noted if anything was encroaching onto the neighboring property, the applicant would be obligated to bring it into conformity. Commissioner Foust asked if the size of the garage could be reduced to lower the amount of hard cover surface. Nielsen stated this is a small lot and the alteration of the driveway does reduce the amount of hard cover on the site by approximately 4%. Commissioner Foust asked if it would be practical to move the roof back to meet the setback of the lot. Nielsen indicated it would not. He stated if a new structure was built in the buildable area of the lot, it was likely a retaining wall of some type would have to be built where the existing structure is now located. In effect, there would have to be some type of structure located where the existing structure is now. Nielsen indicated the existing structure is very sound and does fall within the provision of the Zoning Code as the modification does not expand the structure. Commissioner Turgeon asked if the large tree next to the existing garage would be protected. Nielsen stated the tree would not likely survive. Commissioner Turgeon inquired as to the size of the garage. Nielsen indicated the garage will contain 1032 square feet of area. He stated Mr. Hunner is not planning to park cars in the entire area of the garage but will use a portion of the garage for storage and the new driveway will not extend the entire width of the garage. Mr. Hunner indicated the tree in question was a box elder and was not in very good condition. He stated he would like to remove the tree. Commissioner Turgeon asked is Mr. Hunner intended to store the two inoperable vehicles on the . property in the proposed garage. Mr. Hunner indicated he hoped to. Commissioner Kolstad stated she liked the plan but was concerned with removing the large tree. She asked if Mr. Hunner would be required to replace the tree. She also stated she would recommend the hard cover on the lot be brought closer to the shoreland requirements. Nielsen stated the tree replacement policy would require Mr. Hunner to replace the tree in question with three smaller trees. Chair Borkon inquired as to the landscaping that would be seen from the road and the design of the garage. Tom Ellison, Architect, indicated there is a lot of existing landscaping and additional landscaping had not been discussed. Mr. Hunner stated the garage had been moved closer to the road to attain more usable lot area and create more lawn. He indicated the garage will be screened from the road with existing landscaping. He stated the garage will tie in with the architectural character of the house. He again stated his intent to store the antique cars in the garage. Commissioner Rosenberger inquired as to City policy regarding the storage of "parts cars" outside. Nielsen stated they can be stored up to 30 days. Pisula moved, Rosenberger seconded to recommend to the Council that it approve the setback variance/variance request to structurally alter a nonconforming structure for John Hunner, 20625 Radisson Road subject to staff recommendation, resolve of the issue of the potential encroachment of the fence, the lift station and concrete pad, and replacement of the large tree in accordance with the tree preservation policy. Motion passed 7/0. The Council will consider the recommendation at it's September 25, 1995 meeting. . 3. 7:30 PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET PLANNING COMMISSION MINUTES September 5, 1995 - PAGE 4 . Applicant: Location: Jim and Julie Simondet 5390 Shady Hills Circle Chair Borkon announced the case and outlined the procedure for a public hearing. Nielsen indicated the Simondets are proposing to build a utility shed on the property located at 5390 Shady Hills Circle. The property is zoned R-1C, Single-Family Residential and a C.U.P. is required as the new shed will increase the accessory space to 1358 square feet. The proposal does meet all four criteria required to grant a C.U.P. He indicated the design of the proposed shed does not match the existing house but it is a standard building sold by a lumber yard which is used often. It will be screened from the east and south, is far enough back as to not be seen from the street and will be blocked from view by the house. He indicated staff had received an unsigned letter and two other letters in regards to the proposal. There was concern Mr. Simondet was operating a home occupation of restoring old cars. Nielsen stated he did not believe this was the case. He stated if there are inoperable cars stored outside, they will need to be kept inside and the City will monitor this. Nielsen indicated staff is recommending approval of the C.U.P. Jim Simondet, 5390 Shady Hills Circle, stated restoring old cars is a long term hobby not a business. He explained he has had a lot of vehicles which have come and gone. He reported he currently has a car which is covered and listed in the paper. If the car does not sell, it will be moved to storage. He indicated he also has a van, boat, camper, two cars, etc. and the utility shed will provide him with more storage area. Chair Borkon again questioned the City policy for outside storage of vehicles. Nielsen stated the ordinance prohibits storage of unlicensed or inoperable vehicles. If these vehicles are in repair, they can be stored for up to 30 days. . Mr. Simondet stated all vehicles on his property were operable, licensed and insured. Chair Borkon opened the public hearing at 8:10 p.m. Patrick Wilder, 5365 Shady Hills Circle, indicated he had received the public notice and was in attendance to obtain more information. He stated he had no objection to the utility shed. Mrs. Wilder expressed her full support also. Chair Borkon closed the public hearing at 8: 12 p.m. Chair Borkon entered the unsigned letter into record. She also entered letters from John W. McKey Jr. PID 25-117-23-44-0054, Lot 12 and Mark Hergt, 5395 Shady Hills Circle into record. Commissioner Lizee asked if any shrubs or trees would be required on the north side of the shed. Nielsen stated the shed was set back on the lot and screened quite well. Pisula moved, Turgeon seconded to recommend to the Council that it approve a C.U.P. for accessory space in excess of 1200 square feet for Jim and Julie Simondet, 5390 Shady Hills Road subject to staff recommendations and including language to remind of home occupations and outside storage on the site to be provided by City Council. Motion passed 7/0. The Council will consider the recommendation at it's September 25, 1995 meeting. 4. 7:45 PUBLIC HEARING - C.U.P. AND VARIANCE TO ALLOW ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET / VARIANCE TO TEMPORARILY ALLOW TWO SINGLE-FAMILY DWELLINGS ON ONE LOT . PLANNING COMMISSION MINUTES September 5, 1995 - PAGE 5 . Applicant: Location: Gerald Grewe 4550/4560 Enchanted Point . Chair Borkon announced the case and outlined the procedure for a public hearing. Nielsen indicated Mr. Grewe owns the home at 4550 Enchanted Point and has arranged to purchase the home at 4560 Enchanted Point. He intends to combine the two properties, demolish both homes and existing garage and build one new home. He is requesting a variance to live in the existing home at 4560 while the new home is being built. The ordinance limits the number of dwellings on any given lot to one. The applicant is also requesting a C. U.P. as the existing boathouse and proposed attached garage will exceed 1200 square feet. He is also requesting a variance to exceed the requirement which limits accessory space to 10% of the minimum lot size for the zoning district in which the property is located. The lots combined contain an area of 98,733 square feet. The proposed house will contain 5295 square feet on the main level and the second level appears to be the same as the main floor. The proposed garage will contain 1100 square feet on the first level and 1450 square feet on the second level. The upper access will face south and the lower access will face north. The total amount of accessory space on the site will be 3975 square feet. Nielsen indicated the City has on three other occasions granted a variance for the temporary location of two homes on one lot. A cash escrow or letter of credit for one and a half the amount of the bid for removal and site restoration of the temporary home will be required before the applicant occupies the new home. The applicant has requested he be given twelve months to construct the new home. Nielsen indicated there are four criteria which need to be satisfied in order to grant a C.U.P. This proposal does not comply with the second criteria. The accessory space can not exceed 10% of the minimum lot area of the district. This district (R -1 CIS) allows a maximum of 2000 square feet of accessory space. The applicant proposes approximately twice that and has requested a variance for this. The third criteria limits building height to 35 feet but allows an additional five feet, subject to an additional three feet of side yard setback and an additional five feet of lake shore setback for each foot of height over 35 feet. The applicant has submitted a revised site plan which has reduced the ceiling height of the lower level and pitch of the roof to 37 feet. He has corrected the position of the home for the setback but still needs to shift the building down to move the patio so no part will encroach the 60 foot setback. In regard to the variance to exceed 10% minimum lot size, Nielsen indicated once the properties are combined, the new home constructed and the existing building removed, the amount of accessory space on the property will be reduced by approximately 10%. The total proposed hardcover will be less than 19.5%. The attached garage is on two different levels. The only direction from which both levels can be seen is the west and from that view the garage appears to be part of the structure. The lot will be five times larger than the R-IC/S district requires. If the variance is granted, staff is recommending a protective covenant that the property not be redivided unless brought into conformity with code at that time. Nielsen indicated staff is recommending approval of the variance to temporarily allow two homes on one lot. Chair Borkon recessed the meeting at 8:36 p.m. and reconvened at 8:42 p.m. Jerry Grewe, 4550 Enchanted Point, stated he loved trees and would do all he could to protect them. Chair Borkon opened the public hearing at 8:45 p.m. Dave Bleason, 4540 Enchanted Point, stated he felt the existing boathouse was not a problem and was in good shape. He enjoyed the privacy he received from it on his lot. Bob Rascop, 4560 Enchanted Point, asked the Commission to look favorably upon the variances being asked for. He indicated all the conditions had been put on the lot after the buildings were built and he felt this was a hardship the City had imposed when the zoning was changed from RIA to RIC. . Roy Kramer, 4475 Enchanted Lane, stated he felt the building would be an asset to the neighborhood. PLANNING COMMISSION MINUTES September 5, 1995 - PAGE 6 . . Chair Borkon closed the public hearing at 8:58 p.m. Commissioner Turgeon asked when the zoning for this lot had been changed. Nielsen indicated the zoning had been changed in 1986 when the City redid the zoning ordinance. Commissioner Kolstad asked why the driveway encroached the 50 foot setback. Nielsen explained the way the driveway exists today it necessitated that Mr. Grewe grant the City an easement to access and maintain the dry hydrant that serves this portion of Enchanted Island. Commissioner Foust thanked Mr. Grewe for all his time volunteered to the City of Shorewood in regards to the dry fire hydrants and natural gas service to the island. He indicated he was in favor of the proposal but was having difficulty determining the hardship in this case. Commissioner Rosenberger asked if there had been a survey performed to determine if there were Indian mounds on the property. Mr. Grewe stated he has performed soil boring and the area in which he is building is all backfill. He also stated he has made a tentative offer to buy the Yacht Club and retain the area as green space. Commissioner Rosenberger again questioned Mr. Grewe. Mr. Grewe indicated he had taken samples of the ground and had also discussed the history with Jewels Illis, the former excavator to determine which areas of the lot were backfilled. Chair Borkon indicated she was concerned with the hardship criteria of the variance. She asked Mr. Grewe if he had thought of removing the boathouse. He indicated he would not remove the boathouse. Chair Borkon asked what the options were regarding the amount of accessory space. Nielsen indicated the limit of 2000 square feet was tied to the minimum lot size of the R -1 CIS district. He again indicated the lot being created was five times the size of the normal lot in this district. The concern was that the lot may be subdivided at some later date. Nielsen indicated the applicant had been agreeable to record a restrictive covenant that the property will not be subdivided. If someone wanted to subdivide the lot, they would have to remove the boathouse and reduce the size of the attached garage. Commissioner Turgeon asked if a precedent would be set if the variance was granted. Nielsen indicated it would. He indicated this situation was somewhat unique to Shorewood but was occurring more and more on Lake Minnetonka. He suggested if this appeared to be a trend, it may necessitate investigating an amendment to the ordinance. Chair Borkon asked Mr. Grewe if it was a priority to have such a large amount of accessory space. Mr. Grewe indicated it was. He stated the lower three garage spaces would be used as storage space. He indicated he has had problems with theft and would like to have everything in a locked garage. Chairman Borkon asked if he had room for storage in the boathouse. Mr. Grewe indicated the boathouse is used to store the boat, lawn tractor, leaf machine and general lumber. The boathouse has modem utilities. He indicated the boathouse is kept open in the winter so if the dry hydrant freezes up, the fire department can draft out of the boathouse. Nielsen noted the boathouse is structurally sound. Chair Borkon complimented Mr. Grewe on his plans for the home but asked if there were any way to reduce the accessory space. Mr. Grewe indicated he had cooperated with the City in all aspects of the planning. He suggested the property be rezoned to R-IA. He indicated the neighborhood could go through the petition process to have the area rezoned, but he preferred not to do this. He stated he had lived the area for thirty years and plans to die here. In response to Chair Borkon, Nielsen indicated the island had been reviewed as part of the current zoning ordinance. The vast majority of the property complies with the R -1 C zoning rather than the R -1 A. . In response to Commissioner Kolstad, Nielsen indicated it would be more appropriate to make a zoning ordinance text amendment than to amend the zoning district the property was located in. He indicated the . . . PLANNING COMMISSION MINUTES September 5, 1995 - PAGE 7 C.U.P could be modified to stated that the property cannot be redivided in the future. A zoning ordinance text amendment can be initiated by request of an applicant, staff, Planning Commission or City Council. A study would then be performed, a public hearing held, the Planning Commission would then make a recommendation and the City Council would have to approve on a four-fifths vote. He indicated the process would take 60-90 days. He noted a variance similar to this was granted previously and that triggered the amendment which changed the maximum accessory space from 1000 square feet to 1200 square feet. Turgeon moved, Foust seconded to recommend to the Council that it approve a variance to temporarily allow two single-family dwellings on one lot, approve a C.D.P. and variance to allow accessory space in excess of 1200 square feet for Gerald Grewe, 4550/4560 Enchanted Point subject to staff recommendations, not to exceed the maximum allowed in any zoning district (which is 4000 square feet), and tree preservations measures be done on the site during construction. Commissioner Kolstad stated she felt uncomfortable granting a variance that does not meet all the legal conditions. She indicated she could not vote in favor of the motion. Commissioner Turgeon indicated she agreed with Commissioner Kolstad but the property was unique in that it was five times larger than the other properties in the zoning district. Commissioner Rosenberger indicated he personally felt the house was a bit excessive and that this type of housing will not do anything to further the goals of the City for a variety in housing stock. He stated he would support the motion but it did not agree with his personal philosophy. Commissioner Pisula stated he agreed with Commissioner Rosenberger. He indicated he would vote against the motion. He noted the plan was reasonable based on the size of the property but he still could not determine a hardship in this case. Chair Borkon stated she would vote against the motion. She stated she liked the plan but could not justify a hardship. Commissioner Turgeon indicated she felt granting a variance with a cap on it was more appropriate than an amendment to the ordinance due to the time factor. Nielsen indicated if a lot more of these requests were made, he would strongly suggest amending the code. He suggested the Planning Commission may want to look at the code anyway. He noted there may be a number of smaller lot combinations similar to this but he did not believe many would request this much accessory space. He suggested the Commission did not have to grant the variance. They could table the proposal and initiate an amendment. They could also deny the request and have the applicant come back under the amended code. He noted this could defer construction until spring. Mr. Grewe indicated he had worked with his partner and the Board of Directors of his company to obtain time away from work to do this project. He stated it would create a great hardship if he was not able to get into the ground almost immediately. Council Liaison Benson reminded the Commission that it can be very specific as to why a variance is denied, they can also be very specific as to why a variance is granted. This would then establish a specific precedent without opening the door to everyone. Voting on the motion: 4 ayes/3 nayes. (Chair Borkon, Commissioners Kolstad and Pisula voted naye.) Motion passed. PLANNING COMMISSION MINUTES September 5, 1995 - PAGE 8 . The Council will consider the recommendation at its September 25, 1995 meeting. 5. PUBLIC HEARING C.U.P TO CONSTRUCT A SINGLE FAMILY DWELLING ON A SUBSTANDARD LOT IN THE SHORELAND DISTRICT AND SETBACK VARIANCE (Tabled from July 18, 1995) Applicant: Location: Mark Haymaker 4300 Enchanted Drive Chair Borkon announced the case. Chair Borkon recessed the meeting at 9:50 p.m. and reconvened at 9:53 p.m. Nielsen indicated this request had been tabled at the July 18, 1995 meeting. The applicant has since complied with staff recommendations and submitted a revised site plan shifting the proposed house on the site to preserve trees on the property but in the process has enlarged the home. This home is wider than the home originally proposed. Nielsen indicated that based on a visit to the site, it is evident that the drip1ine of the northernmost oak tree is approximately at the south edge of an old tennis court on the site. He suggested this be the construction limit for the new home. Nielsen indicated staff is recommending the C.U.P. and setback variances be granted subject to the applicant placing the original house design on the site plan and the south line of the tennis court to be the drip line, fenced off and subcontractors made aware they are not to enter this area. Mark Haymaker, 4300 Enchanted Drive, indicated he understood the concerns of the Commission and had shifted the house and took the trees into consideration. He suggested the trees could be trimmed before construction. He asked if the tree preservation was an ordinance or a policy. Nielsen indicated it was a draft policy. Mr. Haymaker indicated he felt he should be granted the variance as the trees were causing a hardship. . Chair Borkon opened the public hearing at 10:03 p.m. Carl Sheely, 4320 Enchanted Drive, stated Nielsen's report had failed to mention the trees on his property which would have been damaged by the proposed retaining wall. He questioned the elevation of the house, if it was consistent with the homes on either side, the height of the building, and if it would be constructed on pilings. Mr. Haymaker indicated he had performed soil testing and pilings were not required. He stated the home would be one and a half stories in height with a cape cod style. Chair Borkon closed the public hearing at 10:06 p.m. Nielsen indicated the home would be consistent relative to the way it fits the site and consistent with the size of other structures in the neighborhood. The variance was based on the specific plan. Nielsen stated the Planning Commission had recommended changes to protect the neighboring and site trees. If these were destroyed it would adversely affect the character of the lot. Nielsen indicated the average setback was forty one and a half feet from the lake. The house would need to go five to seven feet further toward the lake if the tennis court were used as the dripline. Nielsen again stated staff was recommending using the original house plan as it had a smaller footprint, and shifting it on the lot so it was not closer than the south line of the tennis court. . Mr. Haymaker stated he was told he could not exceed 25% hard cover surface. He hired an architect to maximize what can be done within the ordinance. He stated a variance was necessary due to a hardship caused by the trees. He noted he had a survey performed to locate the trees and understands he will need to replace any which are cut. He noted he could also just shift the house to the original position and cut down the trees and plant little ones again. . . PLANNING COMMISSION MINUTES September 5, 1995 - PAGE 9 Nielsen stated the purpose of locating the trees was to determine if there was a way to locate the house on the lot so the trees can be preserved. In the revised plan the house has been shifted but also enlarged, defeating the purpose. Mr. Haymaker stated he needed to know the largest house available to build so he could attempt to get the maximum allowable footprint. He stated the architect has informed him the driveway would be too short and he would not be able to park a car, except in the garage, if he used the original proposed house and shifted it on the lot as staff had suggested. Nielsen indicated the driveway looked workable to him. Commissioner Foust asked if Nielsen had sufficient time to communicate his concerns regarding the revised site plan to the applicant. Nielsen indicated he had not. He had received the revised plan the end of August. Commissioner Kolstad stated the trees were important but this was a difficult lot. She questioned if the best solution might be to remove some trees, place the house in the proper position and replace trees, where possible, in front of the house. Chair Borkon asked if Nielsen had met with Mr. Haymaker's architect. Nielsen reported there had been a meeting scheduled but the architect had canceled. Chair Borkon stressed it was essential that the architect, Nielsen, and Mr. Haymaker meet in order to communicate the desires of the Planning Commission. Nielsen asked Mr. Haymaker if the purchase agreement was in jeopardy if he did not receive approval tonight. Mr. Haymaker stated there was no time factor involved. Rosenberger moved to table the C.U.P. to construct a single-family dwelling on a substandard lot in the shoreland district and setback variance for Mark Haymaker, 4300 Enchanted Drive to September 19, 1995. Chair Borkon once again asked Mr. Haymaker if the sale of the property was in jeopardy. Mr. Haymaker indicated it was. He stated his architect said the house cannot be twisted on the lot. The Planning Commission had asked him to locate the trees on the lot and he had done so. Commissioner Turgeon noted the Planning Commission had asked for a revised site plan to preserve the trees on the neighboring lot and the site. This is not however, what they received. Chair Borkon noted there was a definite communication problem. Commissioner Rosenberger stated he did not see that the communication problem was the City's responsibility. He felt the Planning Commission had been clear in what they were requesting at their last meeting with Mr. Haymaker. He felt some of the responsibility was Mr. Haymaker's. The motion by Commissioner Rosenberger died for lack of a second. Rosenberger moved, Pisula seconded to recommend the Council deny the C. U.P. to construct a single-family dwelling on a substandard lot in the shoreland district and setback variance for Mark Haymaker, 4300 Enchanted Drive. In response to Chair Borkon, Nielsen indicated Mr. Haymaker could still proceed forward to the City Council with his proposal. Approval from the City Council would require a four fifths vote. If the Council denied his request, he could not submit a similar request for six months. . Chair Borkon reiterated it was imperative the architect meet with Nielsen and understand what the priorities are. PLANNING COMMISSION MINUTES September 5, 1995 - PAGE 10 . Commissioner Rosenberger withdrew his motion to deny the C.U.P. to construct a single-family dwelling on a substandard lot in the shore land district and setback variance. Commissioner Pisula concurred. Rosenberger moved, Pisula seconded to table recommendation on the C. U.P to construct a single-family dwelling on a substandard lot in the shoreland district and setback variance for Mark Haymaker, 4300 Enchanted Drive until September 19, 1995. Motion passed 7/0. 7. MATTERS FROM THE FLOOR Commissioner Turgeon asked if there had been an increase in requests for C.U.P. for accessory space over 1200 square feet. There was Commission consensus to schedule this subject for a study session. 8. REPORTS Commissioner Foust reported there had been a fire on the island and the dry hydrant was dry, apparently plugged with milfoil. There was Commission consensus to direct staff to investigate responsibility of the maintenance of the dry hydrant. Council Liaison Benson reported on the actions taken at the City Council meeting of August 28, 1995. Commissioner Lizee reported the Park Commission had chosen the park dedication fee for the land involved in the Smithtown Road, Lundgren Bros. project. . Commissioner Foust reported the cable budget had been approved by the City Council and that he was a member of the Future Needs Assessment Committee. 7. ADJOURNMENT Foust moved, Lizee seconded to adjourn the meeting at 11:23 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial . NOTE: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeouts for deletions. . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, SEPTEMBER 19, 1995 MINUTES COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. CALL TO ORDER Chair Borkon called the meeting to order at 7 :02 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust (arrived at 7:06 p.m.), Kolstad, Lizee, Rosenberger and Turgeon; and Planning Director Nielsen. Absent: Commissioner Pisula and Council Liaison Benson. APPROVAL OF MINUTES Rosenberger moved, Kolstad seconded to approve the September 5, 1995 Commission meeting minutes as amended by adding on Page 7, Paragraph 5 "I feel this type of housing will not do anything to further the goals of the city for a variety in housing stock. "; Page 6, Paragraph 4, Line 1 replace "indian" with "Indian"; and on Page 7, Paragraph 13, Line 1 replace "it's" with "its". Motion passed 6/0. 1. C.U.P TO CONSTRUCT A SINGLE-FAMILY DWELLING ON A SUBSTANDARD LOT IN THE SHORELAND DISTRICT AND SETBACK VARIANCE (Tabled from September 5, 1995) . Applicant: Location: Mark Haymaker 4300 Enchanted Drive . Chair Borkon announced the case. Nielsen reported he had met with Mr. Haymaker and his architect subsequent to the September 5, 1995 Planning Commission meeting to discuss how this home could be located within the constraints of current regulations, C.U.P. regulations and the Tree Preservation Policy. Nielsen indicated he suggested Mr. Haymaker situate the home within the following confines: 41.5 foot setback from Lake Minnetonka, which is the average setback established by the two adjoining homes, on the south side using the dripline of the stand of three oak trees and the row of pine trees, on the front side far enough back so as to allow a 20 foot parking space in front of the garage without extending into the street right-of-way, and the northeast side using the dripline of vegetation growing along the property line. Mr. Haymaker has since submitted a plan which conforms to these parameters. Nielsen indicated staff is recommending approval of the C.U.P. and setback variance request subject to installation of construction fencing along the dripline of the trees and at a setback of 20 feet from the shoreline priorto the start of any site work and the excavation near the oak trees shall be cut in so as to sever any roots as cleanly as possible. Nielsen reported Mr. Haymaker has submitted a conceptual landscape plan but is intending to hire a landscape architect. Nielsen stated he intended to confer with the landscape architect for advice as to any other methods that could be employed to further protect the trees. Chair Borkon outlined the procedure for a public hearing and opened the public hearing at 7:15 p.m. Ernest Marciniak, 4325 Enchanted Drive, asked if there would be changes made to the perimeter of the cul-de-sac or to the ten foot easement for the dry hydrant.. Nielsen indicated there would be a . . PLANNING COMMISSION MINUTES September 19, 1995 - PAGE 2 curb cut for the driveway and the City of Shorewood does allow the driveway to cross the right-of- way. Nielsen stated this will not affect the access to the dry hydrant easement. Carl Sheely, 4320 Enchanted Drive, indicated he wanted to be assured the easement to the dry hydrant had been properly recorded. He also inquired as to where the snow from the driveway would be located now as there would no longer be a vacant lot on the cul-de-sac. Chair Borkon closed the public hearing at 7: 19 p.m. Nielsen explained the City of Shorewood owns the land the cul-de-sac is built on and a certain amount of property around the cul-de-sac called "right-of-way". The owner's property line goes up to the right-of-way. It is however necessary for the City to allow the driveway to cross the right-of-way area in many cases. He explained in the case of an easement, the City has an interest in the property but no ownership. The interest is for a specific purpose, which in this case is a water line for the dry hydrant which extends into the lake. The proposed house at 4300 Enchanted Drive will not block the City's access to maintain or use the dry hydrant. Nielsen stated there were three property owners involved with the easement in question. Commissioner Rosenberger asked if the easement had been recorded. Nielsen indicated he would verify they were recorded. Mr. Marciniak indicated he was confused as to the width of the easement. He questioned if it was ten or twelve feet. Nielsen stated he would clarify the width of the easement. Nielsen explained the snow had been placed on the vacant land but will now be placed wherever there is room within the public right-of-way. Mrs. Sheely, 4320 Enchanted Drive indicated one of their driveways had been blocked by snow from the snowplows last winter. Chair Borkon suggested Mrs. Sheely contact the City Utility Department or Jim Hurm if she experiences further difficulties. In response to Commissioner Lizee, Nielsen reported this proposal would have 23% hard cover surface. Commissioner Kolstad complimented Mr. Haymaker for arriving at a solution that would work for everyone. Commissioner Rosenberger complimented Mr. Haymaker for turning this around as quickly as he had and also Mr. Nielsen for availing himself to resolve this item. Turgeon moved, Foust seconded to recommend the Council approve the C.U.P. to construct a single-family dwelling on a substandard lot in the shoreland district and setback variance for Mark Haymaker, 4300 Enchanted Drive subject to staff recommendations and clarification of the easement width as noted and verification the easement has been recorded. Motion passed 6/0. There was direction for staff to notify the residents involved with the easement when the information was received. Mr. Haymaker stated he was in favor of keeping all the mature trees on the site. . The Council will consider the recommendation at its September 25, 1995 meeting. PLANNING COMMISSION MINUTES September 19, 1995 . PAGE 3 . 2. REVIEW TREE PRESERVATION POLICY I ORDINANCE Nielsen outlined the changes that had been made to the third draft of the tree preservation and replacement policy. He indicated there had been substantial changes to the purpose statement on page 1. There was Commission consensus that the purpose statement did convey the intended message. Nielsen indicated the next substantial change was on page 3, section IV.B.b. This statement now reflects that the tree preservation and replacement policy pertains to the construction of a new principle building only. Commissioner Kolstad stated she did not agree with this change and wanted some wording to be added which would apply standards or caution when any changes are made on a property. Commissioner Turgeon indicated if this were the case, residents may feel their rights were being tread upon. Nielsen stated there must be a balance. He reminded the initial intent of the policy had been to have a device to educate builders. He indicated a home owner will usually move a garage over a bit rather than remove a tree. Most homeowners appreciated the trees and it is also very costly to remove trees. . Commission Kolstad asked if the Commission had the authority to require someone who is building a garage to replace a tree they remove. Nielsen indicated the Commission only had that right if the homeowner was requesting a variance or a conditional use permit. The statutes then give the City the authority to impose reasonable requests on the property owner. Commissioner Kolstad stated she did not feel the policy for existing properties should be as strict as the policy for new buildings but felt it should be addressed. Chair Borkon stated she understood Commissioner Kolstad's concern but indicated she was concerned that the policy could already be too restrictive. She questioned if there would be a way to request someone coming in with an application to take the trees into consideration. . Nielsen stated if a person made application to build a garage, the City has no input at all. If there was a variance request or a conditional use permit request with the garage, the City would then have input. He agreed with the concern for the potential of over restriction. He stated he was not sure the initial intention of the policy or the intention of the comprehensive plan was to save every individual tree. He indicated the policy was appropriate for initial development of land and construction of the initial house but after that point the property owner's rights take over. Commissioner Rosenberger stated he agreed with Commissioner Kolstad. He felt if the policy was appropriate for primary buildings it was also appropriate for secondary buildings. He stated the Commission had made the decision to create this policy because trees are very important to the character of the neighborhood. In that case public policy is more important than public rights. He suggested the policy should be more restrictive. Commissioner Lizee stated she felt the policy should not be more restrictive. Commissioner Foust stated the City of Shorewood did not have a problem with wide scale clear cutting. He asked what percentage of the City was left for new development. Nielsen indicated the City of Shorewood was 90% developed. He questioned the need of the policy for 10% of the land. He stated he was not in favor of taking individual property owners' rights on removing a tree to put in a shed or removing one or two trees to erect a garage. . . . PLANNING COMMISSION MINUTES September 19, 1995 - PAGE 4 Commissioner Turgeon stated if a property owner does not require a variance he should be able to use his property as he likes. It is his property. Nielsen stated in the past he has frequently received a variance request so a tree could be saved. At times it has been more appropriate to remove the tree than to grant the variance. He suggested removal of one tree would not necessarily damage the wooded character of the area. Commissioner Kolstad stated it was important to have something in place for existing property. She indicated residents do feel it is important to save the trees in their neighborhood. . Nielsen clarified even though the City was 90% developed, there were still a number of lots that haven't been subdivided that this ordinance will apply to. Commissioner Borkon questioned whether the tree policy was an encroachment on an individual owner's property rights. Commissioner Turgeon stated the City has no policy currently. She felt, the Commission could not take giant steps in something that adds restrictions. She suggested this policy should not be set in granite and could be changed if needed. Chair Borkon stated this policy is geared to the community and the way they would like the City's mode of development. She stated she was outraged at the idea of considering this policy for existing properties. Nielsen continued through the body of the Tree Preservation and Replacement Policy noting other small changes which had been made. It was noted in Appendix A, paragraph 4, "critical root zone" should be replaced with "protected root zone" to be consistent with the rest of the document. There was Commission consensus of approval of the changes that had been made. The Commission returned to their discussion of item 4.B.b. Commissioner Kolstad stated she agreed that she did not want to be restricted as to what she could do on her property but felt that when something is done on a property it also had an impact on the neighboring property. She indicated there is a lot of restriction as to where you can build on the property anyway and she would like to require the trees be taken into consideration when this is done. She stated she would like some restriction or guidelines for replacement of trees removed on existing properties. Chair Borkon asked if Nielsen had noted any policy for existing properties in any other city's Tree Preservation Policy. Nielsen stated there was one ordinance which required a permit to remove a tree over eight inches. Nielsen indicated he felt there could be an enforcement problem with this type of requirement. Commissioner Kolstad noted she interpreted the policy infers tree preservation and replacement is only important in new construction. Chair Borkon stated the implication is that developers coming in to the City may not feel that trees are important but with the policy in place they will act in a responsible manner. Nielsen stated he was not certain a problem existed with existing properties. Commissioner Rosenberger stated if a policy was to be implemented for new development it should also be implemented for old development. He suggested that if there were not a problem with existing buildings, then there should not be a problem with putting it in writing as part of the . . . PLANNING COMMISSION MINUTES September 19, 1995 - PAGE 5 policy. He stated the value affixed to a grove of trees was also a value to the neighborhood and the character of the neighborhood. Commissioner Kolstad stated she had moved into an older developed area with many trees which she has watched be destroyed one by Ofle two major trees being put in jeopardy as a result of a garage being built. She expressed concern there was no education in regard to trees for the residents. Nielsen suggested a handout explaining tree preservation could be attached to each building permit. Turgeon moved, Lizee seconded to recommend the Council adopt the 3rd draft 0 f the Tree Preservation and Replacement Policy as corrected. Motion passed 4/2. (Commissioners Kolstad and Rosenberger voted naye). The Council will consider the recommendation at its September 25, 1995 meeting. 3. DISCUSS PLANNING COMMISSION MEETING DATES There was Commission consensus to that Planning Commission meetings will be held on October 3, October 17, November 21, and December 5, 1995. 4. MATTERS FROM THE FLOOR Commissioner Rosenberger asked if a report had been prepared in regard to the drainage issue in the Bremnar Brynmawr Ponding area. Nielsen indicated it had and he would supply it to the Commission. Commissioner Foust apologized for missing the Cable Commission meeting. 5. REPORTS - None. 6. ADJOURNMENT Foust moved, Lizee seconded to adjourn the meeting at 9:10 p.m. Motion passed 6/0. RESPECTFULL Y SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial NOTE: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeouts for deletions. CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, OCTOBER 3, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. . MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7 :00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Kolstad, Lizee, Pisula, Rosenberger (arrived at 7 :05 p.m.) and Turgeon; Council Liaison Benson and Planning Director Nielsen. APPROVAL OF MINUTES Turgeon moved, Lizee seconded to approve the September 19, 1995 Commission meeting minutes amended by on Page 5, Paragraph 1, Line 1 replace "many trees which she has watched be destroyed one by one" with "two major trees being put in jeopardy as a result of a garage being built" and Page 5, Paragraph 8, Line 2 replace "Brenmar" with "Brynmawr". Motion passed 5/0 (Pisula abstained as he was not present at the September 19, 1995 meeting). Commissioner Rosenberger arrived at 7 :05 p.m. Council Liaison Benson reported on discussion and actions taken at the City Council meeting of September 25, 1995. . 1. 7:00 PUBLIC HEARING. C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET Applicant: Location: Tom Wartman 28120 Boulder Bridge Drive Chair Borkon announced the case and outlined the procedure for a public hearing. Nielsen reported Tom Wartman owns the property located at 28120 Boulder Bridge Drive and is proposing to build an attached 2 story garage with storage space above. The storage space will only be accessible from the house. This will result in total accessory space on the property of 2392 square feet which necessitates a conditional use permit. This request does meet the four criteria required to grant a conditional use permit. Nielsen indicated staff is recommending approval of the conditional use permit. Tom Wartman, 28120 Boulder Bridge Drive explained he felt his design would maintain the character of the existing house. He indicated the garage was in compliance with all setback requirements and all the surrounding neighbors are agreeable with the addition. Chair Borkon opened and closed the public hearing at 7:20 p.m. since no one appeared to address the Commission. . The Commissioners considered the application. Commissioner Lizee asked if the oak tree on the southeast corner of the location of the proposed garage would be saved. Mr. Wartman stated he intended to protect the tree. Rosenberger moved, Pisula seconded to recommend to the Council that it approve the conditional use permit for Tom Wartman, 28120 Boulder Bridge Drive subject to staff recommendations. Motion pass"ed 7/0. PLANNING COMMISSION MINUTES October 3, 1995 - PAGE 2 . The Council will consider the recommendation at its October 23, 1995 meeting. 2. 7:15 PUBLIC HEARING - PRELIMINARY PLAT AND LOT WIDTH VARIANCE - WOODSIDE 2ND ADDITION Applicant: Location: Don Peterson, representing LeGran Homes, Inc. 28030 Woodside Road . Chair Borkon announced the case. Nielsen reported Mr. Peterson is requesting to subdivide the property located at 28030 Woodside Road into two lots. A lot width variance is necessary due to the topography of the site and other features of the property. The property is located in the R- INS, Single-Family ResidentiallShoreland District and contains approximately 80,100 square feet of area. The property is 212 feet wide at the front building line and has approximately 355 feet of shoreline. As proposed the north lot would be 107 feet wide and the south lot 105 feet wide at the building line. Nielsen indicated there were a number of factors which supported the granting of a variance. There are many other lots in the area which do not meet the lot width requirements with some as narrow as 70 feet. The configuration of the lot is such that the 120 feet required width is met further back on the lot which is the most likely location for a house to be placed. The buildable area of both lots is adequate to allow two homesites. Nielsen stated an existing nonconforming accessory building on the site will be removed as part of the development of the property. Nielsen reported the preliminary plat shows a sewer easement along the lake side of the site as 50 feet. This easement is 15 feet and this should be corrected on the final plat. There is also a drainage and utility easement which is shown as five feet which should be corrected to 10 feet. Nielsen indicated this is a heavily wooded site and it is recommended the applicant be required to provide a detailed tree inventory showing all deciduous trees greater that eight inches DBH and all coniferous trees greater that six feet in height. Nielsen indicated staff is recommending approval of the preliminary plat and lot width variance subject to seven conditions. Chair Borkon outlined the procedure for a public hearing. Mr. Peterson, representing LeGran Homes, stated he had reviewed all the issues identified by staff with Mr. Schulties of LeGran homes and is in agreement with all. He stated he did not feel the lot width variance would alter the character of the neighborhood as there were many existing lots which had a smaller lot area or less frontage than the proposed lots. If the preliminary plat is approved, there is someone interested in one lot already. He stated the homes will be built on the area of the lot which exceeds 120 feet in width. He reported the sewer easement was a mistake and will be corrected and expressed the intent to save as many of the nice trees as possible. Chair Borkon opened and closed the public hearing at 7:34 p.m. since no one appeared to address the Commission. Commissioner Turgeon questioned if since there was already a buyer for one lot, there should be some language included regarding erosion control on the site. Nielsen explained construction limits are drawn when a building permit is issued. Generally 20 feet is allowed around the house and construction and erosion fencing is erected at that point. Commissioner Lizee commented that many of the properties on Woodside Road have shared driveways. She asked if this was being considered and also if the cluster of white pines would be removed or damaged. . Mr. Peterson stated he did not have a detailed building design at the present time. He indicated he did not want to be committed to a shared driveway but it was a possibility. He stated the driveway would be located as to preserve the cluster of white pines. PLANNING COMMISSION MINUTES October 3, 1995 - PAGE 3 . Commissioner Rosenberger stated he did not see the undue hardship in this case. He did not see how the property could not be put to reasonable use without the granting of the variance. Nielsen explained it was not reasonable to require the owner to maintain a lot two times larger than the other lots in the area. It created a hardship to require the lot meet the width requirement. He stated the average width of the proposed lots would be 135 feet. Commissioner Turgeon stated it was unreasonable to require an 81,000 square feet lot when there could be two 40,000 square foot lots. Commissioner Pisula noted it would alter the character of the neighborhood less to have two smaller homes on the lot than one large home on the lot. Mr. Peterson explained this parcel was originally three lots and was combined into one lot. He stated the proposed two lots would be as large or larger as most of the lots in the neighborhood. Greg Scott, 28100 Woodside Road stated he disagreed with the hardship in this case. He stated there have been many builders interested in this site but the price was too high. He stated if this preliminary plat was not approved, there would be a nice home located on the site within two years. He indicated he thought it was silly to break the lot into two lots as there was no question someone would put a major investment on the property just the way it is. Brian Zubert, 28040 Woodside Road indicated his lot width was only 85 feet. He stated granting this variance would create a hardship for him as he has a big house on a small lot and now there will be another house crammed in beside him. Chair Borkon explained if the lot is divided, the resulting homes will be built within the setback requirements of the City of Shorewood. . Mr. Zubert stated when he moved in, no lots were available and he bought what he could get. He questioned if two more houses will overcrowd the situation. Commissioner Rosenberger stated he did not know if one huge house or two smaller houses would affect Mr. Zubert any differently. He stated he was more concerned with consistency. He indicated he would rather hold the line on non-conforming lots in the area than encourage them by establishing two more non-conforming lots. Commissioner Kolstad indicated she agreed with the granting of the variance as it allows the property to be put to a reasonable use as not allowing the plat to be divided into two lots of a size consistent with the zoning district would not allow the property to be put to reasonable use. Commissioner Pisula stated he agreed. He reiterated that a very large home would do more to alter the essential character of the neighborhood than two smaller homes. Turgeon moved, Kolstad seconded to recommend to the Council that it approve the preliminary plat and lot width variance for Woodside 2nd Addition, 28030 Woodside Road subject to staff recommendations. Motion passed 5/2 (Commissioners Lizee and Rosenberger voted naye). The Council will consider the recommendation at its October 23, 1995 meeting. 3. 7:30 PUBLIC HEARING - PRELIMINARY PLAT - MCCARY ADDITION . Applicant: Location: Carl Zinn, representing Thomas and Mary McCary 6010 Ridge Road Chair Borkon announced the case and outlined the procedure for a public hearing. Nielsen indicated Mr. Zinn has submitted a preliminary plat to divide the McCary property located at 6010 . . . PLANNING COMMISSION MINUTES October 3, 1995 - PAGE 4 Ridge Road into two lots. The property is zoned R-IA1S, Single-Family ResidentiallShoreland and contains 3.36 acres. Nielsen explained the recently updated shoreland regulations require protection of areas with steep slopes. He indicated there are two topographical bluffs on Lot 2, one formed by Ridge Road and the other by Christmas Lake. Any building must be located 20 feet from a bluff area. This results in a small buildable area for this lot. The applicant has been asked to demonstrate how the proposed building pad could be accessed with a driveway that does not exceed eight percent grade. Staff is recommending the applicant's engineer be directed to provide a grading plan which shows how the driveway can be achieved and still comply with the 3:1 maximum slope requirement and demonstrate the extent of retaining walls which will be necessary. This should be included as part of the final plat. The existing home has a hard cover surface of 23.9% and there does not appear to be a problem with the vacant lot. Nielsen stated it is anticipated that the construction of the home and driveway will require some removal of trees. However, the lot is heavily wooded and staff is suggesting rather than tree replacement, the applicant be required to concentrate efforts on landscaping of the area disturbed by the driveway grading. The applicant would also be required to provide a pullout on Ridge Road. Nielsen stated the property is presently not served by water and may never be. Until such time as the City Council makes a determination that water will not be made available, the applicant is required to pay a $5000 trunk water charge and enter into an agreement for the water assessments. Nielsen indicated staff is recommending approval of the preliminary plat based on seven conditions. Chair Borkon asked if the water trunk charge would be reimbursed if it was determined that area would not be served by water. Nielsen indicated this was a policy decision which had to be made by the City Council. Carl Zinn, 5820 Ridge Road, questioned the requirement of an additional pullout as there is one currently located on the McCary property. Nielsen confirmed staff was requiring an additional pullout. Mr. Zinn indicated a driveway under eight percent grade has been demonstrated and Mr McCary does not want the expense of providing a revised grading plan. He stated in regard to the bluff ordinance, the recorded 955 elevation is accurate as the DNR defines it but the bluff does then flatten out as to not exceed a 30% grade. He requested the limiting' factor be the shoreland setback rather than the 955 elevation. Nielsen asked that the surveyor locate that on the plat. Mr. Zinn asked if the water trunk fee could be handled in some other manner. Mr. McCary asked if there was any timeframe in which the City Council would be determining policy in regard to the water trunk fee. Nielsen suggested submittal of the final plat be delayed for the allowable six months and a determination by the City Council would most likely be made by then. Mr. Zinn indicated he did not want to wait six months. Nielsen indicated he could either pay the $5000 and possibly be reimbursed or the $5000 could be assessed and if the determination made, the assessment abated. Council Liaison Benson noted any lots which are subdivided are charged the $5000 water trunk fee. McCary noted that this may be true but the other lots are more accessible. Council Liaison Benson indicated this was a possibility but this issue has not been looked at specifically. Mr. Zinn asked that the issue with regard to the bluff impact zone not be recorded in a protective covenant. He suggested the ordinance could accomplish the desired results. Chair Borkon opened and closed the public hearing at 8:28 since no one appeared to address the Commission. Commissioner Rosenberger noted the applicants concern with the water trunk issue but suggested it was to be determined by the City Council. Chair Borkon asked for clarification in regard to the required pullout. Nielsen explained there was a pullout located at the end of the existing McCary driveway but the proposed driveway would be steep and it was necessary to have room to park a PLANNING COMMISSION MINUTES October 3, 1995 - PAGE 5 . vehicle on the road if the resident was unable to get up or down the driveway. He stated there was also the issue of emergency vehicle access. Commissioner Foust questioned the urgency of the revised grading plan. Nielsen noted this was important as these were sensitive lots. Nielsen stated he was comfortable with changing the bluff line setback requirement if the surveyor could show the slope on the plat. He stated he did not think this would affect the location of the driveway. In response to Chair Borkon, Nielsen indicated the requirement for the bluff impact zone could be stated as a condition of the final plat approval rather than put into a protective covenant. He suggested a page could be attached to the final plat demonstrating the location of the bluff with a statement that the lot would be subject to the bluff requirements in effect at that time. Chair Borkon indicated she was not comfortable requiring the applicant to pay the $5000 water trunk fee with there being a possibility that the applicant would not receive water. She would prefer to have some type of policy in place. Nielsen again stated the final plat could be delayed for six months or the fee could be assessed and when a determination was made that the water would not be made available, the assessment could be abated. He stated it is possible that water would be made available to Ridge Road but it may be cost prohibitive. He explained once City Council has made a determination, a decision would be made if the fee would be reimbursed. . Chair Borkon stated she was uncomfortable recommending something that was not complete. Nielsen indicated all these issues were listed as conditions of the preliminary plat. If the issues were not resolved the final plat would not be approved. Mr. Zinn again addressed the pullout, indicating there are three pullouts in a row in this area. Council Liaison Benson and Nielsen stressed there was a safety issue involved. Chair Borkon indicated she was concerned that staff recommendations be carried out and she felt the lot was borderline. Commissioner Rosenberger expressed concern that if there were changes in the bluff requirements it may change the building pad and the driveway configuration. Pisula moved, Rosenberger seconded to recommend to the Council that it approve a preliminary plat for the McCary Addition, 6010 Ridge Road subject to staff recommendations with the following changes in Condition #3 substitute "any structure will comply with the shoreline setback and blnff requirements as denoted in new survey rather than tied to a specific elevation showing same at the time of the final plat approval" and in Condition #7 "requirements 3., 4., and 5. above shall be recorded in a protective covenant or other such instruments as agreed to by the Shorewood Planning Department and legal departments". Motion passed 4/3 (Commissioners Lizee, Turgeon and Foust voted naye. The Council will consider the recommendation at its October 23, 1995 meeting. 4. DISCUSS HIGHWAY 7 CORRIDOR STUDY . Nielsen reported he is a member of the Steering Committee for the Highway 7 Corridor Study. He advised the Commission that the previous plan for a five-lane upgrade west of S.T.H. 41 is not likely to occur due to funding limitations. He explained it is likely that a "super two" design will be the recommendation of the new study. He stated the goal of the study is to improve, upgrade and enhance safety on Highway 7 from Highway 41 to Hutchinson. The intersections within Shorewood which will have the most improvements include Highway 7 and S.T.H. 41 to correct geometric alignment, Seamans DriveN ellowstone Trail proposed for detachment of Yellowstone and realignment of Seamans with street to the south in Chanhassen, and Freeman Park entrance to . . . PLANNING COMMISSION MINUTES October 3, 1995 - PAGE 6 consider right in only with a right turn lane (subject to consideration by the Park Commission). He reported the alternatives would be presented to the Steering Committee at a meeting scheduled for October 10, 1995 and it would be appropriate for the Planning Commission to discuss these at the next work session. There is also a neighborhood meeting scheduled in St. Bonifacius for October 30, 1995. There was Commission consensus that Highway 7 desperately needed to be widened for safety purposes. 5. MATTERS FROM THE FLOOR - None 6. REPORTS Commissioner Kolstad reported her attendance at two Snowmobile Task Force meetings. She stated the task force had set up a schedule, identified issues and processes to be used, identified data they want to gather and how to gather it. The task force will be meeting again in two weeks. There was Commission discussion regarding the public hearing procedure. There was Commission consensus to direct staff to prepare an explanation of the public hearing procedure to be attached to legal notices which were sent to announce the public hearing. Commissioner Foust reported a meeting last week with Jim Daniels, Administrator of the Lake Minnetonka Cable Commission to explore possibilities to upgrade the audio-visual in the Council Chambers. 7. ADJOURNMENT Turgeon moved, Pisula seconded to adjourn the meeting at 10:27 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial NOTE: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeouts for deletions. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 17, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:02 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust (arrived at 8:20 p.m.), Kolstad, Lizee, Pisula, Rosenberger, and Turgeon; Council Liaison Benson (arrived at 7:06 p.m.) and Planning Director Nielsen. APPRO V AL OF MINUTES Turgeon moved, Pisula seconded to approve the October 3, 1995 Commission meeting minutes as amended on Page 3, Paragraph 9 replace "as it allows the property to be put to a reasonable use" with "as not allowing the plat to be divided into two lots of a size consistent with the zoning district would not allow the property to be put to reasonable use." Motion passed 6/0. Council Liaison Benson arrived at 7:06 p.m. 1. DISCUSS HIGHWAY 7 CORRIDOR STUDY Nielsen explained the purpose of the meeting tonight was to share information he had obtained from the Highway 7 Corridor Study meeting. He reported the Corridor Study was concerned with the section of Highway 7 from Trunk Highway 41 to the City of Hutchinson. Nielsen stated one goal of the study is to eliminate, consolidate and upgrade access points along the corridor. Nielsen outlined the suggestions for the intersections in the City of Shorewood which needed improvement. The intersection of Highway 41 and Highway 7 is in poor alignment. The geometric alignment of this intersection should be corrected. The access point at Lake Linden Drive will be closed as previously planned. Seamans Drive should be realigned with a street in Chanhassen and Yellowstone Trail should be detached from that intersection. There was discussion of the possibility of bringing Yellowstone Trail over to Eureka Road which is a collector street. Nielsen reported he will be meeting with the Park Commission to discuss the access point at Freeman Park. The possibilities for this access point include closing it completely or changing it to a right in - right out only access. Nielsen reported the 1987 Corridor Study had proposed the entire stretch of Highway 7 would become a five-lane highway with center turn lanes. This is not a possibility due to the lack of funding available at this time. Nielsen distributed information which illustrated Trunk Highway 41 to Minnewashta Parkway and Minnewashta Parkway to Smithtown Road are the two problem segments of Highway 7 in the City of Shorewood. Nielsen explained the alternatives for improvements and the costs associated with each. He explained full width paved shoulders and turn lanes are useful in terms of safety and also are reasonable in terms of cost. Nielsen discussed the intersections which required the addition of or improvements to right turn lanes. Council Liaison Benson stated he had attended the Excelsior meeting in regard to improvements to the intersection of Highway 7 and Mill Street. He indicated he felt it was extremely important for all communities involved in the Highway 7 Corridor Study to unite and consolidate on this project. Commissioner Kolstad stated she agreed. . . . PLANNING COMMISSION MINUTES October 17, 1995 . PAGE 2 Nielsen encouraged all members of the Planning Commission to attend the open house regarding the Highway 7 Corridor Study which will be held in St. Bonifacius on October 30, 1995 Commissioner Foust arrived at 8:20 p.m. The Commission discussed the recommended improvements. There was Commission consensus that the recommendations were acceptable. 2. MATTERS FROM THE FLOOR - None. 3. REPORTS Commissioner Foust reported his attendance at an Ad-Hoc Committee meeting of the Cable Commission to discuss future negotiations with the Triax Cable Company. Council Liaison Benson reported the discussion and actions taken at the October 9, 1995 City Council meeting. Commissioner Kolstad reported her attendance at the Snowmobile Task Force meeting. She stated she and Roxanne Martin have volunteered to Co-Chair the Task Force. She reported the task force discussed various damage issues and how to obtain data. The task force intends to send a notice to the Sun Sailor and the Shorewood Newsletter providing guidelines, curfew and encourage residents to report violations. She reported there was also discussion of establishing a hot-line for residents to use. 4. ADJOURNMENT Pisula moved, Turgeon seconded to adjourn the meeting at 8:40 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial . . . r CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 5, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES CALL TO ORDER Acting Chair Rosenberger called the meeting to order at 7:02 p.m. ROLL CALL Present: Acting Chair Rosenberger; Commissioners Kolstad, Lizee, and Turgeon; Council Liaison Benson and Planning Director Nielsen. Absent: Chair Borkon; Commissioners Foust and Pisula. APPROVAL OF MINUTES Lizee moved, Turgeon seconded to approve the October 17, 1995 Commission meeting minutes as presented. Motion passed 4/0. 1. 7:00 PUBLIC HEARING - PRELIMINARY PLAT - ZACHARY WOODS Applicant: Location: Brent Sinn 6035 Galpin Lake Road Chair Rosenberger announced the case and outlined the procedure for a public hearing. Nielsen reported that in 1994 Mr. Sinn proposed to subdivide the property located at 6035 Galpin Lake Road. The property is 3.7 acres in the R 1 CIS zoning district and is subject to the residentiallshoreland management guidelines. A number of developments have been proposed for this site. The initial proposal included a cul-de-sac which would extend from Galpin Lake Road into the middle of the site requiring alteration of the wetlands and creating five 1/2 acre lots. At that time staff had suggested an alternative which would avoid development in the wetland and still create five lots. The drawback to that alternative was it involved a condition that Galpin Lane, a private road, provide access to the new cul-de- sac and would result in two intersections very close together on Galpin Lake Road. The Planning Commission favored this alternative but it was never before the City Council as the applicant provided an alternative plan. This alterative was approved by the City Council and involved a variance. The applicant proposed three lots and required negotiation for an easement from Galpin Lane as access to the eastern-most lot. The negotiations with the Galpin Lane Association disintegrated and the [mal plat and variance which was approved was never recorded. Mr. Sinn has now submitted two alternatives for the development of the property which do not require access from Galpin Lane. Either alternative will result in three lots (one with the existing home on it). Alternative A would create two new lots on Galpin Lake Road with 100 feet of frontage between the new lots which would be part of the existing homestead site. This would require alteration of the wetland and is similar to the original plan which was denied by the Planning Commission. Alternative B would create the two new lots further to the south, the 100 foot frontage for the homestead parcel would abut Galpin Lane, and no variance would be required. The advantage of Alternative B is it leaves the open drive which would allow development of the remainder of the property without involving the wetland. A City street could be built to serve additional lots in the rear or the rear lot could be split off upon successful acquisition of access to Galpin Lane. In addition to this, Mr. Sinn has agreed to sell outlot A to the property owner to the southeast. This will increase the conformity of that lot. Nielsen indicated staff is recommending approval of the preliminary plat utilizing Alternative B. Brett Sinn, 6035 Galpin Lake Road stated either alternative has future development potential. His only concern was that future development would require access off Galpin Lane. PLANNING COMMISSION MINUTES December 5, 1995 - PAGE 2 . Chair Rosenberger opened the public hearing at 7: 11 p.m. Jay Donahue, President of the Galpin Lane Association stated the Association had worked closely with Mr. Sinn over the last 18 months and have seen many fluctuations in plans. He stated the Galpin Lane Association has come to an impasse as far as doing anything on Galpin Lane with Mr. Sinn. Chair Rosenberger closed the public hearing at 7: 13 p.m. Chair Rosenberger asked what issue the Association had as far as access on Galpin Lane. John Tietz, 22680 Galpin Lane, noted the street was as narrow as 14 feet in some spots with parking adjacent to some homes. It is a self-contained area with many children which is served by seven homes already. He noted Mr. Sinn had not met several of the required conditions. Nielsen noted it had been a condition of approval that Galpin Lane be widened to 20 feet. Mr. Sinn had come to the City Council at a later date and asked to shorten the amount of length that had to be widened and the request had been denied. Commissioner Turgeon noted Alternative A was basically the same as the application which was tabled in 1994. She noted that request required significant site alteration to obtain access. Nielsen indicated neither Alternative A or B required significant site alteration. Commissioner Turgeon asked Mr. Sinn which Alternative he preferred. Mr. Sinn stated he preferred alternative A as it did not require future negotiation with the Galpin Lane Association but he would let the City make the decision. Chair Rosenberger and Commissioner Turgeon expressed their disappointment that the two entities involved could not resolve the access issue. . Turgeon moved, Kolstad seconded to recommend to the Council that it approve the Preliminary Plat for Zachary Woods - 3rd Application for Brent Sinn, 6035 Galpin Lake Road subject to staff recommendations and all of the previous conditions which had been imposed in the earlier plat approval except requiring access easement from the Galpin Lane Association. Commissioner Turgeon questioned the placement of the driveways. Mr. Sinn noted the driveways had been repositioned with Lots 1 and 2 sharing a driveway and only two driveways off Galpin Lake Road. V oting on motion: Motion passed 4/0. The Council will consider the recommendation at its December 11, 1995 meeting. 2. 7:15 PUBLIC HEARING - CONCEPT STAGE PLAN - WATER'S EDGE P.U.D. Applicant: Location: Bill Blegen 20295 Manor Road . Chair Rosenberger announced the case and outlined the procedure for a public hearing. Nielsen reported Mr. Blegen owns the property located at 20295 Manor Road which contains 5.9 acres ofland with 1.86 acres of designated wetland. The property is zoned R-IA, Single-Family Residential and is characterized by rolling steep topography and scattered vegetation. The south edge of the property abuts a large pond known as Footprint Lake. Mr. Blegen owns an existing home on the property which overlooks the pond. Due to the features of the property including the steep slopes and the configuration of the property the applicant is proposing the use of the planned unit development. This would allow . . . PLANNING COMMISSION MINUTES December 5, 1995 - PAGE 3 flexibility in lot size while maintaining a density of one unit per 40,000 square feet. The plan provides for a "half-bubble" cul-de-sac to consolidate access into the site. Three of the lots will have driveways off this access and Lot 1 will have access off Vine Street as far north from the intersection as possible. The applicant has requested flexibility to allow a driveway off Manor Road for Lot 4. This could be included in the development agreement as part of site plan approval. Although there are four lots proposed, only lots 1, 2, and 3 will be platted currently with the fourth lot remaining part of the homestead lot. Nielsen noted the applicant proposes to exchange land with a property owner to the north. This will allow the applicant to dedicate 20 feet of right-of-way for Vine Street to the City and widens the lot of the property owner to the north, bringing his non-conforming house into compliance with side yard setback requirements. The wetlands on the property are subject to the setback requirements of the wetland ordinance. Through the process of the P. U.D. there may be an opportunity to increase these setbacks. Nielsen reported the City Engineer is in favor of the "half-bubble" cul-de-sac. The P.U.D. will attempt to concentrate on logical buildable sites in the natural clearings of vegetation rather than 40,000 square foot sites. The square footage of lot 1 will be 36,550, lot 2 will be 61,300, lot 3 will be 35,960, and lot 4 will be 28,970. Despite the size of the smallest lot, the project will serve as a nice transition between the R-1A zoning district and the R-1C district to the west of the subject site. The smallest of the proposed lots is more than 70% of the minimum size required for a buildable lot. There will be some clearing required for the cul-de-sac but the driveways can wind in between the trees. A tree preservation and restoration plan will be required. Nielsen indicated staff is recommending approval of the P.U.D. concept plan subject to four stated conditions. Condition 3 may be modified to include a provision in the development agreement to allow consideration of access to Manor Street from lot 4. Kevin Norby, landscape architect, stated this was a very unique property due to the significant stands of vegetation along the lake shore and the topography. He noted there will be minimum grading on the sites. The intent is to work with the architect to create a footprint for the homes which will have minimal disturbance to the four lots. The first house will have access off Vine Street. The second house is situated as to result in a fairly long driveway but will avoid the steep slope and small wetland of 1400 square feet. This driveway may result in the loss of one or two trees. The third house will occur in the same location as the existing house. The fourth house will occur on top of the existing driveway and the front yard of the current house. The applicant, however, has no plans to develop lots 3 and 4 at this time. Chair Rosenberger opened the public hearing at 7:53 p.m. Larry Buesgens, 20090 Excelsior Boulevard, stated his main concern was the impact of this development on Footprint Lake and the water level. He noted the water level has been increasing significantly over the past 18 months. He was concerned that a significant number of trees would be drO'llll by the lake may drown. He questioned the storm sewer and drainage on the site. Currently there is not a lot of drainage into the lake but most is held on site in the low land between lots 1 and 2. He questioned if their was a minimum lot size required in the P. U.D. He expressed concern with the amount of filling and grading that would be necessary due to the topography and its impact to the lake. He asked about the City's opportunity to make changes to the setbacks. Mr. Buesgens questioned if it would be possible to limit the size of outboard motors allowed on the lake. He asked if there was a project drainage plan and why there would be no public input accepted at the City Council meeting in regard to this issue. Chair Rosenberger entered letters received from Angela Topeff, 5080 Anthony Terrace; Monica Pahl, 5100 Anthony Terrace; and Marianne and Randall McDaniel, 20405 Manor Road into the record. Chair Rosenberger closed the public hearing at 7:58 p.m. Nielsen stated the level of Footprint Lake is currently being monitored. If the level continues to increase it may be necessary to modify the outflow structure. This condition, however, needs to be monitored for . PLANNING COMMISSION MINUTES December 5, 1995 - PAGE 4 a period of time to ensure it is not a fluctuation due to weather conditions. With respect to drainage, Nielsen noted the City of Shorewood's policy is that any new development has to accommodate their own drainage and the run-off after development cannot exceed the run-off before development. The comprehensive plan also addresses the quality of water and requires the installation of NURP ponds to ensure the water leaving the site is as clean as possible. Nielsen noted by utilizing the P.U.D. in this project, each site would be custom designed to fit the specific site and mass grading will not be required. There may be some minimal grading required associated with creating the NURP ponds. The storm water and sewer plans will need to be provided as part of the development stage plan. Nielsen stated there is no minimum parcel size required for this P.D.D. Nielsen explained the wetland setbacks may be increased to keep building further from the pond. This will leave more natural ground between the structure and the pond and create less disturbance to the slopes and less clearing of vegetation. Nielsen noted Footprint Lake is a pond and not a lake and he was unclear as to the limits which could be placed on outboard motor size. He indicated he would discuss this point with the City Attorney. Nielsen stated in the P.U.D. process the public hearings are conducted at the Planning Commission level. He noted comments could be submitted in written form to the City Council but would need to be received by December 7, 1995 to be included in the packet for the next meeting. Commissioner Kolstad questioned if lot 4 had sufficient buildable area to support a house and who would be responsible for maintaining the cul-de-sac. Nielsen stated there was sufficient area while conforming with the R-IA setback requirements and the cul-de-sac was a City street. Commissioner Kolstad expressed concern with the small size of lot 4. Commissioner Lizee questioned the sight lines from the cul-de-sac and if there would be pond access for all lots. She stated she would prefer lot 4 have no direct access onto Manor Street but have access from the cul-de-sac. Nielsen reported the engineer was satisfied with the sight lines from the cul-de-sac. . Mr. Norby stated the issue of access to the pond had not yet been resolved. . Commissioner Turgeon asked if the house on lot 2 would maintain a distance of 50 feet from the small inland wetland area. Nielsen confirmed it did. Chair Rosenberger expressed his concern with the lot sizes. Turgeon moved, Kolstad seconded to recommend to the Council that it approve the Concept Stage Plan for Bill Blegen, 20295 Manor Road subject to staff recommendations and site plan consideration of access to Manor Road for Lot 4. Motion passed 4/0. The Council will consider the recommendation at its December 11, 1995 meeting. Chair Rosenberger recessed the meeting at 8: 19 p.m. and reconvened at 8:24 p.m. 3. 7:30 PUBLIC HEARING - SETBACK VARIANCE Applicant: Location: Richard Hoyt 5710 Ridge Road Chair Rosenberger announced the case and outlined the procedure for a public hearing. Nielsen explained Mr. Hoyt owns the property located at 5710 Ridge Road, on Christmas Lake. Nielsen noted the Building Official was directed to inspect the property based on neighbor complaints in regard to a deck structure and a screened porch. It was determined these structures were constructed without a building permit and are in violation of the zoning regulations of the R-IA/S, Single-Family Residenti~ Shoreland Management Guidelines. The property contains 103,938 square feet of area and IS PLANNING COMMISSION MINUTES December 5, 1995 - PAGE 5 . characterized by steep topography and heavy vegetation. The existing lot coverage is 18%. A 24 foot by 24 foot deck has been constructed six feet from the ordinary high water mark of Christmas Lake with a one-story screen porch / storage building covering as much as 75% of the deck. There is an existing stair system, a shed and a mechanical lift station also located on the lot. Nielsen noted Mr. Hoyt has submitted a letter and photographs which he feels support his request to allow a variance for the deck structure. Nielsen explained Shorewood's Zoning Code requires structures be located 75 feet back from the ordinary high water level of Christmas Lake in addition to bluffline setbacks with the exception of docks and walkways necessary to access the shoreline. Mr. Hoyt cites topography as a special condition which precludes "reasonable access to and use of Christmas Lake". Staff feels the lot is steep but it has two means of access to allow use of the dock and no case has been made as to why residents with steep lots need to have decks and porches nearer the water than those with less steep lots. The house also has a large deck system on the top of the hill. The applicant cites numerous properties to the south of his that have structures too close to the shoreline. The Zoning Code provides for non-conformities which existed prior to adoption of the Code to continue in existence as long as the use of the property is not expanded, intensified or altered. The applicant is also focusing on a relatively small cross-section of the Shoreland zoning district. There are also eight other lakes which are subject to the Shoreland district regulations. The regulations intent is to keep the shoreland looking as natural as possible. To grant a variance in this case would convey a privilege not enjoyed by others. The intent of the City has been to remove non- conforming structures rather than allow more. A number of non-conforming structures have been required to be removed from Christmas Lake. Both the City code and state statutes provide that the "hardship" faced by the owner can not have been brought about by the actions of the owner. There was not a building permit issued for this deck. The contractor should have been aware of the necessity of a building permit. . Nielsen noted the City has just updated the comprehensive plan and one goal of that plan was to protect the natural characteristics of the woodlands and shorelands. To grant a variance in this case would serve to proliferate the built environment rather than the natural character Shorewood values. Nielsen indicated staff is recommending denial of the variance request. Richard Hoyt, 5710 Ridge Road, acknowledged he had built the deck without a building permit but he had not been aware a permit was necessary. He stated he felt the uniqueness of the property justifies the granting of a variance. He stated he understood the philosophy and legitimate interest of preserving the environment but noted that he had gone to an extreme extent to design the roof of the porch portion of the deck so all runoff is diverted as far up the hill as possible and landscaped on all three sides. This had been done in an endeavor to preserve the serenity of Christmas Lake. He stated the deck can hardly be seen from either side and within a year or two, the bushes and trees will totally obscure the deck. He noted the topographic features are another reason for granting the variance. The topography creates a problem of enjoying the lake. He stated you can get down to the lake but are unable to do anything down there. He noted his property is 110 feet above the lake and his home is 300 feet from the shoreline. He does not feel granting the variance will afford him any privilege not enjoyed by others. If the variance is not granted it will deny him reasonable use of his property. Chair Rosenberger entered a letter received by Nancy Thompson Ulvestad and Rolf F. Ulvestad, 5730 Ridge Road into record. . Chair Rosenberger opened the public hearing at 8:42 p.m. Kevin Kuester, 5885 Christmas Lake Road, stated there are those that like these structures, those who don't. He has lived in the area for seven years and there has always been a balance. He noted whatever decision was made tonight will result in more or less of these structures. He stated this was what the Commission needed to consider more than anything. PLANNING COMMISSION MINUTES December 5, 1995 - PAGE 6 . Chair Rosenberger closed the public hearing at 8:43 p.m. Commissioner Kolstad asked if the other properties on Christmas Lake had these structures before the zoning changed and when the setbacks had been changed. Nielsen stated he felt this was the case. He noted Christmas Lake is a difficult area to monitor as there is no access to the lakeshore. There have been various complaints at various times and some structures have been required to be removed. If a complaint is received the City will investigate and try to determine when the structure was built. He stated the 50 foot setback has been in place since at least 1973. The newer shoreland management guidelines of a 75 foot setback have been in place since 1985. The Shoreland Guidelines were amended last year to include the bluff impact zone. Commissioner Kolstad asked if there had been a situation similar to this where a resident had been asked to remove a structure. Nielsen indicated he could recall only one such situation which involved a gazebo on Lake Minnetonka. Commissioner Kolstad reported she did view the deck on site and acknowledged Mr. Hoyt had gone to great lengths to hide the deck with vegetation and landscaping. She stated there was a deck to the south and many others along the shoreline that were the same as Mr. Hoyt's. She did not feel his deck would alter the character of the area. Commissioner Turgeon stated she had also visited the site and agreed with Commissioner Kolstad. Her only difficulty was in setting a precedent not only on Christmas Lake but on all the lakes. The decks to the right and left of the property could have been put in long ago and are "grandfathered in". She stated there was no hardship. Mr. Hoyt has access to the lake. He is not being denied a privilege afforded to others. The topography is similar in the lots all many of the lots along the side of the lake and those residents are not allowed to build a deck either. . Chair Rosenberger stated he felt a variance would not have been granted even if Mr. Hoyt had approached the Commission before building the deck. He stated the issue of whether the property could be put to a "reasonable" use was open for debate. A structure that close to the lake would alter the character of the area. He stated he understood the neighbors had similar decks. If these are non- conforming, these residents would also be asked to support a variance. He stated he had difficulties supporting the variance. Commissioner Kolstad stated she had difficulties with the term "reasonable use". Nielsen indicated this term was somewhat subjective. Turgeon moved, Lizee seconded to recommend to the Council that it deny a setback variance for Richard Hoyt, 5710 Ridge Road and the applicant correct the violation by June 1, 1996. Motion passed 4/0. The Council will consider the recommendation at its December 11, 1995 meeting. Mr. Hoyt asked if he could have time to determine some alternatives. Nielsen explained the procedure for having the item removed from the December 11, 1995 City Council agenda. Mr. Hoyt's request will be considered at the February 26, 1996 Council meeting. 4. 7:45 PUBLIC HEARING - SETBACK VARIANCE AND VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Applicant: Location: Karla Peterson 21095 Forest Drive . Chair Rosenberger announced the case and outlined the procedure for a public hearing. . ~ I PLANNING COMMISSION MINUTES December 5, 1995 - PAGE 7 t Nielsen reported Mr. Rick Riley, Sawhorse DesignerslBuilders, has requested on behalf of Karla Peterson, a setback variance to construct a covered wheelchair ramp at 21095 Forest Drive. The property is zoned R-1D/S, Single Family Residential/Shoreland. The proposed ramp will connect the garage to the existing home with a covered wheelchair ramp system. 30 feet of the walkway will extend into the rear yard setback. Nielsen explained the lot contains 31,097 square feet of area and is occupied by the existing home with a proposed rear addition, the garage and an existing shed in the southeast comer of the lot. The walkway will be 14 feet high at the highest end of the gable with the walls being 10-12 feet high. The applicant had considered moving the garage and attaching it to the house. It was determined this would result in more trees being removed and more site alteration. Staff has suggested screening to soften the visual impact of the walkway on the surrounding properties. If the variance is granted, the applicant should be required to provide a detailed landscape plan prepared by a registered landscape architect. Upon City approval of the plan a letter of credit or cash escrow for up to 1.5 times the estimated cost of the work should be required to ensure the work will be done by July 1996. Another condition of the variance should be that at such time as the occupant no longer requires the wheelchair access, the ramp will be removed. Nielsen indicated staff is recommending approval of the variance. Chair Rosenberger opened the public hearing at 9:08 p.m. Bobbie Hodgson, 21145 Forest Drive, stated she was the neighbor to the west of the property and did not have a problem with the variance. She indicated Ms. Peterson's yard was on the side of her house and she would support the requirement of the addition of some trees and beautification of the yard. Chair Rosenberger closed the public hearing at &@ 9: 1 0 p.m. Lizee moved, Turgeon seconded to table the request for a setback variance and variance to expand a non-conforming structure for Karla Peterson, 21095 Forest Drive until January 2, 1996 and request a detailed landscape plan be submitted. Motion passed 4/0. 5. MATTERS FROM THE FLOOR - None. 6. REPORTS Commissioner Kolstad reported the Snow Mobile Task Force has hired an individual to facilitate the meetings and help conduct the resident survey. She noted the individual has been a good addition and has been very effective at keeping the meeting moving and the group focused. Co~ssioner Turgeon requested the topic of minimum lot size be added to the agenda of the next study seSSIOn. Nielsen reported on the Highway 7 Corridor Study between Highway 41 and the City of Hutchinson. He stated an open house had been held in St. Bonifacius last month to discuss the Shorewood segment of the highway. The highway will not be upgraded to a four lane highway due to the lack of funds available. However, the goal of the committee is to improve and enhance safety and eliminate and consolidate access points. It has been recommended the shoulders be expanded to 10 foot wide paved shoulders rather than 6 foot shoulders. This will help the traffic flow and also allow space for bicycle traffic. The committee has directed MNDOT to apply for a grant that may fund the additional four feet of shoulder. Nielsen reported the consultant and MNDOT are recommending the following: close the access at Lake Linden Road, close the access at Wood Drive, close the access at Pleasant A venue and bring the traffic to Wiltsey Lane to align with a new intersection in Chanhassen, close the access at Seamans Drive and bring Yellowstone across and up to Eureka (which is a designated collector street), look at the right turn