2000 planning minutes
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, JANUARY 4,2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Callies called the meeting to order at 7:31 P.M.
ROLL CALL
Present:
Chair Callies; Commissioners Anderson, Bailey, Skramstad, Turgeon, and
Woodruff; Planning Director Nielsen, City Engineer Larry Brown, Council
Liaison Lizee
Absent:
Commissioner Collins
APPROVAL OF MINUTES
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Woodruff moved, Bailey seconded approving the December 7, 1999 Planning Commission
Meeting Minutes as amended:
Page 3, last paragraph, line 1 change "refereed" to "referred."
Page 3, last paragraph, line 1 (and throughout) add "page" before HO-13.
The motion passed 6/0.
1. PUBLIC HEARING-PRELIMINARY PLAT - COUNTRY CLUB MEADOWS
Applicant:
Location:
Joe Lemmerman, JEL Companies
25100 Smithtown Road
Planning Director Nielsen stated that because the preliminary plat will require revision, it is the
recommendation of staff to table this matter until the February Planning Commission meeting.
However since it was published as a public hearing the Planning Commission should take public
testimony and, if agreeable, table a decision until more data is available.
Chair Callies asked if people were present who wished to make a statement about this issue.
Several people raised their hands, so Mr. Nielsen provided an explanation of the proposed project
and described the site characteristics.
Mr. Nielsen stated that some alterations to the property's wetlands are proposed and the plan
includes a drainage pond. As far as the plat goes, all lots meet or exceed minimum size
requirements and are consistent with Shorewood's Comprehensive Plan. There remain a number
. of issues, two of which are significant.
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There is considerable concern about drainage and existing wetlands. Serious drainage problems
have been noted immediately north and west of the site. While the site will be designed to drain
away from that, the applicant has said that lots will be custom graded. Staff recommends that a
detailed grading plan for the overall property be prepared in advance, given the sensitivity of the
drainage.
As far as wetland protection, this property has some issues. Nielsen exhibited a drawing of
wetland and setback requirements. With the City's requirement for a 35-foot buffer, plus a 15-
foot setback, lots 2 and 9 are eliminated as buildable lots. The more westerly wetland is marginal
as a wetland, but having shown it on the plat, it is considered to be a wetland. Yet it is possible
to be filled and mitigated, which would result in the loss of lot 9. Nielsen suggested there may be
an advantage to filling the wetland on the west end.
The proposed street ends in a cul-de-sac and the length of 750 feet is consistent with City policy.
Street width and diameter both meet subdivision requirements. Sanitary sewer is available off of
Smithtown Road and similarly, water is available.
As far as tree preservation, it is likely the pond would have to be made bigger, and cause greater
tree loss. It looks as though redoing the street and increasing ponding will cause a loss of more
trees than the developer has indicated. Staff suggests attention be paid to the ponding area at the
entry for possible tree replacement.
. City Engineer Brown spoke to the concern of drainage and issues with the street. He explained
that the applicant's engineer has proposed a reverse curve to reduce impact to trees and wetlands.
The City recommends for a cul-de-sac of this nature that a 25 mph design speed be used. This
means that additional tree and wetland impacts would be incurred, or if possible, easement would
be required to allow a shift in alignment.
Brown reiterated that the challenge is in grading and drainage. He is also recommending an
entire grading plan be prepared to be sure sensitive drainage patterns are kept in tact. Brown
explained that the subject parcel has two drainage areas and showed the current drainage pattern.
Water complaints from neighbors adjoining the property have been made. As part of this plan,
the City wishes to direct drainage from the Harding Lane area and redirect drainage to the north.
Brown added that it is not the intent of the City to increase water flow and so a retention pond
would be required. The applicant's engineer has shown that from the Harding Lane area, there
are over 5 acres that drain which would be reduced to 2+ acres. Brown also recommends that
this item be tabled.
Engineer Scott Dahlke of Meyer-Rohlin, Inc. spoke on behalf of the applicant. He said they
prefer the option of custom grading because it minimizes tree and vegetation removal. They
understand the concern with grading by individual lots, however he feels they can work with staff
to make sure grades are set in potential problem areas. In other areas, they would like to leave
the grading as is.
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Mr. Dahlke also commented on the radius of curves in the street design and suggested a couple
of options. The street could shift to the east to meet the 25 mph standard. They can also make
modifications to the pond and outlet to meet flow rates.
Mr. Dahlke stated that they did not include the City's setbacks for the wetland areas because they
were not aware of those requirements. They thought the Minnehaha Watershed requirements
were sufficient and apologized for the omission. He feels they can modify the plan accordingly
and maintain the lot numbers. Chair Callies asked Mr. Dahlke if it is his intention to consider the
35-foot requirement. He said yes. There were no questions from the Planning Commission.
Chair Callies opened the public hearing, reminding those present that action will be tabled until
the February meeting.
Mr. Jim Latterner (25235 Smithtown Road) said that he is one of people who owns property
adjoining 25100 Smithtown Road. He described the changes in the surrounding land which have
occurred over the years since the sewer system was installed, noting that in 1966 there was no
wetland designated in that area. He asked if there would be a refund (with interest) for some of
the 14 lots that his father owned and was assessed for sewer some 30 years ago. He also stated
that the City should compensate for the wetland, which developed as a result of the sewer
project.
.
Commissioner Anderson asked for clarification on whether Mr. Latterner was for or against the
proposed plat. Mr. Latterner stated that he is in favor of it.
Chair Callies asked if he is concerned about drainage problems with the property. Mr. Latterner
said that the City is partially responsible for the way those wetlands have developed and the
resulting drainage problems. He explained how drainage occurred in the past compared to the
current water flow patterns, adding that a low area on his own property could possibly be dug for
additional ponding. He would not be adverse to that if it would help with the problem.
Mr. Dan Ohland (25070 Smithtown Road) introduced himself as "the non-conforming person to
the east" and said that he shares a driveway and easement to the subject property. He explained
that after a heavy rain, water goes close to houses on Star Lane, creating what looks like a river in
some back yards. His main concern with the proposed development is drainage.
Mr. Ohland's other concern is that, although he has a deeded right to store equipment and
supplies for his landscaping business on his own property, it could become an issue to new
neighbors. The existing residents know he is there, but new people could have problems with it.
Mr. Ohland said he wants it noted that this point was stated. Planning Director Nielsen verified
that a Conditional Use Permit was issued and is in the file which allows the non-conforming
property.
Ms. Nancy George (25180 Smithtown Road) stated that she feels this proposal is good but she
. does not agree with a 25 mph design for the street and recommends, for safety reasons, that it
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JANUARY 4, 2000 - page 4
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should be 15 mph. She also testified that the existing wetland was not a wetland 30 years ago,
adding that the Star Lane houses were built on a swamp.
Mr. Roger Nitz (25015 Smithtown Road) stated that his property is also a wet area and he is
concerned about drainage with this project.
Mr. Bo Witrak (representing the Minnetonka Country Club - 24575 Smithtown Road) said he
shares the view with Mr. Latterner in the drainage issue and is concerned with what has been
mentioned already. He explained that the golf course is in a bowl and that any development will
increase runoff from the surface. He is concerned this will further aggravate the problem of
being unable to maintain a dry golf course, which could seriously affect their business.
Mr. Rick Brown (5635 Harding Lane) indicated on the display map where he has observed runoff
from heavy rains and snowmelt, and showed photos of the resulting water flow on his property.
He is concerned about direct damage to his property if runoff increases from the development.
He added that when the Harding development went in, additional storm sewers were not
adequate and increased the problem. He would like to see something that would bring water
underground or some excavating to trap water from flowing out of the new plat.
.
Mrs. Pat Brown (5635 Harding Lane) stated that in spring they can see the lay of the land and
that it does drain toward the smaller ponding area. However, the drainage area closer to
Smithtown becomes standing water and backs up toward the smaller pond and drains into their
neighbor's yard, eventually becoming a river at their house. The Brown's hope is that grading or
drainage will bring water toward the south and away from residential areas.
Commissioner Anderson thanked the Browns for sharing their photos and asked staff if this area
is addressed in the proposal. Engineer Brown said the plan does not propose a solution for
Harding Lane. The City has heard from residents on the east side of Harding for many years and
he knows this site will be a challenge.
Commissioner Anderson asked about the storm system for Star and Harding Lanes. Brown
described the current system, adding that there is a 45-foot utilities and drainage easement and it
would be interesting to survey those individuals to see if stormwater management would be
palatable. A pipe in that area could be an improvement. There are minor storm sewers on Star
Lane.
Mr. Mike Murphy (5700 Star Lane) said his property has the drainage easement that handles
most of Star Lane along south side and back of his property. He is also concerned about drainage
as his property has a good amount of standing water in the spring and during rainstorms. He
would like to be assured that changes to drainage would not worsen the problem and hopefully
would improve it. He does not want the already wet condition to become worse.
Dana George (25295 Smithtown) stated that he is in favor of site plan and hopes that it will
. lessen the water problems on Harding Lane by redirecting water. He commended the City for
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being aggressive with the issue and feels they are on the right track. He said he knows the
project will impact the back of his property, but there is already a wetland there.
There being no further comments, Chair Callies closed the public hearing.
Callies asked staff if these issues are to be worked on for the final plat. Engineer Brown said that
he thinks the applicant's engineer has gone a long way toward addressing drainage issues and
will further consider the issue in the plan.
Planning Director Nielsen said the City and Minnehaha Watershed policy is that the rate of
runoff cannot exceed the predevelopment rate. Any development will increase the volume of
water that leaves the site. The purpose of the ponding area is to control the rate of runoff. There
is also concern about the quality of water, which is where NURP ponds come in. This project,
however, does not require NURP standards because it is not effective on a small scale.
Commissioner Bailey asked about parameters for this site. Nielsen said some water would still
drain toward Harding Lane. The idea is to balance so to equalize the impact. Bailey asked if the
property was designed to force water one direction, would those neighbors have some recourse
against the City. Brown said it is virtually impossible to have the pre-development rate end up to
be equal in all areas. That's where we are responsible to match the pre-developed rate. It boils
down to good judgement on our part.
.
Commissioner Turgeon asked if the extra lot could be diverted to that area in order to help the
Harding Lane drainage concern. Brown explained that part of the problem is that the existing
wetland is an area that directs water into a ravine, as indicated in the photos provided by Mr.
Rick Brown. It remains to be seen, but since lot 9 is a rough site, they may look at that area as
well.
Commissioner Turgeon asked if it is possible that the developer could lose one of the proposed
lots to this issue. Brown said that a shift in the street alignment might help, however it may
come down to other factors. Chair Callies asked if there are too many constraints to allow 9 lots
on this property. Nielsen said that is probably what staffwill be suggesting.
Commissioner Woodruff brought up a recent matter on a Seaman's Drive property, asking if that
will be a greater problem as well. Brown explained that, knowing whether this site flows to the
north or the south, both are at capacity. That's why we tried to get as much drainage to the south
as possible. Both situations are faced with the same criteria.
Commissioner Anderson asked about the requirement for NURP ponds. Brown said an 8-acre
site requires a NURP pond. The pond for the Country Club Meadows project is meant to address
rate reduction, not water quality. Anderson said he agrees with Commissioner Woodruff that a
second site in the same area has a notable affect on water flow and wonders if the excess will be
too great with a total of 14 new sites this year.
.
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Engineer Brown stated that part of the problem has been to address issues on a development-by-
development basis, rather than considering the overall affect on a regional level. While a
regional plan is not yet in place, he noted that the amount of runoff from a regional standpoint is
small. When looking at specific areas (such as Christopher Road), there is a heightened
awareness for overall stormwater management.
Chair Callies asked if there is a way to address this particular proposal without a regional
stormwater plan in place. Brown said it's somewhat of a no-win situation because it will cause
more water in any case, as there is no way to reduce total volume of flow. As far as
improvements, we are somewhat limited, but could look at Mr. Lattemer's offer to use wetland
area on his property.
Chair Callies asked, to what extent this makes the problem worse without addressing a
stormwater plan. Brown said the developer is required to meet runoff requirements. Although
increased runoff will be a nuisance, it will not impact structures, which is the priority. Nielsen
added that the City's point is to see that existing drainage problems are not worsened. The
implementation of a regional stormwater plan is separate from this development.
Commissioner Turgeon asked if tabling this until February allows enough time to for issues to be
resolved. Nielsen asked the applicant if revised plans could be to the City by January 14. The
engineer for the applicant said yes. Planner Nielsen suggested February 15 as a continuation of
this meeting, which could give time for the Watershed District.
Commissioner Anderson asked how this process works with the Watershed. Nielsen described it
as a "chicken and egg" situation, however the City can approve a plan subject to revisions and
approval of the Watershed.
Anderson asked if there is a draft version of the stormwater management plan available for
getting preliminary ideas. Brown said that WSB has prepared a draft plan and they are verifying
that it is consistent with the City's philosophy and. He added that WSB has looked at this very
site with regard to the stormwater plan.
Bailey moved, Anderson seconded to table consideration of this preliminary plat to
February 15, subject to the developer giving a letter requesting an extension to the 120-day
deadline rule.
There were further comments and discussion about drainage problems with the property.
The motion passed 6/0.
2. PUBLIC HEARING-ZONING CODE AMENDMENT REGARDING C.U.P.
PROCESS FOR TWO HOUSES TEMPORARILY ON A SINGLE LOT
Planning Director Nielsen stated that this amendment pertains to the two next items on the
agenda. He explained that there have been a number of requests where people want to live in
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their existing home while they construct a new home on the same property. Those have been
approved based on a variance being granted. Each time that has come up (more frequently as of
late) it was mentioned that a variance is not the proper zoning tool and have granted a variance
with stipulations.
This action is an amendment to say that a C.D.P. is required rather than a variance, which means
the applicant must meet certain conditions. There would still be a public hearing process, etc.
The burden of the applicant to meet hardship requirements is the main difference. Nielsen read
from the draft of the Proposed Zoning Code Amendment with four requirements,., which are
placed as conditions, adding that staff recommends approval of this amendment to the Code. If
approved, it will be forwarded to City Council as a zoning code amendment and would be
published in two weeks time.
Chair Callies asked if there are comments in the public hearing. There were no comments from
the floor. Commissioner Anderson asked how many similar requests there have been in the past.
Nielsen said there were approximately five or so in the past 7 to 8 years.
When asked if there have been problems, Nielsen said not among those, but the concern was
highlighted before that in an instance where an old home remained for several years on a
property. The City had little leverage in that case. This approach should resolve that.
.
Commissioner Turgeon asked if this would allow for a mobile home to be temporarily placed
during construction, and provide for its eventual removal. Nielsen said this would allow for that
possibility.
Council Liaison Lizee asked if the word "existing" should be used to describe the single-family
residential dwelling in the first new statement. Nielsen said that should not be a problem, but
may not cover the mobile home scenario.
Commissioner Bailey said that we are not trying to encourage mobile homes, so adding the word
"existing" does make sense. He asked if a statement should be added that says keeping an
existing house should not result in a less desirable location of the new house. Nielsen said that
subheads (a) and (b) are both intended to get at that.
Commissioner Bailey asked if the 150% escrow doesn't work, would the City do an eviction to
get them out of existing house? Nielsen said ifthere was a good reason the homeowner couldn't
meet the 6-month time limit, the City would grant an extension.
Chair Callies asked about the idea of an agreement that the City would remove the extra building.
Nielsen said that is addressed in a standard escrow agreement.
Anderson moved, Bailey seconded to accept the language as presented with the addition of
the word "existing" before "single-family dwelling" in the Proposed Zoning Code
. Amendment. There was no further discussion and the motion passed 6/0.
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Commissioner Anderson left the meeting (8:40 p.m.).
3. PUBLIC HEARING-CU.P. FOR TWO HOUSES TEMPORARILY ON A
SINGLE LOT
Applicant:
Location:
Chris Sebald
20625 Garden Road
Planning Director Nielsen explained that this item is a follow-up to the above amendment and
described the property and the applicant's request. He stated that all of the exiting buildings are
non-conforming, including the house. The proposed plan would relocate the new house to be
within the 50-foot setback and it removes the existing 2-car garage, which extends over the
property line. (Nielsen corrected an error in the language of the memorandum, which identified
the southerly accessory building as the northerly, and the northerly was called southerly.) What
is hereafter called the larger structure will be removed as part of this project. The applicant
would like to keep the smaller accessory building as is.
In summary, Nielsen stated that staff recommends approval ofthe C.D.P. subject to:
.
. The applicants must provide a copy of their contractor's bid for demolishing the older house.
. Prior to requesting a certificate of occupancy, the applicants must provide the City with a
cash escrow or letter of credit, for 150 percent of the bid amount, to guarantee that the house
will be removed and the site restored.
. The existing house and outbuildings must be removed within six months of the applicant
receiving a building permit for the new house. If the southerly garage is to be kept it must be
moved to the west to comply with the 10-foot side yard setback for the R-IA zoning district.
The public hearing was opened.
The applicant, Mr. Chris Sebald, stated that everything as stated in the memo is fine, except with
the removal of the smaller shed. He explained that it is on a foundation with a concrete floor and
has been there for more than 30 years. When the property was subdivided, the lot line was
placed there. The Sebald's would like to keep the shed for storage, however, moving it would be
costly and would upset trees in wooded area. Also, the shed provides a barrier from the
neighbor's house on the other side. Mr. Sebald said he would like to request a variance to allow
this building to stay in its present location.
Commissioner Turgeon asked Mr. Sebald if he was aware of the requirements for obtaining a
variance, one of which is to prove hardship. Mr. Sebald said he is not sure how hardship is
defined, nor was he aware that this is an issue until recently so that it would be impacted by the
project. He added that Council member Stover is his neighbor and is in support of the project.
Planning Director Nielsen cited the example of a recent project, which was a very similar case.
The accessory buildings are allowed to remain when the house was demolished if they are
. conforming.
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Commissioner Turgeon asked if the ordinance change should be reconsidered to include cases of
remodeling projects, as well as demolitions. She said she defines hardship to be when there is no
other spot for an accessory building to go. Mr. Sebald said that moving the small shed would
require removal of trees and/or re-grading, which may cause drainage problems.
Chair Callies explained that, as it relates to the matter before us tonight, it is a condition of this
approval to remove the outbuildings. Variance application could be handled separately after
approval of the C.D.P.
Commissioner Skramstad asked about overlapping footprints of the current house and the
proposed one. Mr. Sebald said the overlapping section is a porch, which would be added after
the existing house is tom down.
There were no other comments and the public hearing was closed.
Commissioner Bailey asked about the proposed driveway location as shown on the plan. Nielsen
explained that he has suggested that the house be shifted to make the driveway to be 5 feet from
the property line. Bailey asked Mr. Sebald if they plan for a 3-car garage as shown on one of the
drawings, or the 2-car garage as pictured in one of the elevations. Mr. Sebald said he is currently
considering a 2-car garage, adding that there is room for a 3-car garage.
.
Commissioner Turgeon asked if they had considered buying land from the neighbor in order to
increase the setback from the smaller shed. Mr. Sebald said they have not. Mr. Nielsen
explained the procedure for re-subdivision. Turgeon suggested it as another alternative for the
Sebalds.
Chair Callies asked if there were any further questions from the Commission. Commissioner
Bailey asked if the C.D.P. should be amended to reflect a change to the driveway placement.
Nielsen suggested that it be included as a condition.
There was further discussion about the timing of the issuance of a Certificate of Occupancy in
cases such as this one and the wording of the ordinance. One idea considered is to require the
150% escrow at the time the building permit application. Some potential situations were
discussed in considering whether that would be necessary.
Planning Director Nielsen suggested a letter of credit be required with the building permit.
Others agreed, adding that they do not anticipate that problem in the case of this particular c.u.P.
Nielsen suggested they could add a reasonable condition to this c.u.P. and later revisit the
ordinance.
Turgeon moved to approve the Conditional Use Permit for two houses on one lot for Sebald
subject to staff recommendations (noting that the labels "northerly" and "southerly" are
reversed), plus the recommendation that the house be shifted 5 feet in order to move the
e driveway further from the property line. There was further discussion and the motion
.
.
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JANUARY 4,2000 - page 10
failed 3/2. (Ayes: Woodruff and Turgeon. Nays: Skramstad, Callies and Bailey) The
C.D.P. is denied.
Discussion turned to the zoning code amendment which was addressed under item #2 on this
agenda.
Bailey moved to table the consideration of a C.D.P. for 2 houses temporarily on a single lot.
Skramstad seconded and the motion passed 5/0.
Chair Callies stated that the C.U.P. was tabled while the Commission reconsiders the zoning
code amendment.
Bailey moved to reconsider the zoning code amendment. Skramstad seconded and the
motion passed 5/0.
Commissioner Bailey suggested a modification to (c), saying that a cash escrow will be in place
at the time the building permit is issued. Callies agreed. It was further suggested to amend (d) to
change "requesting a certificate of occupancy" to "issuance of the building permit." This would
exclude the need for the modification to (c). Nielsen also suggested to strike the last sentence of
(d).
Woodruff moved to revise the zoning code amendment to include changes to (d), changing
"requesting a certificate of occupancy" to "issuance of the building permit" and striking
the last sentence. Turgeon seconded.
It was clarified that this motion only affects changes to (d).
Chair Callies re-opened the public hearing for comment on the zoning code amendment.
Mr. Sebald voiced objection, stating that this now adds one more problem to an already difficult
process. Callies responded that the Planning Commission is looking toward the interest of the
whole community. This amendment is meant to be a way of allowing the owner some leeway of
remaining on the site while building a second home.
Bailey added that it is not asking anything more of a homeowner than they would ask of a
developer. Mr. Sebald countered that it is a larger financial commitment for the owner.
Callies stated that it is only the Commission's recommendation to City Council and they decide
from here. The public hearing was closed.
The motion on the floor went to a vote and passed 5/0.
Chair Callies re-opened the public hearing for the Sebald request for a C.U.P. There was no
comment.
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JANUARY 4, 2000 - page 11
Turgeon moved to approve the C.U.P. subject to the zoning code amendment for two
dwellings on one lot plus the recommendation that the driveway be moved 5 feet from the
lot line. Woodruff seconded and the motion passed 5/0.
It was noted that the c.u.P. carries with it the recommendations of new amendment and will go
to City Council for final approval. Nielsen said if the Council approves, will be published on
January 26 and effective on February 2, 2000. The C.D.P. will go to Council on February 14
with the revised ordinance.
4. PUBLIC HEARING-WETLAND SETBACK VARIANCE
Applicant:
Location:
Dan Heiland
21175 Minnetonka Boulevard
Planning Director Nielsen explained that the owner proposes to split the property into 2 single-
family residential lots. The present home is non-conforming with rear yard setback requirements
for the R-ID zoning district and the intent is to remove the existing structure and build 2 new
homes.
The most significant issue is a small wetland area on the northerly end of the property. It is small
enough (under 2,000 square feet) that it can be filled in under the provisions of the Wetland
Conservation Act. However, the City doesn't want it filled in since it serves as drainage for
surrounding the neighborhood. It is suggested to leave it as it exists and waive the wetland and
buffer and setback requirements.
Nielsen added that from a zoning aspect, requirements are met. If approved it would be subject
to seven provisions which are outlined in the memorandum of December 31, 1999.
Engineer Brown said that he has walked the site and agrees that this wetland area acts as a storm
water detention basin. He recommends that the applicant obtain information from his own
engineer that offers proof to the City that there would be no negative impacts downstream.
Chair Callies asked if there were comments from the floor.
Applicant, Dan Heiland (21175 Minnetonka Blvd.) stated that he agrees with staff to work on the
drainage issue as they have recommended.
Ms. Carla Peterson (20945 Forest Drive) voiced concern about protecting the wetlands. She
asked what prevents a future homeowner from filling it in. Nielsen said that is the purpose of a
conservation easement and the City has done so in the past. Ms. Peterson said that it has
happened in that area and she wants to make sure it would be prevented.
Mr. Matt Phillippi (21155 Minnetonka Boulevard) stated that he is an adjacent property owner
and said that Mr. Heiland has tried to fill that hole, which causes water to come into his
neighboring lot. Mr. Phillippi is concerned that if the property is developed, more water will
PLANNING COMMISSION MINUTES
JANUARY 4, 2000 - page 12
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come into his house. He added that there should be a record in the property file that a culvert
should also be required. He asked who will be responsible if water comes into his basement as a
result of the new construction.
Chair Callies said the recommendation is that there are drainage issues to look at and asked if
there is specific information which Mr. Phillippi could provide. He said that an engineer has
required a see-through culvert and says that more hardcover will aggravate the drainage problem.
Nielsen explained that hardcover is limited to 25% of the land space because of the proximity to
Lake William. He added that there is a letter on file stating that the wetland should not be filled.
Brown added that the recommendations of the approval should address Mr. Phillippi's concern.
The public hearing was closed.
There was further discussion and Nielsen suggested taking this on the February 15 agenda. The
owner said that is plenty oftime for the further investigation by his engineer.
Commissioner Bailey asked if the lot is not subdivided, and if Mr. Heiland fills the wetland, is
there recourse? Nielsen said that filling the wetland has been attempted. Brown added that's
why it is required that the applicant's engineer is required to do calculations so they bear some
liability.
. Turgeon moved to table this item until February 15. Skramstad seconded. Motion passed
5/0.
5. MATTERS FROM THE FLOOR
There were no matters from the floor.
6. DRAFT NEXT MEETING AGENDA
Planning Director Nielsen said the next scheduled meeting is the January 18 study session to look
at projects for the year 2000 that will be identified from the Comprehensive Plan. He asked the
Commissioners who have ideas for prioritizing the list, to turn in their suggestions.
Commissioner Bailey asked to add the issue of drainage to the agenda, saying that he feels
inadequate at making decisions in those cases where projects are delayed. He asked if it is
strictly an engineering decision, or is it qualitative?
Engineer Brown said there are standards that have been proven in court systems for what a City
is allowed or not allowed to do. He explained reasons for criteria and what is left to the
judgement of the individual City. Nielsen added that if you use accepted engineering standards,
you should be in decent shape. Our focus is to not make an existing problem worse and
. hopefully make it better.
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Brown commented that 9 of 10 times, reported water problems happened in 1987 as a result of
the "storm of the century." He said that one cannot design a system to meet that extreme criteria.
There was a discussion of hypothetical possibilities and philosophical perspectives.
Commissioner Woodruff asked about the benefit ofponding. Nielsen explained the City's past
policy of keeping water over-ground, rather than in pipes, adding that nobody wants to pay for
drainage. It is nearly impossible to assess for drainage problems because you cannot prove
benefit.
Chair Callies distributed copies of an article about serving on Commissions, etc.
7. REPORTS
Commissioner Bailey reported that the City Council almost passed the Comprehensive Plan.
Needed adjustments to the Trail Concept map held things up. Planning Director Nielsen will
present a revised draft of the trail section and map for the January 10 Council meeting.
Commissioner Turgeon volunteered to be Council Liaison for January. Commissioner Bailey
will be Council Liaison for February.
New appointments to the Planning Commission will be in February.
. Commissioner Woodruff will not be present at the February 15 Planning Commission meeting.
8. ADJOURNMENT
Bailey moved, Turgeon seconded to adjourn the meeting. Motion passed 5/0.
The meeting adjourned at 10:08 p.m.
Respectfully Submitted,
Connie Bastyr
Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, JANUARY 18, 2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Callies called the meeting to order at 7:07 P.M.
ROLL CALL
Present:
Chair Callies; Commissioners Anderson, Bailey, Collins, Turgeon, Skramstad, and
Woodruff; Planning Director Nielsen, and Council Liaison Lizee
Absent:
None
APPROVAL OF MINUTES
Woodruff moved, Turgeon seconded, approving the January 4, 2000, Planning Commission Minutes
as amended, on Page 6, Paragraph 3, Line 1, change "to what is extent" to "to what extent," Page 8,
Third Bullet, Line 2, change" northerly garage" to "southerly garage," Page 12, under Matters from
the Floor, change "mattes" to "matters," and on Page 13, Paragraph 4, Line 2, change "a map" to "a
Trail Concept Map." Motion passed 7/0.
1. FAREWELL TO COMMISSIONER PAT COLLINS
The Commission noted Commissioner Collins would be missed and wished him well in his future plans.
Commissioner Collins thanked the Commission for their talents and patience and noted hearts were in the
right place in doing what the Commission thought best for the City.
2. 2000 WORK PROGRAM
Director Nielsen reviewed the process the Commission had been instructed in using to determine
prioritization of Comprehensive Plan Work Program projects for the Year 2000.
A designation of"1" was to equal highest priority, meaning completion of the project should be done as
soon as possible. Two was given medium priority, meaning the completion of the project would probably
take place later in the year, and "3" equaled low priority, meaning the project may not be done this year,
but possibly early in the following year.
Commissioner Anderson asked about the possibility of adding stormwater management issues to the Work
Plan Program. Stormwater management became Item D7.
Commission then ranked items found in the Planning Memorandum of January 14,2000. The Commission
decided to focus first on the tasks given a ranking of" 1" with prioritization among those given to the issues
having the most votes. The following is a list of issues ranking of the highest priority and number of votes
for each:
PLANNING COMMISSION MINUTES
JANUARY 18, 2000 - PAGE 2
. BI. Land Use-Update Subdivision Code 7
C4. Transportation-Signalization and realignment of 7
Country Club Rd./Co. Rd. 19 intersection
D7. Community Facilities-Stormwater Management 7
F3. Zoning Code-Accessory structures over 1200 square feet 7
E3. Zoning Code-Update the Zoning Code relative to senior
housing 5
D4/C3. Community Facilities-Regulations to control damage done
by garbage trucks/consider organized garbage collection
**It was decided by the Commission these two items
should be represented together. land 4
A3. Natural Resources-Update tree preservation policy 4
D2. Community Facilities-Joint-use of facilities and services
between unit of gov't 4
C6. Transportation-Close Lake Linden Dr. access to Hwy. 7
. realign intersection at Hwy. 41 and Hwy. 7 3
C7. Transportation-Close south entrance to Freeman Park 3
E2. Housing-Publicize housing grant and assistance programs
through the newsletter and information kiosks at City Hall 3
AI. Natural Resources-Update ordinances related to filling and
grading 2
A2. Natural Resources-Adopt standards for grading on steep
slopes 2
B3. Land Use-Bring nonconforming marinas into compliance 2
B5. Land Use-Study requirements for impervious surface outside
of shoreland areas 2
DI. Community Facilities-Update city water regulations 2
D3. Community Facilities-Explore water system improvements 2
E4. Housing-Update the senior housing needs study and prepare
. new site suitability analysis using current and Census 2000
information 2
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PLANNING COMMISSION MINUTES
JANUARY 18, 2000 - PAGE 3
B2.
Land Use-Identify areas best suited for Planned Unit
Development; update P.D.D. provisions in Zoning Code
I
Cl.
Transportation-Develop criteria for private streets
I
D6.
Community Facilities-Expansion of City Council Chambers
I
F2.
Zoning Code-Fence Requirements
I
In addition, the Commission decided the Land Conservation and Environment Committee would be the best
place for assignment of the following tasks:
A4. Natural Resources-Study the use of pesticides and herbicides
B4. Land Use-Develop and implement programs for preserving open space
All other items on the list were not given a high priority ranking. The Commission decided to determine the
priority of the remainder of tasks at a later work session meeting in the spring of2000.
Director Nielsen stated he would provide the Commission with a layout of these high prioritization tasks on
a six-month and twelve-month calendar at the next Planning Commission meeting.
3.
MATTERS FROM THE FLOOR
There were no matters from the floor.
4. DRAFT NEXT MEETING AGENDA
Director Nielsen noted the City Council Work Session meeting on January 20,2000, had been cancelled.
A later date for the Work Session meeting will be scheduled at the January 24,2000, Regular City Council
meeting. Director Nielsen will provide agenda items for the next Planning Commission meeting.
5. REPORTS
Commissioner Turgeon reported on matters considered and actions taken at the January 10,2000, Regular
City Council Meeting (as detailed in the minutes of that meeting).
6. ADJOURNMENT
Bailey moved, Turgeon seconded, adjourning the meeting at 7:55 P.M. Motion passed 7/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, FEBRUARY 15, 2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Callies called the meeting to order at 7:03 P.M.
ROLL CALL
Present:
Chair Callies; Commissioners Anderson, Bailey, Collins, Turgeon, and
Skramstad; Planning Director Nielsen, and Public Works Director/Engineer
Brown
Absent:
Commissioner Woodruff
APPROVAL OF MINUTES
The correct version of minutes of the January 18,2000, Planning Commission meeting were not
available at this meeting. Approval of January 18,2000, Planning Commission minutes will occur
at the March 7,2000, Planning Commission meeting.
1.
PUBLIC HEARING-PRELIMINARY PLAT-COUNTRY CLUB MEADOWS
Applicant:
Location:
Joe Lemmerman, JEL Companies
25100 Smithtown Road
*For fUture reference, please note there are two planning memorandums onjile at City Hall.
One is a planning memorandum form Brad Nielsen, dated February 11, 2000-referencing File
No. 405(99.28). The second memorandum isfrom Larry Brown, dated February 15, 2000-
referencing Country Club Meadows-Preliminary Plat Review. Both these memorandums provide
significant historical background and detailed analysis and explanation in response to
Commission's questions.
Director Nielsen provided background on this matter. (See planning memorandum from Brad
Nielsen, dated February 11, 2000-referencing File No. 405(99.28). He noted the plat had been
redesigned to meet recommended changes. The preliminary plat now satisfies zoning and
subdivision codes.
Engineer Brown noted this application was previously reviewed at the January 4,2000, Planning
Commission meeting. At that time there were significant concerns related to right of way, roadway
and easements, grading and drainage, as well as sanitary sewer and watermain issues. He supplied
background information on the above mentioned issues.(See Brown memorandum, 2/15/00,
referencing Country Club Meadows-Preliminary Plat Review.)
PLANNING COMMISSION MINUTES
FEBRUARY 15,2000 - PAGE 2
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Engineer Brown noted the revised design of the roadway fails to meet the required design speed
limits at this time. It was requested that the roadway be redesigned to meet or exceed the 25 mile
per hour design speed limit.
The applicant proposes two ponds. The southerly pond, adjacent to Smithtown Road, acts a wet
detention basin and was designed to meet predeveloped runoff rates. It will collect sediment over
time and therefore, as governed by Minnehaha Creek Watershed District, the City will provide
maintenance for this pond. The second pond(northerly) is a dry pond used for rate control of water
runoff. Maintenance for the dry pond should be provided by the homeowners association for the
subdivision. For these reasons, drainage and utility easements should be provided for both ponds
for the 100 year event.
Brown noted although this plat looks friendly, drainage and alignment have been very tough issues
to address in this matter.
.
While the amount of drainage heading toward homes on Harding Acres has been reduced in the
proposed drainage plan from approximately 5.5 acres to 2.8 acres, the volume of water heading
south across Smithtown Road is expected to increase. In considering this volume, the rate of water
runoff becomes a critical issue. To maintain a predeveloped rate of flow, which is required by
national and local standards, more water must be detained on this site. Thus, the need for the dry
pond. Brown noted two cell ponds work well together in high rate storms and the plat does meet
the one, ten, and hundred year detention requirements for the site. Brown also explained that
drainage has been minimized to avoid as much flooding south of Smithtown Road as possible at
this time.
Commissioner Anderson questioned the calculations of the water runoff. Engineer Brown
explained water runoff rates to be predetermined at a national, state, and local level, even taking
into account the types of soil found in the area being developed. Also, he stated calculations are
checked by the applicant's registered engineers, the city engineer, an indepedent engineering
consultant, as well as the Minnehaha Creek Watershed District, for liability reasons.
Engineer Brown stated a drainage swale should be installed as part of the grading and erosion
control plan to connect the northerly pond to the southerly pond.
The centerline culvert mentioned in item #6 of Recommendations in Brown Memorandum, 2/15/00,
referencing Country Club Meadows-Preliminary Plat Review, is in poor shape and will need
replacement with a larger reinforced concrete pipe, minimum 15 inches in diameter. In addition,
there is an existing cross culvert along Smithtown Road that should be replaced as part of any
future sanitary sewer connection. As part of this discussion, it was recognized that item #8 should
be added to the Recommendations in Brown Memorandum, 2/15/00, referencing Country Club
Meadows-Preliminary Plat Review, stating the centerline culvert for Smithtown Road will be
replaced as part of this project.
.
Much discussion followed as to prematurity of this project related to drainage and culverts.
Engineer Brown noted that the applicant's engineers have addressed and gone beyond what was
required by the City at this time given the current situation and predetermined water runoff rates.
Furthermore, this proposed plan satisfies the Stormwater Management Plan report currently being
compiled.
PLANNING COMMISSION MINUTES
FEBRUARY 15, 2000 - PAGE 3
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Commissioner Callies questioned the reason for the reverse curve in the roadway. Engineer Brown
explained topography and the need for minimizing impact to trees and the wetland areas are all
causes for this to occur.
Scott Dahlke, of Mayer Rolleen, addressed concerns about drainage and grading. He proposed
being able to leave four 10ts(#'s4-7 on planning memorandum from Brad Nielsen, dated February
11, 2000-referencing File No. 405(99.28) as custom grade lots to leave screening to homes on the
north side.
Commissioner Anderson questioned City protocol regarding custom grading oflots. Engineer
Brown explained that the City needs to approve each lot's grading plan individually as a result of
custom grading. In this way, each new homeowner is able to design their own lot, however, this
can be troublesome because each homeowner must then compensate for what others have done to
their lots. If the City maintains the site be graded all at once, then the City maintains correct
drainage specifications on all lots.
Engineer Brown reminded the Commission that what is being reviewed includes the proposal as
stated in the currently published memorandums-not custom graded lots.
Chair Callies opened the public hearing at 7:50 P.M.
.
Pat Brown, 5635 Harding Lane, spoke about drainage in that area. She stated she is not opposed
to this development, but would like to see the amount of drainage onto her lot be reduced if
possible.
Engineer Brown clarified the plans currently being reviewed and noted that as stated in the plans,
current drainage paths will remain, but volume should be reduced. He also noted the City is
envisioning these homes be lookout vs. walkout style home designs which should also affect
drainage issues. Further, he noted there are existing drainage easements that can be utilized to
upgrade/repair drainage problems in that area in the future if need be.
Chair Callies closed the public hearing at 8:02 P.M.
Commissioner Turgeon expressed concern about a phone call received questioning past history of
contamination on this site. Engineer Brown explained that typically soil boring is not required
unless there is reasonable cause for suspicion. He noted the City does check during roadway
construction, but not to the extent of soil boring.
Scott Dahlke, in response to Commissioner Anderson's question, stated that as of this time a Phase
1 Environmental or a Transaction Screen had not been done on the property. He stated that should
they be required to conduct these screens in the future they would do so.
.
Anderson moved, Turgeon seconded, approving the preliminary plat with conditions as
outlined in planning memorandum from Brad Nielsen, dated February 11, 2000-referencing
File No. 405(99.28), and the second memorandum from Larry Brown, dated February 15,
2000-referencing Country Club Meadows-Preliminary Plat Review, with the addition of item
#8 which should be added to the Recommendations in Brown Memorandum, 2/15/00,
referencing Country Club Meadows-Preliminary Plat Review, stating "The centerline culvert
for Smithtown Road will be replaced as part of this project," as well as clarification of item
.
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PLANNING COMMISSION MINUTES
FEBRUARY 15,2000 - PAGE 4
#2 in this same memorandum, that standard lot grades be part of the grading and erosion
control plan listed in this item number. Motion passed 5/0.
Anderson moved, Turgeon seconded, reviewing final plat prior to review by the City Council.
Motion failed 3/2.
Director Nielsen noted this matter will be on the agenda for the Regular City Council Meeting on
February 28,2000.
2. PUBLIC HEARING-SIMPLE SUBDIVISION AND WETLAND SETBACK
VARIANCE
Applicant:
Location:
Dan Heiland
21175 Minnetonka Boulevard
Anderson moved, Skramstad seconded, tabling this item until the March 7, 2000, Planning
Commission Meeting. Motion passed 5/0.
3. YEAR 2000 WORK PROGRAM
Director Nielsen reported the bar chart design displaying the priority list over the course of the next
six to twelve months was not available at this time. It would be available at the next Planning
Commission meeting.
He also reported the City Council is requesting all commissions identify goals to be addressed over
the the coming year by the City Council. Council is encouraging the Commission to think beyond
the limits of the Planning Commission.
He also noted the City Council is expected to begin a long range planning process sometime in the
next year with citizen input as an integral starting point. A potential start date for this process has
not been determined at this time.
4. MATTERS FROM THE FLOOR
There were no matters from the floor at this time.
5. DRAFT NEXT MEETING AGENDA
Director Nielsen noted there are two conditional use permits on the next agenda.
6. REPORTS
Commissioner Bailey reported on matters considered and actions taken at the February 14,2000,
Regular City Council Meeting(as detailed in the minutes of that meeting.)
Commissioner Turgeon will be the Planning Liason for the February 28,2000, Regular City
Council Meeting. Commissioner Skramstad will be the Planning Liason for the Regular City
Council Meetings in March, 2000.
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PLANNING COMMISSION MINUTES
FEBRUARY 15, 2000 - PAGE 5
7. ADJOURNMENT
Anderson moved, Skramstad seconded, adjourning the meeting at 8:34 P.M. Motion passed
5/0.
RESPECTFULL Y SUBMITTED,
Sally Keefe,
Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, MARCH 7, 2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
CALL TO ORDER
Commissioner Bailey called the meeting to order at 7:00 P.M.
ROLL CALL
Present:
Commissioners Bailey, Turgeon, Woodruff, Rosenberger; Planning Director Nielsen;
City Engineer Larry Brown; Council Liaison Chris Lizee; Commissioner Anderson
arrived after Roll Call (7:03)
Also Present: Former Commissioner Skramstad
Absent:
Chair Callies; Commissioner Boehm
REVIEW AGENDA
Planning Director Nielsen requested an addition after item #6 to discuss appointments of a chair
and vice chair. He also announced that Tom Skramstad has resigned from the Planning
Commission in order to represent the City at the Lake Minnetonka Conservation District
meetings. Nielsen invited those present to a farewell gathering at the conclusion of this meeting.
Skramstad is in attendance to share his thoughts on the CUP requests, but cannot vote.
Turgeon moved, Woodruff seconded, approving the agenda as amended. Motion passed
4/0.
APPROVAL OF MINUTES
Turgeon moved, Woodruff seconded, approving the January 18, 2000 Planning
Commission Minutes as presented. Motion passed 3/0 with 1 abstaining.
Turgeon moved, Bailey seconded, approving the February 15, 2000 Planning Commission
Minutes as presented. Motion passed 2/0 with 2 abstaining.
PLANNING COMMISSION MINUTES
MARCH 7, 2000 - PAGE - 2
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1.
PUBLIC HEARING - CUP - CONSTRUCT MONOPOLE AND ANTENNA
Applicant:
Location:
U.S. West Wireless
19395 State Highway 7
Commissioner Bailey reviewed the procedures for a public hearing, reminding those present that
the Planning Commission is a recommending body only.
Planning Director Nielsen provided background for this request, which is detailed in his
memorandum, dated March 3,2000 and referenced as File No. 405(00.03). He then reviewed the
policy of the Telecommunications Act, which does not allow a City to prohibit installation of
communications equipment.
Nielsen went on to explain why a freestanding tower is proposed, rather than construction on an
existing facility. Code requirements were highlighted and reviewed.
Engineer Brown reported on his analysis of traffic flow and emergency vehicle access, stating that
the location of the pole appears to be reasonable with the site. He is asking that the applicant's
structural engineer show that repairs can be made to the nearby fire hydrant without having to
support the tower.
Nielsen mentioned other requirements for the structure which were included in Brown's report,
. dated March 2,2000. Ifall conditions are met, staff would recommend approval.
The City's telecommunications consultant, Garrett Lysiak provided his analysis of frequencies and
review of the water tower facility, explaining why location on the water tower would not meet the
needs of the applicant. He provided maps, showing the ranges covered by existing towers and
then a scenario with the proposed tower and the resulting changes to coverage. He explained that
the water tower is not a good site because of height restrictions
Commissioners asked for clarification on the various maps and why coverage is not adequate
from the water tower site. Lysiak explained how measurements are taken, considering terrain and
foliage. He noted that when a site is rejected, it's because it does not meet requirements. The
engineer representing U.S. West Wireless concurred.
Commissioner Anderson asked about factors that affect the strength of a signal. Lysiak explained
about the impact of interference between sites. He added that signal strength is not the only
concern, but the companies also consider the capacity of users. If the existing system were
working adequately, they would not be proposing this tower. The objective is to cover the
highway and other sites. This location achieved their objectives.
Commissioner Turgeon asked if Mr. Lysiak's analysis looked at other carriers. Lysiak said he is
only looking at coverage for the US West proposal. Coverage could be entirely different for
other carriers.
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PLANNING COMMISSION MINUTES
MARCH 7, 2000 - PAGE - 3
The Commissioners questioned Mr. Lysiak further about other options for a US West site and the
potential for other carriers to use the existing water tower facility. When there were no other
questions, the applicant was invited to speak.
Ms. Phyllis O'Connel, representative for US West, explained that she has done a lot of research in
this area and the proposed tower is her best conclusion. They have a lot of complaints from
customers about loss of service along the highway. Ms. O'Connel added that the proposed
monopole does meet the City's zoning requirements. She also stated that the water tower site has
too many carriers and US West needed to go up 100 feet to get the needed coverage.
Commissioner Anderson asked if they had approached neighboring Cities for a site. Ms.
O'Connel explained other avenues that were pursued and what the issues were that prevented
those options.
Commissioner Bailey opened the public hearing.
Sam Warrick, 5109 Vine Hill Road asked if a site at Minnetonka High School was considered.
Ms. O'Connel said the school district was approached, however construction at the High School
posed a problem. The mini storage location is the only option running right now.
Mr. Warrick said it seems rational that there would be another option and he recommended to the
Planning Commission that they look into that. He went on to say that many promises about new
projects have not been kept, and it is the neighbors who are getting hurt. For example, the
landscaping that was promised around the Pelican Car Sales has not been seen. He feels their area
has become the "backyard fence for Shorewood where the trash is thrown" and it is lowering the
property value. He does not want to see this tower over his back yard just because a phone call is
inconvenient for someone driving along the highway. He suggested an improvement of sidewalks
instead, and asked what the Commissioners would want if it were in their own back yards.
Sandy Moore, 5220 Vine Hill Road, said that her husband was involved with the process of the
mini storage development. She pointed out that there were height restrictions on their structures
and this 100-foot tower does not make sense. There were a lot of things promised, such as a
fence, and it turned out to be a split fence, which does not block the view of Highway 7 so car
lights shine into their back yard.
Commissioner Anderson asked if there were outstanding issues for the mini storage. Nielsen said
the fence is constructed as it was proposed. He will check on the Pelican Car Sales landscaping.
It was pointed out that the mini storage business followed residents' wishes in the roof color and
in eliminating the stripe design along their side of the building.
Dave Blume, 5240 Vine Hill Road, stated that the neighbors spend a lot of time in their back
yards and the monopole will be right in their faces. He pointed out that other carriers can also use
the pole and asked what the tower will look like in 3 or 4 years. Also, the construction at the
.
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PLANNING COMMISSION MINUTES
MARCH 7, 2000 - PAGE - 4
High School is nearly complete and should be reconsidered for a site. Blume said he is trying to
improve his house and feels that Shorewood does not give consideration to his neighborhood.
Allan Johnson, 5865 Strawberry Lane, expressed a general concern for all residents as to the
impact of such projects to neighborhoods and to property values. He said he would not buy a
house under the Medina structure, for example. He asked what can we do to allow the wireless
services and still control impact to City.
Lloyd Enger, 5230 Vine Hill, said he has attended public hearings 3 or 4 times and described the
past experiences in dealing with the Planning Commission. The overall result is that he feels
property values have gone down. He also stated that the mini storage fence is still an issue. He
was led to believe it would be a privacy fence and yet car lights shine through. He asked if
Minnesota Storage is benefiting while residents lose.
Mike Thies, 5235 Shady Lane, said residents were told the mini storage would be like the one to
the west. However, the light is directed down rather than up and it has ruined the view in his
back yard. He and neighbors feel the lighting is excessive. He asked if signs will be added for
advertising. Nielsen said no.
Tom Heimer, 5215 Shady Lane, stated that he lives near the mini storage and agrees with all of
the resident comments made.
Matt Larson, 5125 Vine Hill Road, said what was an attractive log home when he moved in, has
become an ugly sight and he does not want to add a 100-foot pole to the view. Enough is
enough.
Nielsen stated that the monopole has a potential of 3 carriers. Brown added that the goal of the
City is to minimize the number of towers, so it is required that they support other carriers, so to
prevent an outgrowth of towers. Nielsen added that the ordinance prohibits dish antennas.
When asked if this tower is proposed so that people won't be inconvenienced, Commissioner
Bailey replied that, under Federal law, companies have the right to build towers. The job of the
Planning Commission and City Council is to try to site for the least impact.
Mr. Thies asked about the health effects of energy flowing from the tower. Mr. Lysiak explained
the health standard for radiation, which is imposed by the Federal Communications Commission
(FCC). Before a provider can put something up, they must meet that standard. This one is well
within standard. Mr. Lysiak has measured exposure and finds there is no real danger to the
public. A standard is in place and all systems in Shorewood comply.
Bill Smith on Grant Lorenz Road said radiation is different for people who are there every day
(such as children at school). He gave the example of a friend of his, and said he is concerned
about health and stated for the record that the City is making a mistake.
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PLANNING COMMISSION MINUTES
MARCH 7, 2000 - PAGE - 5
When asked about property values, and if there has ever been compensation to owners, Lysiak
said he is aware of four studies which show that towers like this (and taller) do not impact
property value.
There were no more comments and the public hearing was closed.
There was further discussion about other carriers and antenna locations nearby. The engineer
representing U.S. West said that the proposed tower would reach at least a mile each way. The
goal is to extend coverage to the east, as well.
Commissioner Anderson asked the City's consultant about his analysis and if he explored other
options to go east. Mr. Lysiak replied that there are probably other spots, however, he can only
analyze a given proposal. He said we can suppose a lot of things, but there is a limit to how far
you want to over analyze a problem.
Other Commissioners expressed concern about the increasing need for towers and antenna sites in
the future. Lysiak speculated that technology would eventually allow for smaller, lower antennas
on existing power poles where people won't even know they are there. For now, providers try to
use existing locations wherever they can to fill the gaps and address capacity issues. If another
provider comes along, they will choose an existing pole.
There was further discussion about limitations on the number of carriers, requirements for an
equipment building when on public property, and adequate parking for service vehicles. This
proposal meets all requirements.
Nielsen explained that the City's ordinance responds to the Federal Telecommunications Act,
which says that a City cannot stand in the way of the communications industry because it is in the
national interest for this industry to survive. Shorewood's ordinance is as limiting as any, and is
modeled after what the majority of others are doing. Ours is more restrictive because we have no
industrial land so we have fewer locations than most. People are buying wireless phones, yet they
don't want antennas in their back yard. The City can't limit them. We have a request in front of
us that meets the existing requirements and that binds us. After more discussion,
Turgeon moved, Woodruff seconded to approve the CUP for telecommunications facilities
for US West Wireless according to staff recommendations.
Commissioner Anderson stated that he is opposed because he thinks there is already proper
coverage. It may not be optimal, but he does not see a need to add other sites to prevent one
second of drop time.
Mr. Skramstad recommended that the Minnetonka High School site be reconsidered. Ms.
O'Connel said the request was rejected by the High School. Nielsen asked if there are other
carriers at the High School and Ms. O'Connel said she does not believe so.
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PLANNING COMMISSION MINUTES
MARCH 7, 2000 - PAGE - 6
Commissioner Turgeon said the City does not have solid legal ground to deny the request.
Woodruff added that she thinks the City is forced to approve.
Commissioner Rosenberger stated that he hates cell phones, but as heard, one was used tonight
during this very meeting. He is not sympathetic with the telecommunications companies, however
the area is zoned to accommodate this type of use. He, therefore, has to vote in favor.
Commissioner Bailey said it is unfortunate there is a lot of bad blood between residents and the
mini storage business. He asked staff to revisit the site to see if they are complying. Nielsen said
he has not had complaints since the lighting was fixed, but will check on the lighting, and have it
corrected if in excess of the ordinance. Staff will also check on the car sales landscaping.
Bailey stated that as much as residents don't like it, the property is commercially zoned. The City
has an obligation to facilitate the telecommunications industry. He will vote in favor.
The motion passed 4/1 (Anderson opposed).
2. PUBLIC HEARING - CUP - CO-LOCATE ANTENNA ON MINNEWASHTA
WATER TOWER
Applicant:
Location:
AT&T Wireless
26350 Smithtown Road
Planning Director Nielsen explained the proposal, noting that the property, which is Zoned RI-A
is leased by the City and is therefore obligated to solicit comments from the school district.
The proposal has been reviewed by the City's consultant-to look at radio interference, etc.
Another possible location was at Eureka Road and Highway 7. The residential area is not
acceptable. The Freeman Park area was considered, but the Park Commission encouraged use of
an existing tower. There is no commercia11and on the west end of town.
Nielsen stated that because the existing carrier, APT, was not a good experience, a portable
generator will not be allowed in this request. Also, the applicant has been asked to house the
equipment away from the residential side. The telecommunications consultant has addressed
emission, which is to be tested periodically by the city. It does meet requirements.
Brown added that AT&T is also asked to coordinate fence design with staff and with APT to
construct a corral. Any generators will be allowed on site only in emergency situations. Other
requirements and the easement agreement were explained. The provider is responsible for
separate easements from the School District. Brown concluded that the proposal meets
Shorewood's ordinances contingent upon these conditions.
Lysiak stated that he performed a radiation study and it is well within the standard. Also,
frequencies would not interfere.
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PLANNING COMMISSION MINUTES
MARCH 7, 2000 - PAGE-7
Commissioner Anderson asked if there was an analysis of coverage and if AT&T has other sites in
the City. Since the tower can only accommodate three providers, he wouldn't want to see a
duplication of what is on the tower currently. Lysiak said another provider could show up,
however that is out of the City's control.
Commissioner Turgeon stated that the ordinance is not set up to allow us to discriminate what
type of service goes on a site. Anderson said if there is any way to maximize a site, the City
should do so.
The applicant was invited to speak about the request.
AT&T representative, Julie Townsend offered to answer questions, stating that she and Attorney
Peter Beck (also present) are working on the acquisition of the site and on meeting the City's
requirements. She cannot address technical questions.
Commissioner Woodruff asked why they propose to go down 30 feet when antennas can be
placed every 10 feet. Ms. Townsend said it is the best location for frequencies. There was further
discussion about the potential placement of other antennas on the water tower.
The public hearing was opened.
Allen Johnson, 5865 Strawberry Lane, reported that AT&T analogue coverage works fine where
he lives. It is the smaller, weaker phones that need more coverage. His concern is the
proliferation of antennas. Will it look like the Medina tower? Does it impact property values?
Johnson asked the City to consider some way to compensate residents for lost value or to possibly
re-assess the taxable value. He said there is no way of controlling the extent it could go.
Bill Smith, Grant Lorenz Road, stated that he is a former science teacher and long term resident
of Shorewood. He has seen lots of changes over 40 years and one concern is that he can no
longer view the night sky from his back yard as he once could. Referencing the history of the
City's sewer line decision, Mr. Smith urged that the City look down the road and be creative in
planning to protect itselfthrough zoning. Things haven't gotten better. He wished them luck.
Mr. Smith is also concerned that there are no changes in protection of the environment. When a
health issue is raised, studies are used to refute it. We don't know long term effects on health and
the environment.
Will Rudolph, Noble Road said he has a clear view of the water tower from his dining room and
opposes another antenna. He asked about the law that requires the City to allow antennas.
Bailey explained that the City can't declare itself a no-communication tower zone. Attorney Peter
Beck added that the Federal Telecommunications Act preserves local authority and sets
constraints.
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PLANNING COMMISSION MINUTES
MARCH 7, 2000 - PAGE - 8
Mr. Rudolph asked if the City benefits. Mr. Nielsen said yes, in this case, there is benefit to the
City. The earlier request is on private land and does not benefit the City.
Mr. Rudolph asked what is the need according to AT&T. Is it coverage? Ms. Townsend said
they are lacking in capacity and coverage in that area. The east water tower is overloaded.
When asked if there are any health issues with housing structures, Mr. Lysiak said he has
measured much more severe cases of radiation. If installed properly, there is no radiation hazard.
Compared to measured radiation from microwave ovens, lights, etc., this would be far less.
The public hearing was closed.
Commissioner Anderson asked about the size of the housing. Nielsen said the applicant chose to
build a larger building to accommodate a possible future carrier. Anderson said he does not want
to see a cluster of buildings. Attorney Beck added that would depend upon a future carrier.
Commissioner Rosenberger stated that as far as the Federal law, it is important to remember that
zoning issues must also be addressed. Beck explained that the basic philosophy behind the
Telecommunications Act is that wireless facilities should be as accessible as wire lines were. The
industry is going to be competitive and everyone has to be on a level playing field. Providers have
to meet their license obligation to provide service.
Beck added that the Government's goal of keeping antenna sites at a minimum agrees with the
desire of providers. Nobody wants to have more sites. They are not just throwing up sites and
poles indiscriminately. Lysiak added that the law was needed because wireless companies were
being excluded by zoning that was prohibitive.
Nielsen pointed out that people have been given a list of State Senators and Representatives so
they can go to the source. The City is merely dealing with what has been handed down from
higher authority.
Commissioner Turgeon asked the applicant's representatives if they have any problems with the
conditions proposed by staff Attorney Beck said there were none. There was some discussion
about the terms of the lease.
Turgeon moved, Woodruff seconded to approve the CUP for AT&T Services, subject to
recommendations of staff, plus the recommendation that the roofs match the APP building.
Motion passed 4/1 (Anderson opposed).
There was a 5-minute recess.
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PLANNING COMMISSION MINUTES
MARCH 7, 2000 - PAGE - 9
3.
PUBLIC HEARING - SIMPLE SUBDIVISION AND WETLAND SETBACK
VARIANCE (continued from 15 February 2000)
Applicant:
Location:
Dan Heiland
21175 Minnetonka Boulevard
Rosenberger moved, Woodruff seconded to continue this item to the March 21, 2000
Planning Commission meeting. Motion passed 5/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor.
5. DRAFT NEXT MEETING AGENDA
Commissioner Rosenberger stated that he is concerned that a Right of Way ordinance should be
discussed by the Planning Commission soon and asked what can be done to facilitate it. Brown
explained what has been done in the courts and with the utility companies. He agreed that the
City should look into an ordinance soon. A draft will be provided for an upcoming meeting.
Nielsen added that the next agenda will include the Heiland subdivision and variance request, plus
the work program and a discussion of the tree preservation plan.
Nielsen stated that he had sent out a memorandum about strategic planning. The Council will
hold a special meeting on Monday, March 13 at 5:30 P.M. regarding a strategic planning effort
and the Commissioners are invited to attend.
6. REPORTS
. Commissioner Turgeon reported on the City Council meeting of February 28, where the
Council moved to direct staff to prepare a resolution approving a preliminary plat for Country
Club Meadows. Council discussion about water service for the development seemed to indicate
that there could be eight new wells. Turgeon said that she did not realize that was an option.
Nielsen said the option is there, explaining that the Council will be looking at a partial amendment
to the current policy that addresses water in new developments. Two changes are likely in the
policy and will hopefully be in effect before this development commences.
Brown added that the City had not been aware of the proposal of wells until a few days before the
Council meeting. He explained the developer's plan.
. Commissioner Woodruff reported that the Land Conservation & Environment Committee is
progressing quickly in getting people involved and in their mission of community education. They
are planning to do a community survey and to host an open house.
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PLANNING COMMISSION MINUTES
MARCH 7, 2000 - PAGE -10
. Commissioner Woodruff will act as Council Liaison for the month of March. Commissioner
Anderson will be Liaison for April.
7. APPOINT CHAIR AND VICE CHAIR
Commissioner Turgeon explained that she spoke with Chair Callies about the procedure for
appointing chair and vice chair and it was agreed to leave a decision to the Commissioners.
Turgeon nominated Jeff Bailey to act as chair through the year 2000. Bailey accepted the
nomination. None of the other Commissioners indicated interest in being nominated.
Woodruff seconded the nomination and the vote passed 5/0.
Woodruff nominated Laura Turgeon to act as vice-chair through the year 2000. Turgeon
accepted the nomination. None of the other Commissioners indicated interest in being
nominated. Anderson seconded the nomination and the vote passed 5/0.
There was additional conversation about the residents' comments regarding the mini storage
business.
8. ADJOURNMENT
Rosenberger moved, Woodruff seconded to adjourn the meeting. Motion passed 5/0.
The meeting adjourned at 10:43 P.M.
Respectfully Submitted,
Connie Bastyr
Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, MARCH 212000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
CALL TO ORDER
Commissioner Turgeon called the meeting to order at 7:02 P.M.
ROLL CALL
Present:
Commissioners Turgeon, Woodruff, Callies, Anderson, Rosenberger and Boehm;
Planning Director Nielsen; Council Liaison Lizee
Also Present: Consulting Engineer Don Sterna
Absent:
Chair Bailey
APPROVAL OF MINUTES
Corrections to the minutes of the March 7, 2000 Planning Commission meeting were made as
follows:
. Add Council Liaison Lizee to the list of those present.
. Remove the word, "Applause" from last line of paragraph 7 on page 3.
. Change all references to Pelican Car Wash to Pelican Car Sales (pg 3, paragraphs 7 & 9; page
6, paragraph 3.
. Page 4, paragraph 3, sentence 2-add "he feels" before the word "property."
. Page 4, paragraph 8, line 3-add "to site them" after the word "try."
. Page 8, paragraph 1, line 2-remove the word ~'it."
Anderson moved, Woodruff seconded to approve the minutes as amended. Motion passed
4/0 with Callies and Boehm abstaining.
1. PUBLIC HEARING - SIMPLE SUBDIVISION AND WETLAND SETBACK
VARIANCE (continued from March 7. 2000)
Applicant:
Location:
Dan Heiland
21175 Minnetonka Blvd.
Procedures for the public hearing were reviewed and the Public Hearing opened at 7:07 p.m.
Planning Director Nielsen presented an analysis and background of the request. The applicant's
engineer did drainage calculations, which were then reviewed by the City's engineering
consultant, WSB & Associates.
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PLANNING COMMISSION MINUTES
MARCH 21,2000 - PAGE 2
Don Sterna of WSB distributed a copy of his report, explained some technical points and
reviewed the map area around the property. He pointed out the land-locked depression on the
subject site, where a drainage problem already exists. Sterna's recommendation is that an outlet
be installed to direct drainage away from the land-locked area, since the proposed project would
otherwise aggravate the problem.
Property owner, Dan Heiland was invited to comment. He said he has tried to work out a plan
between himself and staff to achieve adequate drainage.
Planning Director Nielsen explained that WSB recommended that the applicant petition the City
to do the work himself He would need to get consents from neighbors and then could choose do
the work himself or contract to have it done. Nielsen explained that the cost is greater if the City
does the work in order to get bonding and it is likely that the applicant can bid the job cheaper
himself Overall, that is the preferable alternative.
Nielsen added that the neighbor immediately to the north of the site should be aware that this is a
solution to an existing drainage problem, besides allowing the applicant to subdivide the lot.
Nielsen said that the recommendation from staff is to approve the simple subdivision, subject to
drainage work being completed.
Mr. Heiland stated that he prefers to do the work himself and is proposing to have permission
from his neighbor to the north. He hopes to have something in the next two week's time. Mr.
Heiland's sister asked when a letter of credit would be due. She pointed out that there are other
benefiting properties, however, they may not have willing neighbors.
The Public Hearing was opened at 7:17 p.m.
There were no comments from the floor and the Public Hearing was closed at 7:17 p.m.
Commissioner Callies asked if the option to petition the City is covered in an ordinance. Nielsen
explained how the ordinance applies. He added that the proposed work is in the public right of
way and the City will make sure the work is done appropriately.
Callies asked which neighbors would need to give consent. Nielsen said two neighbors to the
north; the same neighbors who would benefit by the change.
Commissioner Anderson asked where the runoff drains and if it would require approval from the
Watershed District. Nielsen said it would ultimately flow to Lake William. The Watershed rules
would say to fill the depression anyway.
Commissioner Rosenberger asked if the existing culvert that crosses under the road is going to
handle the additional drainage. Nielsen said it should handle anything that comes down that ditch.
Rosenberger said it was put in just last year and seems too small.
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PLANNING COMMISSION MINUTES
MARCH 21,2000 - PAGE 3
Mr. Sterna said he will check on that. If it is at least 15 inches in diameter, it should be adequate.
He suggested they make it a condition that the applicant's engineer verifies that the pipe will
handle the resulting drainage.
Rosenberger asked about the liability issue, saying he would rather have the City plan it the
project. Nielsen said the applicant's engineer would be responsible because they would do the
design.
Commissioner Anderson asked if there is any linkage with the little holding pond on the other side
of Minnetonka Boulevard. Nielsen said a connection goes over there, too. The pond was part of
a subdivision in Greenwood. Anderson asked if this would cause more drainage into that pond as
well.
Mr. Sterna said they would have to consider that in the design. He is recommending they provide
an outlet. The applicant's engineer will need to look at it and propose what to do about an outlet.
Nielsen added that they have to prepare plans and specs subject to approval of Shorewood's
engmeer.
There was discussion about maintenance of the culverts and the agreement between Greenwood
and Shorewood for the cost and work involved.
Commissioner Turgeon asked who would be assessed if the City incurs the cost of doing the work
in the case where Mr. Heiland does not have the cooperation from his neighbors. Nielsen said
that whoever benefits by the improvement could be assessed.
Anderson moved, Rosenberger seconded to approve staff's recommendation with the
addition of work being subject to the engineer's (WSB) recommendations. Motion passed
unanimously.
Nielsen said the recommdation will go to the City Council at their April 27 meeting.
2. NOMINATE LIAISONS TO LAND CONSERVATION & ENVIRONMENT
COMMITTEE AND PARK COMMISSION
The current representative to the Land Conservation & Environment Committee is Commissioner
Woodruff. Woodruff stated that she wishes to continue in that role.
Callies moved, Rosenberger seconded to nominate Donna Woodruff as Land Conservation
& Environment Committee Liaison for this year. Motion passed unanimously.
Commissioner Turgeon explained that she talked about with Chair Bailey about the need for a
Park Commission Liaison. They felt it could be on a part-time, as-needed basis. If the Planning
Commission receives a Park Commission agenda before each Park Commission meeting, they can
decide and appoint a liaison at that time.
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PLANNING COMMISSION MINUTES
MARCH 21,2000 - PAGE 4
Callies said she is willing to attend Park Commission meetings. It was agreed that a liaison should
go only if there are issues related to planning. The Park Commission Chair can call Chair Bailey if
a representative from Planning is needed for a particular meeting. Callies will be the first call.
Council member Lizee added that the Park Commission has some projects coming up which they
would like some input on if there are questions about a CUP or variance.
Study Session began at 7:42 p.m.
3. DISCUSSION ON WORK PROGRAM 2000
Planning Director Nielsen gave background on some projects listed in the Work Program. He
explained that the County Road 19 intersection is not included because it's in the City Council's
hands right now. . There was some discussion about the calendar and timing of projects.
Nielsen said they will need to address the issue of accessory structure zoning over 1200 square
feet because some related matters will be coming up soon. He explained some other topics to be
discussed at the May study session.
The Commissioners asked Nielsen to gather information on what has been done in past cases and
to provide examples of ordinances of other Cities. Nielsen said Shorewood's ordinance is the
best in problem solving and intent, and from his perspective, it is an ordinance that works.
4.
DISCUSSION ON TREE PRESERVATION POLICY
Nielsen named the three areas where there have been problems in terms of administering the Tree
Preservation Policy. These need to be considered and revised:
1. Replacement Tree Size - The current policy says a tree is measured at breast height, a
standard used by foresters. Nurseries use a measurement of a caliper (the diameter at 12 inches
off the ground). The recommendation is to require a replacement tree to be a 3-inch diameter at
caliper height. Language is proposed in Section IYB.10.b.
2. Arborists - This change would allow arborists to prepare tree preservation plans. Nielsen
explained that some excellent landscape architects do not know as much about preserving trees;
where Foresters know about preservation, but don't know as much about landscape plans.
Arborists have a handle on both, and staff is recommending they be included as qualified to certify
a Tree Preservation Plan.
Callies asked if Arborists have credentials. Nielsen said they may have certification. He will
check on wording and will add it if he finds something.
3. Tree Replacement Fund - The idea here is to create a tree replacement fund or tree
donation program. If a site already has enough trees, the developer can then contribute to a tree
fund (or donate trees if the season is right) to be used at another location within the City.
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PLANNING COMMISSION MINUTES
MARCH 21,2000 - PAGE 5
Nielsen explained that some sites have so much wood and not a lot of space for replacement trees.
On a development, they will sometimes allow the contractor to put replacement trees on another
site within the development. In the example of Watten Ponds, sometimes there is no room for
more trees.
Commissioner Anderson asked if there is a schedule of what trees would be worth so they would
know what to charge for a donation. Nielsen said the current value for a tree to be planted is
$300.
There was discussion of an idea to contribute to the Land Conservation Committee to allow for
alternatives to just planting trees. For example, money could be used toward the purchase of
green space. Nielsen did not recommend using the money for such a large, uncertain purpose, but
rather to be very specific in purpose.
Another idea considered was to create a citizen fund to help residents with the replacement of
trees lost in storms. Nielsen said there would be definite drawbacks to putting funds toward
private land. One option could be to plant a tree on City-owned right-of-way, which is public
land. Commissioner Boehm pointed out that a tree replacement fund should not be used to
replace trees that the City would have had to replace anyway. Nielsen agreed, adding that
engineers generally want to keep trees from right-of-way areas.
Boehm asked, of the two options, does the City prefer one over the other? Nielsen said it will
come down to timing around the weather. This suggests if we have specific areas where we want
trees, the replacement trees would be used.
Turgeon suggested they develop a list of places where trees are needed and the City Council
would decide how to prioritize as funds become available. Anderson asked about programs such
as the "Tree City USA" designation. There was further discussion about similar programs.
Commissioner Anderson asked about requiring a logging permit for cutting down more than one
tree. Nielsen said he has seen such ordinances, but find that it is during development and building
that most of the trees have been lost. Generally when somebody owns a lot they value the trees
more than anyone else does. Plus, that gets into the issue of property rights.
Callies added that there is a difference in what the City can require in an application to build as
opposed to when property is already established. Nielsen added that enforcement would be very
difficult. There was discussion on whether this policy would apply to any building permit.
Nielsen said it would be only in cases of new construction, not for an addition to an existing
structure. He said it's mostly only a problem in new developments.
Rosenberger moved, Anderson seconded to approve revisions to the Shorewood Tree
Preservation and Replacement Policy as recommended by staff. (See memo dated March 16,
2000). Motion passed 6/0.
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PLANNING COMMISSION MINUTES
MARCH 21, 2000-PAGE6
There was additional discussion about options for the fund to go to an environmental cause.
Callies said she would not be in favor because it would be supporting land with tree money.
Anderson agreed that funds need to be directed in a way to preserve an existing tree or planting a
new tree. Boehm added that it runs the risk of blending the money into some other project.
5. MATTERS FROM THE FLOOR
There were none.
6. DRAFT NEXT MEETING AGENDA
Commissioner Turgeon stated that the CUP request for accessory space (6125 Apple Road) and
the CUP and variance request for dugout shelters for Field #2 at Freeman will be on the next
agenda. She asked when to accept a CUP request for a skate park. Nielsen said that will likely be
in May.
Nielsen suggested that they could start talking about the accessory space issue. He will come
back with information on the tree policy and the idea of using other funds.
7. REPORTS
Commissioner Woodruff reported that the Land Conservation & Environment Committee has
planned an open house for April 29 at City Hall. She described displays of various projects and
other features planned for the open house. Woodruff said if people have concerns to take back to
committee, she would be happy to convey them.
Commissioner Anderson reported on the strategic planning meeting. A Hennepin County
Commissioner and the city manager of St. Louis Park explained their visioning process. They
came up with 320 specific recommendations and have spent 4 to 5 years implementing them.
They have a different situation, but it was good to hear how another city has done that.
Commissioner Turgeon asked about the idea of a South Lake visioning project. Nielsen said that
may come next after Shorewood gets its plan together. Anderson said that other cities would
have a different agenda.
Nielsen reported that he talked to the people at Minnesota Mini storage and they claim the lights
are on a timer and go off at 11: 15 p.m. He also noted that the fence meets building requirements.
Turgeon stated that Chair Bailey wants us to discuss meeting structure at the next meeting.
Meetings have become a little loose and unfocused. He would like to go back to how a public
hearing is laid out and keep more structure. Turgeon asked for comments and discussion.
Callies said that one of things that might help is that we tend to be unruly and perhaps need to go
to the formality where the chair recognizes each speaker. Then people out on the floor would
realize they can not jump in any time they feel like it. The Commission sets the tone. (This would
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PLANNING COMMISSION MINUTES
MARCH 21,2000 - PAGE 7
not apply to work sessions.) Turgeon agreed on the public hearing format. There was further
discussion on ways to curb dialogue after a public hearing is closed.
Anderson agreed that he would rather be recognized by the Chair before speaking. Turgeon
added that they have tried a rotation format. Callies did not favor that approach, saying it
shouldn't be a point if someone does or does not have something to say.
Rosenberger commented that he does not want the right- of-way ordinance to get lost from the
work plan. Nielsen said they will get to things not given high priority. Rosenberger said there is
some sense of urgency because of cable installation.
8. ADJOURNMENT
Anderson moved and WoodrutTseconded to adjourn the meeting. Motion passed 6/0.
The meeting adjourned at 8:50 p.m.
Respectfully Submitted,
Connie Bastyr
Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, APRIL 4, 2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:06 P.M.
ROLLCALL
Present:
Commissioners Callies, Anderson, Woodruff and Boehm; Planning Director
Nielsen; Council Liaison Lizee
Absent:
Commissioners Turgeon and Rosenberger
APPROVAL OF MINUTES
Anderson moved and Callies seconded to approve the Minutes as presented. Motion
passed 5/0.
1. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SO FT
.
Applicant: Basim Sabris
Location:
6125 Apple Road
Chair Bailey reviewed procedures for the public hearing and opened the hearing at 7:08.P.M.
Planning Director Nielsen described the request, explaining that plans have been revised by the
applicant from those shown in the original drawings provided to the Planning Commission.
The project involves significant remodeling and an addition to the primary structure. Nielsen
explained that, in adding the attached garage, the total accessory space goes over 1200 square
feet and requires a Conditional Use Permit, according to City code.
Nielsen described the existing property and structures. Besides the house, there are two
accessory buildings on the property. A small garage is 280 square feet and there is a 2-level
barn that totals 990 square feet. The newly proposed 3-car garage plan is for 1010 square feet
(310 more than shown on the original request). The total accessory space would be 2,280 square
feet.
Nielsen noted that surrounding homes are quite some distance from the present structures and
well buffered by existing vegetation. He also explained the 4 criteria for this type of C.U.P.
request, all of which are met in the applicant's proposal. In fact, the revised plan esthetically
works better than the original proposal. Based upon compliance with the Code, Staff
. recommends approval of the C.U.P.
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PLANNING COMMISSION MINUTES
APRIL 4, 2000 - PAGE 2
Nielsen added that concerns have been raised about the condition of the existing barn (which is
nonconforming), as it needs painting and repairs made to the soffit fascia. Also, the site is
messy with debris and other waste beyond that of normal construction activity. Nielsen
recommended that the applicant be asked to:
· Fix the soffit fascia on the barn and paint the barn siding.
. Clean up the site and control construction debris thereafter.
. Turn over to the Fire Marshall, an oil spill (estimated at 30 gallons) on the site for
clean up procedure.
Mr. Basim Sabris, the applicant was given the opportunity to speak. He stated that he has no
problems with the additional conditions. He also explained about the oil spill from an old fuel
tank near the house. He believes it is less than 30 gallons, and has no problem with turning it
over to the appropriate authorities. He explained the reasons for the last minute change in
design, adding that he thinks this plan works better with the main structure better than the first
plan did.
The public was invited to comment.
Mr. Joe Garrity, 6057 Apple Road (north of this property) stated that he has no problem with the
building plan or the garage. He added that he really likes the little garage at drive in area, and
that it would be a shame to tear it down. He knew nothing of the condition of the other barn.
Mr. Sabris added that the small garage is useless, but historic and charming. He said he bought
the property because of its privacy and beauty, but also because he liked the old structures and
would like to keep them. He intends to re-side the barn with new material to match the house.
There were no other public comments and the Public Hearing was closed at 7:20 P.M.
Commissioner Callies asked about the fuel storage. The applicant said there are no gas lines into
the house and the tank is obsolete. It was an aboveground tank.
Commissioner Anderson said he has visited the property and agrees on the issue of site
cleanliness and that the barn needs work. He asked the applicant how he plans to use the barn.
Mr. Sabris said he hopes to have some chickens, ducks, and possibly rabbits. The property was
an old farm and he would like to keep it in tact. He has owned the property for only 9 months
and said it had not been well kept.
Anderson asked about neighboring properties and the unusual shape of the lot. Nielsen said the
property is pretty well buffered and the wetland keeps it separate from surrounding homes.
There are no easement issues.
Commissioner Woodruff echoed Anderson's comments, adding that the property will be
beautiful if cleaned up. The applicant stated his plans for landscaping and gardens to
significantly upgrade the property.
PLANNING COMMISSION MINUTES
APRIL 4, 2000 - PAGE 3
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Commissioner Bailey asked if there is a time limit for the clean up and repair work-and who
determines that there has been compliance. Nielsen offered some suggestions on how to
approach the job. He suggested that a letter of credit be required on the barn repair issue. He
asked the applicant if the end of July would be sufficient time to complete the project. Mr.
Sabris said that is absolutely enough time. He added that the barn will be resided to match the
house, rather than painted.
Bailey said he had concerns with the fuel spill as well. Mr. Sabris agreed and said he will take
care of the fuel problem by the end of this week.
Councilmember Lizee asked if the driveway will be reconfigured or left as a drive-around loop.
The applicant said the driveway will change and described the new design.
Lizee asked if Mr. Sabris had received a copy of the City's tree protection policy. He said it is
difficult to avoid working around the base of some of the trees, but the trees seem to be in good
shape and he hopes they will stay okay. Lizee reiterated that she is concerned about materials
stacked around the bases of trees on the site.
Commissioner Anderson asked about the timing of the C.D.P. request, commenting that it is
after work has already been started. Nielsen said the house construction is separate from the
garage issue. The applicant added that he was not even allowed to tie in a foundation for the
garage portion while doing foundation work for the house.
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Anderson moved to adopt Staff's recommendation to approve the C.U.P. subject to
recommendations, which were added of 1,2 & 3. A friendly amendment was made to add
dates for the end of July for a letter of credit and that the fuel clean-up be done prior to
the City Council meeting.
There was discussion about the rest of the clean-up work being tied into the letter of credit. It
was suggested that in order to release the letter of credit, the barn must be finished and the site
cleaned up. The applicant said he has no problem with the timing for the end of July. The
motion was revised to say:
Anderson moved to accept staff recommendations and approve the Conditional Use
Permit, providing that conditions A, B, C & D are made with following added conditions
as proposed by staff; (1) that the oil spill site be cleaned up prior to the April 24 City
Council meeting, (2) that we have a letter of credit with the City for the barn conditions as
addressed by staff, and (3) that we have the site cleaned up at the discretion of staff for the
completion of the project. Woodruff seconded. Motion passed 5/0.
2. PUBLIC HEARING - CONDITIONAL USE PERMIT AND VARIANCE
Applicant: South Tonka Baseball
Location: Freeman Park (Babe Ruth Field)
. This item was cancelled prior to the meeting.
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PLANNING COMMISSION MINUTES
APRIL 4, 2000 - PAGE 4
STUDY SESSION BEGAN AT 7:40 P.M.
3. DISCUSSION ON ACCESSORY SPACE
Planning Director Nielsen provided a listing of Conditional Use Permits that were issued in
Shorewood over the past 5 years for accessory space. He explained the background of the City's
Ordinance and some of the questions that have been raised about procedure as they related to
C.U.P.'s for accessory space. The purpose of the code is to maintain some sort of proportion to
the principal dwelling and lot size. Nielsen said he believes the ordinance has worked very well.
Visual examples were shown of what the ordinance is designed to achieve and what it aims to
avoid. Nielsen said the question is, how far to take the non-conforming issue. For example, in
the case addressed earlier, a more strict code may have required taking the barn down to one
floor. Yet, it is structurally sound and only in need of cosmetic improvements.
Commissioner Anderson asked about the goal of the ordinance. Nielsen said it is ultimately to
get properties into compliance. The current ordinance has minimum requirements, yet if we take
it to the next step and clean up nonconformities, it may not be flexible enough. Nielsen
suggested addressing structures that are structurally unsound. Anderson agreed.
There was discussion on possible ways to address non-conforming structures with various permit
applications. Examples of past situations were also considered. There was a question of how to
address dilapidated structures. Nielsen suggested a provision in the ordinance, which sets
specific requirements and then allows for reasonable conditions. Bailey agreed, but added that
he is not sure how to make it conditional.
Nielsen pointed out that home occupation is also an issue that the ordinance attempts to address.
In the case of a Conditional Use Permit, there is a recorded notice against the property for future
record if the property changes hands.
There was further discussion on how to create an ordinance to cover maintenance requirements
within the application process for a C.U.P.
Anderson moved to direct staff to craft some language in regards to maintenance of
accessory buildings-to add an "E" to our existing ordinance. Callies seconded.
The Commissioners discussed some ideas for including the issue of a structure's soundness or
reparability. Planning Director Nielsen asked if they want to use a percentage of the existing
structure's square footage as a determining factor. Another variable that was brought up is
lakeshore property vs. non-Iakeshore. Mter further conversation,
The motion passed 5/0.
Commissioner Anderson asked about an example of an island property, and the distinction
between a tear down and a remodeling project. He asked why not use the rule that 50% of a
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PLANNING COMMISSION MINUTES
APRIL 4, 2000 - PAGE 5
remodel is considered a new structure, which would require conformity of other structures.
Nielsen clarified how the ordinance applies in such cases and suggested that a building's total
area, rather than value is used to address nonconformities.
Anderson brought up the "1O-by-lO Rule" and asked Nielsen to look at the issue in conjunction
with lO-by-1O permitting of accessory structures. Nielsen said if allowing an exception in
setbacks, the accessory building ought to stay pretty small.
Woodruff moved to consider if someone has improvements of some percentage of the
house-50%, that we consider accessory space that is nonconforming.
There was further discussion to clarify the intent of this suggestion. It would require all
accessory buildings to be brought into conformity if the current home is increased by 50% or
more in square footage. In other words, the project would be treated as if it were new
construction.
Chair Bailey suggested that the Commission seek other input if they wish to make such a
change. He asked that a draft be prepared and that there be further discussion with the full
commission. There was consensus to table discussion until the May meeting.
The motion died for lack of second.
4. MA TTERS FROM THE FLOOR
There were none.
5. DRAFT NEXT MEETING AGENDA
The April 18, 2000 meeting will be a Joint Study Session conducted by City Council and
attended by members of the Land Conservation & Environment Committee, to discuss the City's
Storm water Management Plan.
Commissioner Anderson will be the Planning Representative at the April 10 Council meeting.
6. REPORTS
Commissioner Woodruff reported on the March 27 Council meeting, stating that the monopole
issue is to be continued. Other agenda items were mentioned, including the discussion of a
possible skate park, which may be a C.U.P request on the May meeting agenda.
Commissioner Callies attended the March 28 Park Commission meeting. She reported that an
open house was held to present plans for the Vine Hill/ Covington trail segment. Other agenda
items were; a discussion about a park building at Freeman and user fees for parks.
Chair Bailey asked if Freeman Park is the next logical site for location of a cell tower at the west
end of the City. Nielsen said it may some day be the spot, and since it is public property, the
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PLANNING COMMISSION MINUTES
APRIL 4, 2000 - PAGE 6
Ordinance would allow it. Bailey suggested it might make sense to have preliminary discussion
about that possibility. He would like to discuss the esthetic aspect with the Park Commission.
Anderson supported the idea to discuss potential sites for future tower proposals within the City
in order to be prepared before requests are made.
7. ADJOURNMENT
Anderson moved, Boehm seconded to adjourn the meeting. Motion passed 5/0.
The meeting adjourned at 8:59 P.M.
Respectfully Submitted,
Connie Bastyr
Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, MAY 2, 2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:02 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Callies, Anderson, Boehm, Bailey, Woodruff and
Turgeon; Planning Director Nielsen
Later Arrivals: Commissioner Rosenberger (7:04) and Council Liaison Lizee (7:09)
APPROVAL OF MINUTES
Anderson moved, Callies seconded to approve the Minutes of April 4, 2000 with the
following correction:
Page 1, Item 1, Paragraph 2: Change 1250 square feet to 1200 square feet.
Motion passed 5/0/2 with Turgeon and Rosenberger abstaining.
1. SIMPLE SUBDIVISION / COMBINATION (Lot Line Rearrangement)
Applicant: Tom Wartman
Location: 28110/28120 Boulder Bridge Drive
Planning Director Nielsen gave background information, stating that this is a very simple lot line
change, which will be straightening a curved boundary. Mr. Carl Westin owns 28110 Boulder
Bridge Drive, with an existing home. The Wartman property (28120) is a vacant lot under
20,000 square feet in area.
The application proposes to cut off a back portion (approximately 2200 square feet in area) of
the Westin property to combine with Mr. Tom Wartman's property. The resulting size of Mr.
Westin's property will be 41,831 square feet, which still exceeds the minimum requirement of
40,000 square feet for R-1A zoning. The Wartman property is substandard for its R-1A1S
zoning, but will be made closer to conformity with lot size requirements after the proposed
change.
Staff recommends approval. If approved by the Planning Commission, the request will go to the
City Council on May 8, 2000.
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PLANNING COMMISSION MINUTES
MAY 2,2000 - PAGE 2
Commissioner Anderson asked the applicant for a reason for this change. Mr. Wartman
explained that the summer storms of 1998 destroyed most of the Westin's mature trees in their
yard and a split rail fence which followed along the property's boundary. The fence has been
rebuilt along the proposed, straight lot line. In doing landscaping along the new fence, both
neighbors have agreed to reconfigure the two lots accordingly.
Anderson asked Nielsen about the condition of the Woodside Road cul-de-sac, which ends in
dirt, rather than pavement. Nielsen explained that because there are no homes at the end of the
street, there have been no requests for improvement. Nor are there any future plans to do so
within the current Capital Improvement Program. Mr. Wartman stated that he has spoken with
City Engineer Brown on behalf of the Boulder Bridge Homeowners Association. They would
like to have the street's end cleaned up instead of being left as dirt and weeds.
Anderson moved to approve the subdivision per staff recommendations. Callies seconded
and the motion passed unanimously.
2. 7:15 P.M. PUBLIC HEARING - TO CONSIDER CONSTRUCTION OF A SKATE
PARK
Applicant: Shorewood Park Commission
Location: 5355 State Highway 7
Planning Director Nielsen explained that the Park Commission has worked on a skate park
proposal for a year or two and they have selected a potential site. A public hearing was
recommended for a Conditional Use Permit to build equipment on the site. However, the
Commission recently questioned why it would require a C.U.P. and, according to the City's
attorney, this project is no different than installation of playground equipment in a City Park.
Because parks are already permitted in a residential district, a public hearing is not needed.
The Park Commission still wants to get public input and scheduled an on-site neighborhood
meeting with the same group of neighbors who would be notified for a C.U.P. public hearing.
They will also hold a follow-up meeting I open house on Monday, May 8 along with other
community members to go over what is being proposed. The public hearing on this agenda is
canceled.
There were about twenty minutes before the scheduled Public Hearing and the Commission
agreed to discuss the Stormwater Management Report until 7:30 P.M.
Commissioner Anderson asked about a plan to address flowage from new developments which
are too small to qualify for NURP pond requirements. Citing the example of Country Club
Meadows, Anderson suggested the idea of looking at each new area as a part of a region.
Perhaps it could be treated like the tree preservation idea and take some money instead for
regional treatment of drainage issues.
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PLANNING COMMISSION MINUTES
MAY 2,2000 - PAGE 3
Nielsen said this plan would allow for that. The Country Club Meadows project for example
would not escape a need for creating a pond in the new plan. Also, the City already has a
storm water utility fee included in the utility billing, which exists for that purpose. One third
goes toward those projects. A third goes to the Capital Improvement Program for larger
projects, to be coupled with money from the Watershed District.
Anderson said he would suggest a fee for new developments if under certain thresholds. With
small developments, the City can't force a NURP pond and we need something in place to
charge a fee toward a regional fund. He further suggested it be put on the agenda for
implementation of a plan.
Commissioner Woodruff commented that it seems like a drop in the bucket. Nielsen agreed,
adding that, because Shorewood is nearly developed, it would be fairer to use the taxing district,
rather than balancing this on those few remaining lots. Why should new owners be asked to
contribute when others have not done so?
The Commission agreed to reconvene later in the meeting on this subject.
3. 7:30 P.M. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200
SQUARE FEET
Applicant: Robert Fayfield
Location: 6005 Christmas Lake Road
Chair Bailey explained the format for a public hearing, which opened at 7:30 P.M.
Nielsen explained that the applicant is seeking a Conditional Use Permit to construct accessory
space. He is remodeling the home and adding a new garage space to the existing structure. The
plan is to convert part of the old garage area into living space. There are also a number of
existing accessory buildings on the property and the new garage space would exceed the
maximum allowed of 1200 square feet. The total with the new garage would be 3011 square
feet of accessory space. The newly remodeled home will have 5109 square feet of floor area.
Nielsen reviewed the four criteria prescribed in the Zoning Code, stating that the applicant's
plans comply with the code, apart from one issue. The property includes a small cabin, which
has kitchen and bathroom facilities, categorizing the structure as a dwelling. Since the R-1A/S
Zoning Code limits the number of dwellings on a lot to one, the applicant would need to convert
the existing cabin to accessory space. Some repairs may also be needed. Setbacks are okay.
It was also noted that the lot is large and fairly wooded so structures are not visible to very many
people. Nielsen showed the elevations and views from neighboring properties. Staff
recommends approval subject to the cabin being converted to accessory space.
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PLANNING COMMISSION MINUTES
MAY 2, 2000 - PAGE 4
Mr. Fayfield was invited to comment. He stated that the new garage is not an addition to the
property, but simply replaces the existing one. The other referenced garage is actually a barn.
He has no problem with the requirement to remove the kitchen or bathroom in the small cabin.
He has questions about the degree to repair the building or to remove it altogether. He will
comply with whatever is decided on that point. Mr. Fayfield added that the home is where he
was raised and his parents built it in 1942. His architect is doing a careful restoration of the
original Lundee-designed house, rather than a remodeling project.
The Public was invited to speak. There were no comments.
Commissioner Anderson asked how this case would be affected with an amended ordinance
being considered by the Planning Commission. Nielsen said this property is fully conforming
except for the kitchen and bath facilities in the cabin. All structures meet setback requirements.
Commissioner Callies asked what utilities or appliances currently exist in the cabin. Mr.
Fayfield said the original cabin had no plumbing. In the 1940's his dad brought water service
out there from the main house. There is a sink, but no longer a stove or refrigerator. The
waterline is closed and the drainfield is not used.
Rosenberger moved to approve the Conditional Use Permit subject to staff's
recommendation. Turgeon seconded. After a few additional comments, the motion passed
unanimously.
The Planning Commission agreed to discuss each of the following topics for 15 minutes:
. The Storm water Management Plan (continued from earlier in this meeting)
. An Update on the Subdivision Code
. Senior Housing Surveyor Needs Analysis
. Stormwater Management
Commissioner Anderson commented that the issue of ground water was looked at in the
Comprehensive Plan update and should also be addressed in the Storm water Management Plan
Chair Bailey asked if there is some thought to look at an ordinance and make changes. Nielsen
said it involves implementation. There is a draft plan in front of us and we are required to adopt
a plan. The name being proposed is "The Comprehensive Stormwater Resource Plan."
Commissioner Callies recommended that if there is some drainage problem, any new
development project should solve the problem or not be allowed. There should be some
connection of them to the problem to make them pay for its solution. She asked about a
connection to city sewer and water with storm water management. Nielsen said that in most
instances the stormwater pipe would not follow utilities anyway. The plan is to use natural
features as much as possible.
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PLANNING COMMISSION MINUTES
MAY 2,2000 - PAGE 5
Callies asked if more pipes would address the problem why are we not doing it? Nielsen said it
is because of cost. He cited the example of Grant Lorenz Road where a drainage problem could
be solved, but no one wants to pay for it. If a drainage problem is great enough the City will
identify the problem, the cost and properties affected, and a taxing district is formed.
Anderson said he still would like to see money from a new development project to go toward a
regional fix. Nielsen said that the taxing district is a more fair approach. Anderson said he
wants to make sure the Comprehensive Plan goes forward to fix identified problems. Nielsen
replied that if a new project aggravates an existing problem, we have asked them to work with
that. He added that the old policies have stood for 30 years. Change is required now because of
Watershed policy changes.
Nielsen offered to provide a map of the various projects over the years to help clarify the
problem. Bailey summarized that the Planning Commission has a stormwater management plan
to review and possibly recommend changes prior to its approvaL Secondly, there is the question
of implementation.
Anderson reiterated his concerns, saying that the time to get money for drainage and storm water
issues is at time of development. Nielsen said he would recommend that fees be tied to instances
where there are identified problems, rather than a flat fee for every new lot.
Callies moved, Woodruff seconded to approve the Watershed Plan.
Commissioner Turgeon raised the question of the Watershed's recommendation of no
phosphorus usage and asked what process will be used to implement it. Nielsen said that would
be determined by the City CounciL The Land Conservation & Environment Committee is
convinced that education is not doing the trick and regulation is the next step. Nielsen said his
concern has been and still is the question of enforcement. There was further discussion about
possible approaches to take in dealing with phosphorus.
Chair Bailey asked if the Planning Commission is supposed to approve the plan, as stated in the
motion. Nielsen said he would pass along to the Council, the idea of charging a fee to new
developments. Bailey said it is appropriate for the liaison to comment on this discussion at the
next City Council meeting. (To clarify, the suggestions are: adding fees to new developments
and enforcement for phosphorus-free fertilizer.)
Callies withdrew the motion.
. Update on the Subdivision Code
The original Subdivision Code was adopted in June 1974 and has not been updated in 26 years.
Nielsen added that it describes the process and standards on how land is divided up (rather than
how land is to be used). He explained the two types of subdivision (Simple and Formal
Platting), saying that Shorewood's Code is most in need of an update in the area of Simple
Subdivisions.
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PLANNING COMMISSION MINUTES
MAY 2,2000 - PAGE 6
Nielsen said the current ordinance has a lot of technical content. There is a whole section that
involves standards for streets and utilities that are way out of date. Engineers haven't used those
standards for 10 years or better. Nielsen recommends they remove the standards from the code
and instead reference a design manual that can be updated without passing a whole new
ordinance.
Staff will provide a draft of the entire document (20 or 30 pages) to the Planning Commission by
mid to late summer with the idea of adopting it in the fall. Such timing would align with the
Commission's 2000 work schedule.
. Senior Housing Survey
Nielsen said they still need to amend the current ordinance for density and other things. This
topic will be put on the agenda for the study session in May.
Nielsen stated that he did check with the City attorney about using tree preservation money
toward the purchase of land. It can be done only if there are existing trees on the site.
4. MA TTERS FROM THE FLOOR
There were none.
5. DRAFT NEXT MEETING AGENDA
The May study session will include Senior Housing and Accessory Space.
6. REPORTS
Commissioner Anderson attended the April 10 Council meeting. He reported that the issue of
the telecommunications tower came up and was tabled. Council subsequently approved the
request at their April 24 meeting. Nielsen added that Council eventually approved both the
AT&T request and the USWest tower.
Commissioner Woodruff reported on the Land Conservation & Environment Committee fair,
which took place on Saturday, April 29. There were about 10 residents who attended and
received a free tree seedling. Woodruff described the various displays and some of the ideas for
next year's event.
The City Council Liaison for May will be Jeff Bailey. He recommended that a Planning
Commissioner be present at every Council meeting. The May 9 Park Commission meeting may
have an issue of interest to the Planning Commission and Commissioner Callies will look into
that.
Commissioner Rosenberger asked that the Commission and staff continue to work on the right-
of-way matter.
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PLANNING COMMISSION MINUTES
MAY 2,2000 - PAGE 7
7. ADJOURNMENT
Turgeon moved, Rosenberger seconded to adjourn the meeting. Motion passed 7/0.
The meeting adjourned at 8:39 P.M.
Respectfully Submitted,
Connie Bastyr
Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, MAY 16, 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:01 P.M.
Present: Chair Bailey; Commissioners Anderson, Bailey, Boehm, Turgeon, Woodruff; Planning
Director Nielsen; Council Liaison Lizee(arrival 7:20 P.M.)
Absent: Commissioners Callies and Rosenberger
APPROVAL OF MINUTES
Turgeon moved, Anderson seconded, approving the minutes of the May 2, 2000, Planning
Commission Meeting as presented. Motion passed 5/0.
STUDY SESSION
1.
DISCUSSION ON SENIOR HOUSING
. Current Code Provisions
. Needs Analysis
Director Nielsen provided background on these senior housing issues. He stated there were
questions regarding density allowances for senior housing in the City.
Director Nielsen explained that currently the City has as its ordinance a density allowance of eight
units per forty thousand square feet which seems to be too dense. He stated senior housing in
development seems to be fashioned in a single level, cottage style project. He also noted that with
this type of project, it appears quite cramped on a buildable site. Even under the best of buildable
circumstances, it would appear that six units would be a more reasonable maximum. He provided
three examples where he believed the Code provisions allowed, particularly in single family areas,
density allowances for development that were too high. He suggested the Zoning Code be
examined and, if need be, amended in this area. He also explained that to consider this change in
the RIA and RIB districts would cause much consideration for any developer as the land price as
well as utility costs, and site constraints would possibly become too expensive.
Commissioner Boehm questioned the need for changing the policy in the R-IA and R-IB districts if
it was deemed to be impractical. Commissioner Turgeon explained that if left as it is now, a
developer could potentially purchase a large number of parcels, which could cause problems.
PLANNING COMMISSION MINUTES
MAY 16, 2000 - PAGE 2
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Commissioner Anderson suggested working with two units per forty thousand square feet in the R-
1A and R-1B districts as it seemed to be a better approach than complete prohibition. He also
stated that even in that case economics would most likely become an issue for the developer. He
also noted it appears to be a proportional number when compared with the other districts of the
Zoning Code.
Director Nielsen explained the purpose of different designations of zoning districts and explained
that anyone can request to have a site rezoned as long as it conforms to the Comprehensive Plan,
which is similar to the Zoning ordinances.
A brief discussion followed about the need for change in the R-3 zoning districts. These districts
include multi-family residential districts, such as apartment complexes. While nothing in the City
is currently zoned R-3A, the potential is always there, explained Director Nielsen. Thus,
consensus agreed current density allowances in this district were believed to be too high as well,
and a necessary reduction from ten units to eight units was considered appropriate.
Anderson moved, Turgeon seconded, adopting the changes to the zoning districts as related
to elderly housing as follows--R-IA and R-IB be reduced from four units per acre to two
units per forty thousand square feet; R-IC, R-ID, R-2A, R-2B, and R-2C be reduced from
eight units per acre to six units per forty thousand square feet; and R-3A, R-3B, and R-C be
reduced from ten units per acre to eight units per forty thousand square feet. Motion passed
5/0.
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Director Nielsen then explained two issues for consideration regarding the needs analysis portion of
the Senior Housing section of the Comprehensive Plan. He questioned the potential need for an
updated Needs Study as one had not been conducted since 1992. Also, consideration of a site
survey seemed to be appropriate to determine which sites would be suitable within the City for
senior housing.
Chair Bailey asked for clarification regarding the purpose of a Needs Study as one had previously
been done and demand for senior housing units have been strong while no change in demographic
profile has occurred. Director Nielsen stated a Needs Study identifies sites in excess of three acres
to be used for senior housing as well as its impact on surrounding neighborhoods, traffic patterns,
utilities, and proximity to services-such as medical or business-near the potential sites.
Discussion continued about the cost and exact purpose of a Needs Study culminating in a
suggestion by Commissioner Anderson to review other opportunities to participate in already
existing regional housing studies rather than ask the City to endure the cost of such a study locally.
Anderson moved, Woodruff seconded, updating the Site Analysis, but not the Needs Study
and instead review opportunities as available to participate in regional housing studies of the
same nature.
Commissioner Boehm suggested clarification through the use of two motions on this matter.
Motion withdrawn.
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Anderson moved, Woodruff seconded, updating the Senior Housing Site Analysis. Motion
passed 5/0.
PLANNING COMMISSION MINUTES
MAY 16, 2000 - PAGE 3
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Anderson moved, Woodruff seconded, the City should not update the Senior Housing Survey
locally at this time, but should review opportunities as they arise to address Senior Housing
needs on a regional basis. Motion passed 5/0.
2. DISCUSSION ON ACCESSORY SPACE PROVISIONS
Director Nielsen provided history on the need for discussion of this issue stating it was the most
routine action this Commission deals with on a regular basis.
Much discussion centered on the importance of bringing structures to conformity with the current
Zoning Code versus complete removal of Accessory Space Structures subject to the exact
interpretation of the Zoning Code.
Woodruff moved, Anderson seconded, approving Accessory Building Uses as amended.
Motion passed 5/0.
3. MATTERS FROM THE FLOOR
There were no matters from the floor at this time.
4. DRAFT NEXT MEETING AGENDA
Six items were slated for the next Planning Commission meeting. Further study sessions are
expected to include discussion on a study of garbage collection. Commissioner Turgeon noted the
. Commission is on track for reviewing issues as part of the annual plan of goals and objectives.
5. REPORTS
Chair Bailey reported on matters considered and actions taken at the May 8, 2000, Regular City
Council Meeting (as detailed in the minutes of that meeting).
Commissioner Woodruff reported on matters considered at the Land Conservation and
Environment Committee held May 9, 2000( as detailed in the minutes of that meeting).
Commissioner Anderson noted the Lake Minnetonka Conservation District is holding a Public
Hearing on May 24, 2000, at 7:00 P.M. at the Tonka Bay City Hall regarding the
Shorewood Yacht Club.
6. ADJOURNMENT
Turgeon moved, Woodruff seconded, adjourning the meeting at 8:40 P.M. Motion passed
5/0.
RESPECTFULL Y SUBMITTED,
Sally Keefe,
Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MINUTES
TUESDAY, JUNE 6, 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:06 P.M.
Absent: Commissioner Rosenberger (Arrived later)
Present:
Chair Bailey, Commissioners Anderson, Turgeon, Woodruff, Callies, and Boehm;
Planning Director Nielsen; Council Liaison Lizee
APPROVAL OF MINUTES
Two corrections were made:
Page 2, paragraph 6, sentence 1; Change to "Chair Bailey asked for clarification regarding the purpose of
a needs study as one had previously been done and demand for senior housing units have been strong
while no change in demographic profile has occurred."
Page 3, Item 4, Sentence 2; Change to "Further study sessions are expected to include discussion on a
study of garbage collection."
Turgeon moved, Boehm seconded to approve the Minutes of the May 16, 2000 Planning
. Commission meeting as amended. Motion carried 5/0/1 with Callies abstaining.
1. PUBLIC HEARING - PRELIMINARY PLAT - SMITHTOWN WOODS
Applicant:
Location:
Brian Ohland, Clinton Carlson
25865/25895 Smithtown Road
Chair Bailey explained the procedures for public hearings. Planning Director Nielsen reviewed the staff
reports included for this property, which contains almost four acres and is zoned R-IC, Single-Family
Residential. He explained that the applicants propose to combine two properties and create six plats
(including the two existing homes).
It was noted that the City has approved this request on two previous occasions. In the past, there have
been discussions about the angle in which the street intersects Smithtown Road. There will be some
adjustments in the final plat to accommodate any such requirements. Also, since the last approval, the
City has adopted its Tree Preservation and Reforestation Policy and City water is now available from
Smithtown Road.
In addition to recommendations in the previous staff reports, Nielsen said approval should be subject to
five items (which are outlined in his memo of June 1,2000). He also pointed out that Watershed District
rules do not require a N.U.R.P. pond or rate retention pond. However, Shorewood's requirements for
water runoff would call for a rate retention pond.
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Nielsen stated that the lots have odd configurations, but are still able to accommodate single family
residential homes. The recommendations included in the previous staff reports are still considered valid.
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PLANNING COMMISSION MINUTES
JUNE 6, 2000 - PAGE 2
In addition to those recommendations, any approval of this plat should be subject to five conditions,
which are outlined in Nielsen's memo of June 1,2000.
Engineer Brown also commented on a change since the previous approval. Watermain is now available
to the site and staff is recommending a Watermain be run through the cuI de sac.
The applicants were invited to comment and they declined.
The public was then invited to comment.
Karen Anderson, 25920 Smithtown Road stated that her driveway is at the intersection of the proposed
road. She asked about easement for a future trail, and if the development allows room to add one along
Smithtown. She was also concerned about the average resulting lot size, which seems small after
allowing for roadway, a pond, and possibly a trail as well. She would recommend fewer lots. She also
commented that she hopes there will not be a streetlight at the end of the road, saying she prefers being
able to view the night sky.
Pat Olsen, 25775 Smithtown Road said her concern is the water drainage. There is already a known
problem with standing water on her property and she is wondering how much more that will push water
onto her property. Brown explained that the City's Stormwater Management Plan requires a pond (dry or
wet) for the development, which will help to keep the water runoff rate from increasing.
Ms. Olsen asked if the plan to come down there with watermain would mean the City would not go
through Eureka Way for watermain. Brown stated that Eureka easements have been difficult process. At
some point it's feasible that the Smithtown Meadows cuI de sac would require water there, but it's too
soon to commit to either.
Craig Anderson, 25920 Smithtown Road said he is concerned about the angle of the intersection and
would prefer to see the final design before it is approved-in order to see the width of the road and the
angle of the road. He also said that there was at one time, talk of a connection to the LRT trail to go
through that property. His concern is the level of traffic on Smith town Road, and stated that
consideration should be given to pedestrian traffic along there. Other details he wanted to know were;
road alignment and the direction of headlights shining in his house or his neighbor's house, plans to
buffer that problem, and sizes of the proposed homes.
Nielsen explained that the applicant has not indicated and not required to submit information on sizes or
styles of homes. They will be single family residential and would be a step down from the houses in
Smithtown Meadows because of smaller lot sizes. The applicants stated they plan on homes to be around
the $350,000 range and 3,000 to 4,000 square feet.
Mr. Anderson asked if there would be more opportunities in the process where residents can comment.
Nielsen explained that this is the preliminary plat public hearing. There will be a final plat and public
hearing with the City Council. Anderson said it is hard to come up with questions without knowing more
information. Nielsen said that plans have been available to view at City Hall since the public hearing
notices were mailed.
There were further questions about building sizes and plans. Nielsen distributed his copy of drawings of
the proposed lot divisions. There were no other comments and the public hearing was closed.
PLANNING COMMISSION MINUTES
JUNE 6, 2000 - PAGE 3
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Commissioner Anderson thanked the public for their helpful comments. He asked staff if runoff
calculations have been done to be sure there are no drainage issues. Brown explained that the applicant
is required to provide erosion control plans. The City has stated that they do require that the pre-
development and post-development drainage be the same. For this site, there is substantial information
to indicate that it meets requirements.
Anderson asked if storm sewer exists for the site area. Brown said there is minor storm sewer in
Smithtown Road, which is to be upgraded when the road is improved in the future.
Anderson asked about the property's closeness to possible light rail transit route in the future. Nielsen
said it meets the standard that has been established, but not it has not been discussed. Brown stated that
the applicant for the Smithtown Meadows development had obtained a permit from the Hennepin County
Regional Rail Authority to encroach on the 100-foot right-of-way. These lots do not encroach on LRT
right-of-way.
Anderson said he likes the idea of a walking trail through this site. Nielsen suggested that the right-of-
way and a trail be required at the time of development.
Commissioner Turgeon said she worries that a trail could cause a lot of traffic through these people's
yards. She would rather have a wood chip trail so not to draw traffic through the neighborhood.
Resident Karen Anderson said the point is to keep pedestrians and bikers off the roadway. Turgeon said
she knows how residents feel about a trail on Smithtown and would like to divert traffic in the best
possible way.
.
Turgeon asked if a trail would be in the same area as the watermain. Brown said would fall under the
same easement. He would also recommend it be gravel or paved. If the surface is wood chipped, it may
not be an obvious trail and would eventually become a flower garden.
Nielsen showed the current routes to access the LRT trail from Smithtown Road, stating that a trail
through his property would save some distance through Smithtown traffic. He also agreed on the use of
pavement or crushed rock, adding that there is the disadvantage of noise with rock. He suggested the
issue be referred to the Park Commission before final approval.
Turgeon asked about plans for the existing garage. Nielsen said it could be moved or removed. Brown
added that one of the recommendations was that the two existing driveways be directed to the new street.
Turgeon asked if there is a plan for a monument or signage at the entry. Nielsen said this project does
not qualify for a monument sign. Turgeon asked about a possible street light. Brown said the applicant
has not requested it. When asked of his intention, the applicant said this is the first time it has come up.
He said if neighbors want it, they will put one up; and if not, they won't. Nielsen said the City's policy is
to consider residents' requests. People would have input at that time and the residents who live there
ultimately have the right to apply.
Commissioner Callies commented about the trail design, saying it would seem appropriate for the Park
Commission to look at that. Commissioner Boehm added that the trail idea is an excellent one,
especially in view of the traffic along Smithtown. His other concern is the two existing driveways, but it
will be part of the final design that those driveways must feed into the new street rather than Smithtown.
Chair Bailey noted that such a requirement is not stated in the staff recommendations.
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PLANNING COMMISSION MINUTES
JUNE 6, 2000 - PAGE 4
Woodruff also agreed that a trail sounds like a good idea. She asked about trees on the site. Nielsen said
those will have to be replaced according to the formula in the City's policy.
Bailey raised the question of headlights shining in houses directly across Smithtown from the
neighborhood entrance. He asked if that is something the City would try to do something about. Nielsen
said they have not in the past required landscaping. They will look at it in the final road design, though it
is not required.
Anderson asked if there were a future trail was along Smithtown on this side of the road, would there be
room to allow for it. Nielsen referred to Exhibit C that shows that the proposed right-of-way is adequate
for the location of a trail. The proposed ponding is out of that right-of-way area.
Anderson asked if city water hook-up will be required. Nielsen said the development has to put in water,
but hook-up is not required. The fee is paid, so there is really no need to put in a well. Anderson asked
about the size of the cuI de sac. Brown said it meets current design standards.
Woodruff asked if this third application requires the input of a tree arborist-to comply with the City's
revised tree preservation. Nielsen said yes it does.
Anderson moved that the Planning Commission accept the preliminary plat with staff
recommendations as noted in the current and subsequent recommendations made on previous
plats to include the addition of a trail right-of-way to access the LRT trail, with the Park
Commission to determine its composition. Woodruff seconded.
There was discussion as to what parts of the trail decision should be forwarded to the Park Commission.
Commissioner Boehm agreed with the motion as stated in reference to the trial, but noted it is missing
staff recommendations with regard to the driveway changes. It was determined that the issues of the
driveways and watermain are in the Engineer's Report.
The motion passed 5/1 with Turgeon opposed.
2. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT.
Applicant:
Location:
Robert Cunningham
22375 Murray Street
Planning Director Nielsen gave an overview of the applicant's project, explaining that the proposed
garage addition would bring the total accessory space to 1968 square feet, which is over the 1200 sq. feet
allowed by City Code. He showed on a map that the property (zoned R-IC) is quite a bit larger than the
minimum lot size requirement. The applicant proposes to eventually convert the existing garage area to
living space.
Nielsen reviewed the criteria for granting a Conditional Use Permit. He also noted that with a lot of this
size, grading and drainage are not an issue. Based on the criteria, staff recommends approval of the
C.U.P. The final approval would appear on the June 12 Council agenda.
The applicant commented that the landscaping is in disarray and this is not the final condition that he
plans to keep it in. He offered to answer any questions.
The Public was invited to comment. There were no comments and the public hearing was closed.
.
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PLANNING COMMISSION MINUTES
JUNE 6, 2000 - PAGE 5
The Commissioners did not have any questions or concerns about the project.
Callies moved, Boehm seconded to recommend approval of the C.U.P.
Chair Bailey asked about plans for the existing garage. The applicant said that he does not intend to keep
it as a garage. Nielsen stated that the applicant would be required to convert it to living space. Bailey
asked for a friendly amendment to add that as a condition to the C.U.P.
The Motion was revised to recommend approval of the C.U.P. with the condition that the existing
attached garage must be converted to living space. The motion passed 6/0.
3. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT.
Applicant:
Location:
Steve & Ann Anderson, Keith Waters and Associates
5695 Merry Lane
Planning Director Nielsen explained that the developer of Christmas Lake Shores, Keith Waters is
representing the applicant. The request to add storage space under the garage area would result in 2084
square feet of accessory space. The footprint of building does not change at all from the original plan.
The property is zoned R-lA and is subject to shoreline requirements.
Nielsen reviewed the four conditions that must be met in allowing a C.U.P., stating that the proposal does
comply. Based on those criteria, staffrecommends approval of the c.u.P.
The applicant's representative was invited to comment. Mr. Waters had nothing to add and offered to
answer questions related to the project.
Commissioner Rosenberger arrived.
City Engineer, Larry Brown commented that the landscape plan in exhibit G does show a gravel
driveway. It is recommended that there be a separation of 15 feet from curb to driveway to allow a
vehicle to pull out from that area on to the driveway before entering Mary Lane. Mr. Waters explained
that the driveway is designed for a trailer to be able to back out of there. Brown said that the purpose is
to ensure that any vehicle entering there would be aligned correctly upon entering the public roadway. It
was agreed that this issue could be worked out as part of the final building plan review.
The Public was invited to comment. There were no comments and the public hearing was closed.
Commissioner Turgeon asked about the hard cover ratio. Nielsen said this plan is well under the
maximum allowed of 25%. Mr. Waters said the hard cover ratio is approximately 13%.
Callies moved, Anderson seconded to recommend approval of the C.U.P.
Turgeon asked if the driveway access issue would be added later.
The Motion was revised to recommend approval of the C.U.P. with the condition that staff is to
work out a proper driveway configuration with architect. The motion was unanimously approved
as amended.
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PLANNING COMMISSION MINUTES
JUNE 6,2000 - PAGE 6
4. FINAL PLAT REVIEW - SEAMANS ESTATES
Applicant:
Location:
Kim Koehnen
Seamans Drive
Nielsen explained that this issue is back for review due to a drainage issue. There have been two changes
from the preliminary plans. The number of lots proposed has been reduced from 5 to 4, meaning that any
future division of the double lot will not be a simple subdivision. The other change is that the neighbor's
driveway encroaches on Ms. Koehnen's property and so she has agreed to convey Outlot A to the
neighbor.
Nielsen said the ponding requirement is the remaining issue. Engineer Brown said the only condition he
has attached is that the applicant's engineer resolve issues with regard to on-site retention, in order to
meet the pre-development runoff rate.
Commissioner Anderson asked if there have been runoff calculations and asked why a pond is not on this
plan. Brown said this is a very straightforward plat. The Watershed District indicates that erosion
control measures are met, but in this case their requirements do not call for a pond. According to
Shorewood's Storm Water Management Plan, we require that stormwater retention does occur. Brown
added that there is ample room for a pond on many of the lots. However, if the applicant would choose
to do a wet pond, they would be looking at additional easements. He is recommending a rate control
pond be included, which mayor may not be a wet pond.
Commissioner Anderson said he is uncomfortable with recommending approval without the ponding area
more well defined. Nielsen stated that ponding will be in northeast comer of the plat. Brown
commented that the bottom line is that staff felt this is a fairly simple plat and he questioned if the issue
at this point is to determine location of plat. He added that, as part of building permits being issued, the
applicant must meet the pre-defined requirements. In this case, each lot is to be custom-graded and the
developer will have to satisfy requirements of onsite ponding
Commissioner Callies asked why the final plat is not being reviewed when all of those details are
completed. Brown explained that this is unique because there is ample room and it is not an automatic
requirement that all this be provided at the time of plat application. In this case, drainage does not
require constraints on the plat.
Anderson pointed out that a neighbor has given testimony that he already gets runoff from this site.
Nielsen said that is one reason that staff recommends a rate runoff pond. Anderson said he would like to
see where that water is going. When we receive public testimony, drainage is always an issue.
Nielsen suggested including in the Development Agreement that there will be a pond and that the final
plan will be routed back to the Planning Commission for informational purposes. Commissioner
Woodruff said she would like to see that.
The applicant, Kim Koehnen addressed the Commission saying that this was her grandparent's property
and she bought to keep it in the family. She had wanted to do a simple subdivision and was told that she
would need to plat all 5 lots. She has been trying to meet with the City and to address every requirement
so she was surprised to see that she now needs to provide a drainage and grading plan. She asked for the
City's recommendation for a pond, and so far has heard that there will be some kind of ditch. She is not
sure how that will work and said she is open to suggestions.
PLANNING COMMISSION MINUTES
JUNE 6,2000 - PAGE 7
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Brown clarified that the applicant's engineer has submitted a plan according to Watershed District
requirements. The City still contends that a pond is required and staff has not received calculations they
would consider acceptable. However, because staff feels there is ample room, it is something that can be
worked out. It is a point of ongoing discussion. Commissioner Anderson told the applicant that
stormwater runoff affects the entire system and the City just wants to make sure this subdivision will not
create added problems.
Anderson moved to direct staff to work with the developer on their drainage plan to create a plan
that is acceptable to the City and that staff report to the Planning Commission on what that final
plan is. Motion was seconded by Rosenberger. Motion passed 7/0.
Ms. Koehnen clarified that she is not just letting the neighbor have the land (as was implied at the start of
this discussion). Both parties are working it out between themselves. Rosenberger said he commends
her for that.
5. SIMPLE SUBDIVISIONILOT LINE REARRANGEMENT
Applicant:
Location:
Carl Zinn
5820 Ridge Road
.
Planning Director Nielsen stated that this is truly a simple subdivision. The applicant has purchased
property next to his lot in order to resolve a setback problem. The amount of land being exchanged is
1740 square feet. There is intention to eventually remove the house on the adjacent property (Sparber's).
At that time, nonconforming structures would be brought into conformity. Both lots will still meet or
exceed the minimum width and area requirements of the R-IA1S zoning district. Approval of the
proposed lot line rearrangement is recommended.
Dave Gilmore, representative for the applicant, had no further comments.
Commissioner Anderson pointed out that Ridge Road is a private road and in the past the City has tried
to find ways to resolve traffic and parking problems where possible, when changes are made to adjoining
properties. He asked if there is anything that can be done in this situation to require parking or
turnaround spaces. Nielsen explained that this case is different because and access is off of a separate
branch from Ridge Road.
Commissioner Turgeon asked if the proposed lot line is straight because it appears to have a slight bend
according to the drawing. Nielsen said that it is slightly bent, however it is a very gradual change and it
works well with the topography of the site.
Anderson moved, Boehm seconded to approve the request per staff recommendations. The motion
was approved 7/0.
6. SIMPLE SUBDIVISION
Applicant:
Location:
Kirk Dickey, Ted Bigos
3221 State Highway 7
.
Planning Director Nielsen explained that a sliver of land from this parcel falls within the City of
Shorewood and the County of Hennepin. Some time ago, the Bigos' had conveyed the property to
combine with this lot, when in fact they had intended to convey only a portion of the property. The
request is that the parcel in Shorewood be divided in two and those two pieces be connected to the
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PLANNING COMMISSION MINUTES
JUNE 6, 2000 - PAGE 8
adjoining lots to the south in Chanhassen. Staff highly recommends approval of a simple subdivision and
combination, subject to the requirement for a covenant recorded against those parcels that it will not be
sold separately from its adjoining parcel in Chanhassen.
Commissioner Callies asked why this is a matter for the Planning Commission. Nielsen explained that
the City would not want a vacant sliver of land out there by itself.
Callies asked if Carver County or the City of Chanhassen has to agree. A representative of the
applicants, John Ehlers explained that this has been done already by Carver County in 1963, but for some
reason was not recorded for Hennepin County.
Commissioner Anderson asked if there are any plans to look at closure of the driveway access as part of
the State Highway 7 improvements. Brown said that when the State determines an access should be
closed, there is impact to the property and the owner will be compensated. Anderson asked if it is it
unreasonable to ask at this time that the access be changed to Barberry Circle. Nielsen said the property
has been treated as Chanhassen. Also, if access closure were required as part of this subdivision, it
would include compensation from the City of Shorewood.
Turgeon moved to approve the simple subdivision for Kirk Dickey and Ted Bigos subject to staff
recommendation that a covenant be recorded with the parcel, and that these parcels will not be
sold separately from the adjoining parcels in Chanhassen. Rosenberger seconded. The motion was
approved 7/0.
7. MATTERS FROM THE FLOOR
. There were none.
.
8. DRAFT NEXT MEETING AGENDA
There are two public hearings in the near future. Plus, there are plans to consider two ordinance changes;
senior housing and accessory space. The Commission will also be discussing the issue of trash removal
and reviewing their priority list.
Engineer Brown added that a possible agenda item for the future might be the Freeman Park accesses
closure.
Callies asked about the topic of changes to the County Road 19 intersection. Nielsen said the City is
trying to schedule a meeting with the Tonka Bay City Council.
It was agreed that the Planning Commission would hold the public hearings on Tuesday, July 11 and go
over the proposed text of amendments in Study Session on Tuesday, July 18. There will not be a second
meeting in June.
Commissioner Turgeon will attend the June City Council meetings.
9. REPORTS
Commissioner Woodruff reported on the Land Conservation and Environment Committee meeting. She
said that Mayor Love attended and they primarily worked to prioritize their "To Do" list.
. . . ~
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PLANNING COMMISSION MINUTES
JUNE 6, 2000 - PAGE 9
Chair Bailey attended the May 22 Council meeting and reported that the Council approved the Country
Club Meadows final plat. The issue of road realignment was resolved. Brown added that the matter of
water was also discussed. The developer claims that he will extend water down the street, but wants to
leave the option open for individuals to punch a well.
Bailey also reported that the Park Commission is trying to save the skateboard park idea. They are
meeting on Tuesday, June 13.
10. ADJOURNMENT
Anderson moved, Woodruff seconded, adjourning the meeting at 9:24 P.M. Motion passed 7/0.
RESPECTFULLY SUBMITTED,
Connie Bastyr
Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 11 JULY 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:00 P.M.
Present:
Chair Bailey; Commissioners Anderson, Callies, Boehm, Rosenberger, Turgeon, and
Woodruff (arrival 7:05 P.M.); Planning Director Nielsen; Council Liaison Lizee (arrival
7:03 P.M.); and Engineer Brown
Absent:
None
APPROVAL OF MINUTES
Anderson moved, Boehm seconded, tabling the June 6, 2000, Planning Commission Meeting
Minutes to the July 18, 2000, Planning Commission Meeting. Motion passed 6/0.
1. 7:00 P.M. PUBLIC HEARING - C.U.P. FOR FILL IN EXCESS OF 100 CUBIC YARDS
AND C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT
Applicant: Jim & Tracy Akins
Location: 27820 Island View Road
Chair Bailey reviewed the procedure utilized in the Public Hearing process. Director Nielsen and
Engineer Brown provided overviews of past history surrounding this property. Of particular note, the
City Council voted approval of the vacation of the drainage/utility easement contingent upon a sanitary
sewer main be constructed and the appropriate drainage and utility easements be put back over the new
main. As a result of this approval, the number of cubic yards required is substantially less than what was
originally submitted.
Council Liaison Lizee arrived at 7:03 P.M.
Director Nielsen explained the grading plan and noted flexibility should be utilized when considering the
number of cubic yards needed to be placed over the new sewer main. He also stated he believed this plan
benefits the adjoining neighbors from a design standpoint. Further, he stated whenever a plan like this is
reviewed there is concern for anticipated drainage within and surrounding the property.
Commissioner Woodruff arrived at 7:05 P.M.
Engineer Brown complimented the developer's engineer for ensuring the drainage was maintained in
around the house and side yards.
Director Nielsen also noted the landscaping plan goes far beyond what the ordinance would require on
this site. Both Director Nielsen and Engineer Brown recommended approval of this plan.
The Public Hearing was opened at 7:10 P.M.
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PLANNING COMMISSION MINUTES
JULY 11, 2000 - PAGE 2
Mr. Larry Reid, 27780 Island View Road, addressed the Commission regarding this matter. He expressed
concern with the drainage and elevation along the shared lot line. He suggested the possibility of using a
catch basin to enhance a drain tile project he had undertaken with another neighbor. He also expressed
an interest in working with Mr. Akins to remedy any drainage and landscaping concerns.
Engineer Brown encouraged all three neighbors to work together to address any drainage in that area as
they were all in attendance this evening, and he was certain the proposed plan would work.
Chair Bailey closed the Public Hearing at 7:21 P.M.
Commissioner Callies asked Mr. Akins about prior history of the purchased home and lot. Mr. Akins
explained there was a basement with water problems. Mr. Steingas, builder for Mr. Akins, explained
they were trying to improve the grade of the lot in an effort to channel the water to the lake and without
the additional fill he would not be able to build a useable basement for Mr. Akins on this lot.
Commissioner Anderson questioned Engineer Brown if runoff calculations had been completed.
Engineer Brown responded the site meets standard criteria as well as handling and channeling the water
to the lake in a worst case scenario such as a "superstorm."
Commissioner Anderson also asked if Island View Road had stormsewers. Engineer Brown explained
this road is a private road, and he found it encouraging to hear the neighbors are considering working
together to address drainage concerns.
Commissioner Anderson questioned whether concern was needed with the sanitary sewer line below or
near lake level. Engineer Brown responded that is always a concern in this area and provided history on
the sewer lines in this area of Shorewood, noting materials now are substantially improved from when
first installed in the early 1970's.
Commissioner Turgeon commented on the significant tree loss, problems on site currently needing to be
remedied to expedite the process, such as fencing incorrectly placed, and also concern about a masonry
fence being located close to the property line.
Anderson moved, Callies seconded, Approving a C.U.P. for Fill in Excess of 100 Cubic Yards and
C.U.P. for Accessory Space over 1200 Square Feet with staff recommendations for Jim & Tracy
Akins,_27820 Island View Road. Motion passed 7/0.
2. 7:15 P.M. PUBLIC HEARING - TO CONSIDER AN AMENDMENT TO THE
SHOREWOOD ZONING CODE REGARDING CONDITIONAL USE PERMITS FOR
ACCESSORY SPACE OVER 1200 SO. FT.
Director Nielsen reviewed purpose in considering these amendments and provided history from previous
study sessions. To be considered was an addition of text to the Zoning Code under section 1201.03 Subd.
1.1, Section m. as follows:
m. Existing nonconforming accessory structures shall be removed or brought into conformity with this
Code, as required in Section 1201.03 Subd. 2.d(4)(c), or in instances where the gross floor area of the
principal structure is being increased by fifty percent (50%) or greater.
Also under consideration was the following addition of text shown in italics. This is an addition to
Section 1201.03 Subd. 2.f., Section C.
PLANNING COMMISSION MINUTES
JULY 11,2000 - PAGE 3
.
C. In evaluating the conditional use permit, the city shall take into consideration the location of existing
and proposed structures, site drainage, and landscaping. As a condition of approval of the conditional
use permit, existing nonconforming accessory structures located on the property shall be removed or
brought into conformance with this Code.
Chair Bailey opened the public hearing at 7:47 P.M.
Mr. Bill Smith, 5770 Grant Lorenz Road, expressed concern about the potential for problems with
property line rearrangements where accessory structures become non-conforming as a result of the
realignment.
Director Nielsen explained that typically lot lines are not allowed to be moved if it would make an
accessory structure non-conforming. He also noted there are ways to handle a situation such as this
through a variance procedure or by proving hardship.
The public testimony was closed at 7:53 P.M.
Commissioner Callies stated she believed people would find it difficult to prove hardship in these
instances. She also questioned the rationale for changing the ordinance when someone is remodeling
their home.
.
Commissioner Anderson clarified the issue by comparing it to a blank lot. An owner would then be
subject to ordinances, so if the house is torn down, the owner essentially created a blank lot and is now
subject to ordinances of conformity. Further, if people chose to do a significant remodeling in the past,
they were not subject to bringing accessory structures into conformity, where as this amendment would
require it.
Chair Bailey strongly supported this change as he believed it made sense, and it helped to find a way to
clean-up nonconforming properties just as owners building from scratch would have to do. He also
commented that perhaps the fifty percent was too high in percentage. He believed the fifty percent came
from a discussion of market value and then was translated into square footage. He wondered if it should
be lower as people, in some cases, could build a large addition to the home and still not have reached
fifty percent of previous square footage.
Callies moved Rosenberger seconded, Approval of an Amendment to the Shorewood Zoning Code
Regarding Conditional Use Permits for Accessory Space over 1200 Square Feet._ Motion passed
6/1, with Boehm dissenting.
Commissioner Boehm stated his opposition in that a point of mandate takes away flexibility in the
standard.
3. 7:30 P.M. PUBLIC HEARING - TO CONSIDER AN AMENDMENT TO THE
SHOREWOOD ZONING CODE PROPOSING REDUCED DENSITY FOR SENIOR
HOUSING PROJECTS
Director Nielsen again provided background from previous study sessions on this amendment. He stated
it was considered in an effort to make density requirements proportional.
. Chair Bailey opened the Public Hearing at 8: 10 P.M.
.
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PLANNING COMMISSION MINUTES
JULY 11, 2000-PAGE4
No one chose to speak on this matter, and thus, the Public Hearing was closed at 8:11 P.M.
Commissioner Rosenberger stated he was adamantly opposed to this amendment change.
Commissioner Woodruff stated she thought this was more a practical matter than anything else.
Chair Bailey commented he was convinced by previous discussions this is a practical matter. In a RlC
district, eight units per acre do not work comfortably.
Commissioner Callies stated she did not agree with this change, as she believed there should be many
kinds of homes being made available in the City.
Anderson moved, Woodruff seconded, Approving an Amendment to the Shorewood Zoning Code
Proposing Reduced Density for Senior Housing Projects.
Commissioner Rosenberger commented that practicality will dictate what can be built. He stated there
was an effort ten years ago to make it as affordable for seniors as possible to live in Shorewood, and he
believed this would diminish those efforts.
Motion carried 4/3, with Boehm, Callies, and Rosenberger dissenting.
Commissioner Boehm stated the change didn't seem to make a difference in terms of practicality.
However, it did seem to him as though a message that could be construed as being reflective of the
community values was being sent, and he did not want to send that message.
Chair Bailey reminded the next Commission Liaison to share the sentiments of all Commissioners
regarding these amendments with Council at the next Regular City Council Meeting.
4. MATTERS FROM THE FLOOR
Mr. Bill Smith, also questioned where the number of 1200 Square feet came from when discussing
Accessory Space issues. Director Nielsen provided a brief history, from 1973 to present, explaining the
perceived need to regulate houses and accessory spaces in an effort to provide proportional areas on
home sites. He also explained there are tools existing to allow nonconformity on lots, such as proof of
hardship and conditional use permits which can exist under or contingent to certain conditions.
5. DRAFT NEXT MEETING AGENDA
There are approximately five items slated for the next Planning Commission Meeting of July 18,2000.
6. REPORTS
Commissioner Anderson reported on matters considered and actions taken at the July 10, 2000, Regular
City Council Meeting (as detailed in the minutes of that meeting).
There is a joint meeting scheduled between the Councils of Tonka Bay and Shorewood to discuss the
County Road 19 Intersection Project on July 25, 2000, at the Southshore Community Center at 6:30 P.M.
.
.
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PLANNING COMMISSION MINUTES
JULY 11,2000 - PAGE 5
Commissioner Boehm will be Commission Liaison for the July 24, 2000, Regular City Council Meeting.
Commissioners were reminded to bring calendars to the next Planning Commission Meeting to schedule
the August Liaison positions. Commissioner Woodruff stated she would be Liaison for the month of
September.
The Planning Commission will review the annual "To Do" List at an August Study Session. Director
Nielsen commented he believed the Commission was making good progress on this list.
7. ADJOURNMENT
Callies moved, Anderson seconded, adjourning the meeting at 8:53 P.M. Motion passed 7/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
Bradley J. Nielsen, Acting City Administrator
.
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 18 JULY 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:00.P.M.
A. Roll Call
Present: Chair Bailey; Commissioners Anderson, Rosenberger, Turgeon, and Woodruff; Planning
Director Nielsen; and Council Liaison Lizee
Absent: Commissioners Boehm and Callies
APPROVAL OF MINUTES
Turgeon moved, Anderson seconded, approving the June 6, 2000, Planning Commission Minutes as
amended on Page 9, Item 10, change "Olson" to "Anderson." Motion passed 5/0.
Turgeon moved, Anderson seconded, approving the July 11, 2000, Planning Commission Minutes as
amended on Page 4, Paragraph 7, change "as affordable as possible" to "as affordable for seniors as
possible" and Paragraph 9, change "he didn't seem" to "the change didn't seem" and in Paragraph 9,
Sentence 2, change "reflective of the community was being" to "reflective of the community values
was being." Motion passed 5/0.
1. 7:00 P.M. PUBLIC HEARING - CUP: TELECOMMUNICATIONS FACILITIES
Applicant: Metricom, Inc.
Location: 5500 Old Market Road
Chair Bailey reviewed procedures utilized in a public hearing. Director Nielsen explained history
surrounding this matter. He noted the request from Metricom was for space on the water tower at the height
of 75 feet and for an equipment platform and cabinet on site. Director Nielsen commented both land use
and code requirements had been met by Metricom.
Garrett Lysiak, the City's Telecommunications Consultant, was in attendance and provided a brief report
of his fmdings related to this matter. Most importantly, he noted this request would make maximum usage
of the "vertical real estate" present on the Southeast water tower. He explained this system is a low power
system not regulated by the FCC, and could co-locate with another system that was FCC regulated. He
did, however, note the radio boxes to help transmit signals needed to be located within six feet of the
antennas. Both antennas and radio boxes are to be mounted on the exterior of the water tower.
Engineer Brown was in attendance and concurred with the above reports subject to the following
conditions.
1.
As part of the building permit application, the applicant shall be required to furnish the City with
the following items:
Planning Commission Meeting
July 18, 2000 - Page 2 of 6
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A. The applicant shall provide structural calculations as performed by a Registered
Professional Engineer by the State of Minnesota for the proposed mountings and antenna panels.
Calculations shall demonstrate that the proposed structure shall meet or exceed a 100-mph wind
loading with the appropriate gust factors applied. The applicant shall note that this requirement
differs from the Uniform Building Code requirements.
B. The applicant shall enter into a lease agreement with the City for locating
telecommunications equipment on the water tower located at 5500 Old Market Road.
C. The applicant shall provided the City of Shorewood with a letter of credit in the amount of
$5,000 (over and above any other amounts for landscaping and site restoration) to insure proper
mounting of the antennas with restoration of the water tower structure.
2. The applicant's contractor and all subcontractors shall attend a preconstruction conference with the
City Engineer prior to the commencement of any construction.
Director Nielsen also provided a number of conditions relevant to the approval of the conditional use permit
being requested. Approval was recommended subject to the following conditions being met:
A. The recommendations of the City Engineer with respect to structural and operational
Issues.
B. The recommendations of the City Telecommunications Consultant.
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C. The applicant must enter into the City's lease agreement including provisions for annual
monitoring.
D. Prior to any construction, the applicant must provide bids for the proposed landscaping,
from which bids a letter of credit, one and one-half times the amount of the landscaping will be
required. The L.O.C. must extend for two growing seasons. If construction is to take place this
year, required landscaping must be in place before the end ofthe growing season.
E. Prior to any construction the City Engineer will require an additional letter of credit or
cash escrow relative to work being done on public property and to the tower itself.
Steve Carlson, Real Estate Broker for Metricom, was in attendance and offered to answer any questions the
Planning Commission had this evening.
Chair Bailey opened and closed the Public Hearing at 7:23 P.M. as there was no one present wishing to
address this issue before the Planning Commission.
Commissioner Anderson questioned whether the City was required to allow Metricom space on the water
tower if they were not regulated by the FCC. Director Nielsen and Mr. Lysiak both responded that seemed
to be a matter of legality and better answered by Attorney Keane, however, Director Nielsen stated he
would add a provision to the lease agreement to allow co-location of another system.
Commissioner Rosenberger asked about responsibility of liability regarding this system, as in damage from
. a storm. Engineer Brown explained that in the situation of a storm, the lease agreement provides the City
Planning Commission Meeting
July 18,2000 - Page 3 of 6
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with "carte blanche" to remedy the situation for public safety. Commissioner Rosenberger also stated he
would like to see a condition of financial assurance for removal of the system in the event the system is
obsolete or terminated.
Commissioner Woodruff asked if the tower would be full if another system was co-located with the
Metricom system. Engineer Brown responded affirmatively.
The Commission then asked many questions related to the obligation by the City under the
Telecommunications Act. Director Nielsen explained this Act to Commission. Mr. Lysiak also reminded
the Commission this request makes good use of the existing space on the tower and not to utilize the space
would mean a loss in revenue for the City.
Steve Carlson then reminded the Commission that Metricom had met all of the code requirements. He also
noted the question of "What if...?" could be applied to many situations and asked the Commission to think
about the proposal that was before them this evening.
Chair Bailey expressed his opinion that the space was available, and he believed it to be attained on a "first
come, first served" basis. Further, he believed this to be a good use of this space on the tower. Regarding
the matter of the financial assurance, he believed it may be worth looking at as part of the ordinance
process, but did not see relevance in attaching it to this permit.
Turgeon moved, Woodruff seconded, Approving a Conditional Use Permit for Telecommunications
Facilities, subject to staff recommendations, at the Southeast Water Tower Site for Metricom, Inc. at
5500 Old Market Road. Motion passed 3/2, with Anderson and Rosenberger dissenting.
. Commissioner Rosenberger commented he saw no reason why the matter of financial assurance could not
be attached to this permit.
Commissioner Anderson commented he believed the Planning Commission was a planning body of
government and as such, needed to plan for the future in the event all providers would come and need to
have service in this area in order to make their systems work. Commissioner Rosenberger also concurred
with Commissioner Anderson's beliefs.
2. 7:15 P.M. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT
Applicant: Tom & Pam Zachman
Location: 4960 Shady Island Circle
Director Nielsen provided history regarding this matter.
Mr. Tom Zachman, owner, was in attendance and asked the Commission about moving a rock wall made
of boulders. Director Nielsen explained the wall can be moved, but must remain on the property and
cannot be located in the right-of-way area on the property.
Chair Bailey opened and closed the Public Hearing at 8:11 P.M. as there was no one present wishing to
address this issue before the Planning Commission.
Commissioner Anderson asked Mr. Zachman what the intended use was for the new garage. Mr. Zachman
stated it was for accessory items currently on his property, such as a boat.
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Planning Commission Meeting
July 18,2000 - Page 4 of 6
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Anderson moved, Rosenberger seconded, Approving A Conditional Use Permit for Accessory Space
Over 1200 Square Feet for Tom and Pam Zachman, 4960 Shady Island Circle. Motion passed 5/0.
3. 7:30 P.M. PUBLIC HEARING- C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT
Applicant: Robert & Jean Weiss
Location: 6175 Lake Virginia Drive
Director Nielsen again provided history relating to this matter.
Chair Bailey opened and closed the Public Hearing at 8:25 P.M. as there was no one present wishing to
address this issue before the Planning Commission.
Commissioner Anderson asked the intended use for the accessory space, and Director Nielsen responded he
believed it to be used for storage space for a lawn tractor and possibly a boat.
Commissioner Woodruff asked if there was any significant tree loss needed as a result of construction.
Director Nielsen replied there was virtually none.
Turgeon moved, Woodruff seconded, Approving A Conditional Use Permit for Accessory Space
Over 1200 Square Feet for Robert and Jean Weiss, 6175 Lake Virginia Drive. Motion passed 5/0.
4. 7:45 P.M. PUBLIC HEARING - VARIANCE FOR BLUFF SETBACK
Applicant: Greg & Molly Swirtz
Location: 6090 Ridge Road
. Director Nielsen provided detailed history and analysis regarding this matter. He explained the Swirtzes
looked at demolishing the house and decided to pursue a significant remodeling project in the past. They
requested the variance to construct a cantilevered deck over the existing bluff on this site. The impervious
surface on the lot is just under 18%, including the proposed deck. The applicant's plan for the deck would
not alter the essential character of the neighborhood, and the size of the deck is considered minimal. A
request for a condition added to the variance by the City was suggested in that the deck may only be as
deep as structurally allowed (approximately ten feet), or whatever can be structurally engineered for the
cantilever, whichever is least.
Mr. Greg Swirtz, owner, was in attendance and stated he had signed letters from the neighbors stating there
was no opposition to the construction of this deck. He also noted there would not be any excavation into
the bluff required as part of this project.
Chair Bailey opened and closed the Public Hearing at 8:37 P.M. as there was no one present wishing to
address this issue before the Planning Commission.
Commissioner Turgeon stated that although she often would have trouble finding hardship in wanting to
add a deck, the applicant had done a wonderful job of working with the difficult topography on this site.
Also, she had visited the site and noted if there were any other space to add the deck other than over the
bluff, she was certain it would have been requested.
Commissioner Rosenberger asked Mr. Swirtz if any erosion control measures had been taken on this
property. Mr. Swirtz noted he had added rocks on the lakeside, and the foundation had been in existence
. for approximately eighty years so he did see any other areas to put the deck.
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Planning Commission Meeting
July 18, 2000 - Page 5 of 6
Chair Bailey stated it was surprising to him this request was not part of the significant remodeling process
requested a year ago. Mr. Swirtz responded the hillside lift had not been put in at that time, and he did not
know what it would be like to live in the house as that was not his residence at that time.
Anderson moved, Turgeon seconded, Approval of the Variance for a Bluff Setback for Greg and
Molly Swirtz, 6090 Ridge Road. Motion passed 3/1/1, with Bailey dissenting and Rosenberger
abstaining.
Chair Bailey stated he was not supportive as he did not see it as a hardship for living on this property.
Commissioner Rosenberger abstained because he was not sure it was a hardship issue as someone had lived
on this site for approximately eighty years without a deck such as this one. Also, he was not able to view
the property to understand the merits of the request.
5. SIMPLE SUBDIVISION/COMBINATION - LOT LINE REARRANGEMENT
Applicant: Herbert Margolis
Location: 28045 Boulder Bridge Drive
Director Nielsen explained background and purpose for this request.
Mr. Herbert Margolis was in attendance and stated his reasoning for the request. He stated he would like
to even out the lot lines in an effort to utilize the space in his yard for plantings and possibly a storage
facility at some later date.
Chair Bailey asked what issues should be considered in examining lot line rearrangements. Director
Nielsen stated there were several issues, such as affecting the buildability of the lot, setback conformance,
space dropping below zoning standards, as well as how the rearrangement might adversely affect others'
ability to add on to their property.
Turgeon moved, Anderson seconded, Approval of a Simple Subdivision/Combination-Lot Line
Rearrangement for Herbert Margolis, 28045 Boulder Bridge Drive. Motion passed 5/0.
6. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
7. DRAFT NEXT MEETING AGENDA
There will be two meetings of the Planning Commission in August-the 1st, and 15th. The August 1,
2000, meeting includes three items and a prioritization of the "To Do" List.
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Planning Commission Meeting
July 18, 2000 - Page 6 of 6
8. REPORTS
Commissioner Turgeon stated the Fireman's Fundraising Dance would be held on Friday, July 21,2000, in
Excelsior. Also, a Joint Meeting between the Councils of Tonka Bay and Shorewood has been scheduled
for July 25,2000. The Lake Minnetonka Conservation District plans to meet on July 26,2000, to discuss
the Shorewood Yacht Club matter as well as other issues.
Chair Bailey will be the Council Liaison for the August 14, 2000, Regular City Council Meeting, and
Commissioner Turgeon will be Council Liaison for the August 28, 2000, Regular City Council Meeting.
9. ADJOURNMENT
Rosenberger moved, Woodruff seconded, adjourning the July 18, 2000, Planning Commission
Meeting at 9:25 P.M. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Sally Keefe,
Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 1 AUGUST 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:03 P.M.
Roll Call
Present:
Chair Bailey; Commissioners Boehm, Rosenberger, Turgeon, and Woodruff; Planning
Director Nielsen; and Council Liaison Lizee
Absent:
Commissioner Anderson
APPROVAL OF MINUTES
Turgeon moved, Woodruff seconded, approving the July 18, 2000, Planning Commission Minutes as
presented. Motion passed 4/0/2, with Boehm and Callies abstaining due to absence at that meeting.
1.
7:00 P.M.PUBLIC HEARING - REZONING FROM R-2A TO R-C
Applicant: David Mueller
Location: ~075 State Highway 7
Chair Bailey reviewed procedures utilized in the public hearing process noting cases heard this evening
would appear before the City Council on August 28,2000.
Director Nielsen provided background on this matter. A former owner purchased the vacant lot to the south
of the office building as a resolution to a previous parking problem and legally combined it with this office
site. The former owner never obtained the R-C zoning before combining the lots and the lot is now part of
two zoning districts. The R-C zoning district was originally designed as a transitional district between
lower density residential and higher intensity uses such as commercial or highways.
Director Nielsen also stated support from the neighbors is to be noted to Mr. Mueller's credit, as there had
previously been skepticism concerning commercial use of this site. Two letters were presented to the
Commission this evening regarding concerns from neighbor's living directly across from the property.
Mr. David Mueller, owner of the Control House Investments property, was in attendance and stated his
intentions to enhance the property through rezoning and further landscaping. He stated his efforts to be a
"good neighbor" to the people in the area, noting the people across the street are building on their property,
and he had allowed them to store construction materials and to park worker's automobiles on the unused
portion of his property.
Chair Bailey opened and closed the Public Hearing at 7:13 P.M. as there was no one present wishing to
speak to the Commission regarding this matter.
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PLANNING COMMISSION MINUlES
AUGUST 1, 2000 - PAGE 2
Commissioner Callies stated her concern regarding "spot zoning" as well as requesting clarification about
the uses for the R-C district. Director Nielsen explained R-C uses to be office buildings, nurseries for
plants and trees, or art studios-uses which do not attract a great deal of traffic or require extended hours
of use.
Turgeon moved, Callies seconded, approving the change from the current R2A Zoning district to a
R-C Zoning District for David Mueller, 53075 State Highway 7. Motion passed 6/0.
2. 7:15 P.M. PUBLIC HEARING - VARIANCE FOR SIDE YARD SETBACK
Applicant: Len & Julie Twetan
Location: 26300 Smithtown Road
Director Nielsen provided extensive history and analysis as it related to this property. Of particular note,
the 1883 house on this property exists almost entirely in the setback areas of the property, thus, the
requested additions require setback variances. Specifically, the house lies only 26 feet from the right-of-
way from Grant Lorenz Road and 19 feet from the right-of-way of Smith town Road.
As Director Nielsen explained, there are basically three components to this request. The original request
for variance was for a family room/attached garage space, a covered front porch/upper level balcony space,
and a sunroom addition. The front porch/balcony area would extend the house further into the setback
area. According to the City Zoning Code, houses may be expanded if they are within the setback area of a
property as long as the addition would not increase the nonconformity. In this case, the front
porch/balcony area would do so. Director Nielsen also expressed concern regarding the sunroom addition
noting the possibility of a structural need for expansion and the removal of a stairwell.
Mr. Len Twetan, owner of the property, was in attendance and addressed the Commission. He explained
his willingness to move the family room/attached garage space back approximately two feet thus, placing it
out of the setback area. As a result, the requested variance for this portion of the property was no longer
needed. He further explained there is a very thick wall in the sunroom area currently. Also, the basement
space below the house is small and created from cut fieldstone. The stairwell into this area of the house is
the only full access to that basement and is entered through approximately four feet of doorway, thus there
is a need to retain the stairway in the original home. He would like to enlarge the sunroom to make it more
useable. He also explained his request for the porch/balcony area as wanting to return the roofline to its
previously existing position, as well as wanting to create a small porch that would hold a porch swing and
two chairs. In return for being able to build this porch, he would concede use of his current deck, also in
the setback area, thereby minimizing his request for square footage in the setback area. He stated he was
quite confused by the right-of-way issue pertaining to this property as he believed the City did not own the
right-of-way space on this property, but he was not sure he did either.
Fred Bruning, of Sawhorse Designs, addressed the Commission on Mr. Twetan's behalf as well. Mr.
Bruning explained his belief that removal of the thick wall would require a drop beam of six and one half
feet and would make the sunroom unuseable. He also stated there is evidence of a previous roofline on the
porch and to build the porch would reduce the existing front slab width from seven and one half feet to
four. He also noted that this would bring the porch more into compliance as well as preserve the 1800's
character of the house.
PLANNING COMMISSION MINUTES
AUGUST 1, 2000 - PAGE 3
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Commissioner Turgeon asked if the porch would be of natural wood. Mr. Bruning responded it would be
made entirely of wood-no slab needed-and no rail. It would support a roof that would extend out
approximately four feet from the house.
Commissioner Woodruff confirmed there would be no need for stairs and questioned where the entryway
would be into the house if the additions were approved. Mr. Twetan responded the entryway currently
exists into the dining area, but would be moved to enter into a formal entryway space as part of the family
room addition.
Mr. Bruning also requested the Commission to consider this matter in separate portions so that if the family
room area were to be approved, and the other areas not, that building could still take place. The
Commission concurred.
Chair Bailey opened and closed the Public Hearing at 7:47 P.M. as there was no one present wishing to
address the matter this evening.
Commissioner Rosenberger questioned the right-of-way ownership issue. Director Nielsen responded the
City utilized information found in the survey, noting Mr. Twetan's survey illustrated the existing home and
requested front porch addition to lie within the setback area.
Mr. Bruning noted there was confusion regarding right-of-way ownership in his conversations with the
surveyor, and the surveyor chose to illustrate the worst case scenario for the property.
Director Nielsen explained that the the porch request included approximately 125 square feet, while the
. deck Mr. Twetan was willing to remove would be 150-160 square feet.
In consideration of the family room/garage addition, Commissioner Rosenberger stated his concern about
the request to be twofold. First, the issue of a variance itself troubled him. He stated his belief that a
variance is a test of good use of the property. Secondly, he believed the right-of-way ownership to be a
critical issue needing resolution for this request.
Commissioner Callies stated she agreed with the standard and asked what the current measurements are for
the sunroom. Mr. Bruning responded the sunroom is currently five feet, four inches wide by fourteen feet
long. He noted eight feet is considered to be a standard usable width for rooms.
Commissioner Boehm stated his belief that it seemed reasonable to make the additions of family
room/garage space as well as the sunroom, especially since the sunroom did not further offend the setback
area toward Srnithtown Road. Commissioner Turgeon and Chair Bailey agreed with Commissioner
Boehm. However, Chair Bailey stated he would have a hard time understanding hardship for a front
porchlbalcony.
Commisioner Rosenberger expressed his concern that the Planning Commission not become subjective in
wavering from the standard.
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Turgeon moved, Boehm seconded, approving the Family Room/Garage Addition, as well as the
Sunroom, provided the Additions met the Staff Recommendations and the Family Room/Garage
Addition would be moved back two feet into the buildable area of the lot for Len and Julie Twetan,
26300 Smithtown Road.
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PLANNING COMMISSION MINUTES
AUGUST 1, 2000-PAGE4
Commissioner Callies stated she agreed with the hardship issue that concerned Chair Bailey as there was
room to build on the lot within the conforming space. She also stated she did not believe the Commission
was being subjective and the request made reasonable use of the site.
Commissioner Rosenberger again stated his concern about the Commission being subjective in determining
hardship.
Chair Bailey stated his opposition to the sunroom addition as he did not think it qualified for hardship as
the space could be used with its current dimensions.
Motion passed 4/2, with Bailey and Rosenberger dissenting.
Regarding the Front PorchlBalcony, Commissioner Woodruff stated she liked the old stoop and thought it
to be more practical.
Commissioenr Rosenberger asked about responsibility for determining the right-of-way ownership issue on
this property. Director Nielsen explained the burden of proof to be shouldered by the homeowner.
Commissioner Rosenberger suggested tabling the PorchlBalcony addition until ownership could be
determined on the right-of-way as he was very concerned and stated his belief that perhaps the City should
shoulder some of the responsibility in determining ownership due to its possible use of the right-of-way for
a potential trail.
Commissioner Turgeon stated she noticed the rooflines when she visited the site and believed them to
restore the character of the home. She also suggested the possibility of discussion regarding an amendment
designed to allow the Commission to grant variances on the basis of restoration of historical character for
older homes in the City. She also liked the idea of conceding the use of the deck and thought it to be a good
trade in this case.
Commissioner Callies stated she did not believe the porch to qualify for hardship use.
Chair Bailey stated he was sympathetic to Commissioner Turgeon's issue of not being allowed to respond
to historical character on homes.
Callies moved, Woodruff seconded, tabling the Front Porch/Upper Balcony Addition for one month
for Len and Julie Twetan, 26300 Smithtown Road. Motion passed 6/0.
The Commission noted this matter had been tabled to allow a resolution of the right-of-way ownership
issue by September 5, 2000, and if there was no resolution by that time, the matter would return for
consideration.
3. 7:30 P.M. PUBLIC HEARING fi CONDITIONAL USE PERMIT FOR MANITOU WOODS
P.U.D.
Applicant: Roger Anderson
Location: 5580 County Road 19
Director Nielsen explained that Mr. Anderson had resurrected plans from 1995 for a small twinhome
project on this site. The project was originally approved in 1995, but never recorded. He noted there were
a few changes from the recommendations of the original application. First, the unit lots do comply with
two family dwellings. With regard to utilities, the applicant would now obtain water from the City of
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PLANNING COMMISSION MINU1ES
AUGUST 1, 2000 - PAGE 5
Shorewood, not Tonka Bay. Also, the developer would now agree to pay $1500 per unit for park
dedication fees. The turnaround area still remained an issue and was requested to be enlarged in order for
public safety vehicles to have ample turnaround. He also noted the tree reforestation would be fixed as part
of the parking issue. Director Nielsen also explained this matter is a P.D.D. because of the anticipated
curbcut on County Road 19.
Mr. Anderson was in attendance and addressed the Commission stating his intentions to build twinhomes
on this site. He would like to move trees that would be removed from the front area to the back portion of
the lot in an effort to provide additional screening. After discussion with Mr. John Dennis, owner of the
apartment building adjacent to this property, Mr. Anderson stated he would like to adjust the level of the
driveway, so that stormwater runoff would continue to run down County Road 19, rather than onto his
property. He believed he could remedy the parking issue and noted the units would be a walkout style
priced at approximately $300,000.
Chair Bailey opened the Public Hearing at 8:35 P.M.
Mr. John Dennis, owner of the Shorewood Pond apartments, stated his concern over the current situation of
stormwater runoff on his property and supported Mr. Anderson's efforts to send the water onto County
Road 19.
Chair Bailey closed the Public Hearing at 8:38 P.M.
Callies moved, Rosenberger seconded, approval of the Concept and Development Stage Plan for a
Conditional Use Permit for Manitou Woods P.U.D. for Roger Anderson, 5580 County Road 19.
Motion passed 6/0.
Commissioner Boehm left at 8:45 P.M.
4. MA TTERS FROM THE FLOOR
There were no matters from the floor this evening.
5. DRAFT NEXT MEETING AGENDA
The next Planning Commission meeting is scheduled for August 15,2000. Issues of garbage, right-of-way,
and background information related to a senior housing site selection survey will be discussed.
6. REPORTS
Commissioner Turgeon reported on matters considered and action taken at the July 24, 2000, Regular City
Council Meeting (as detailed in the minutes of that meeting).
Director Nielsen provided a brief update on the Shorewood Yacht Club matter before the Lake Minnetonka
Conservation District.
There is a joint meeting between the City Councils of Shorewood and Tonka Bay on August 7, 2000, at
7:00 P.M. to continue discussion regarding the County Road 19 Intersection Project. The meeting is
tentatively scheduled to take place at the Tonka Bay City Hall.
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PLANNING COMMISSION MINUlES
AUGUST 1, 2000 - PAGE 6
7. ADJOURNMENT
Rosenberger moved, Callies seconded, adjourning the August 1,2000, Planning Commission Meeting
at 9:07 P.M. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Sally Keefe,
Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, AUGUST 15, 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:00 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Boehm, Callies, Turgeon, and Woodruff; Council
Liaison Lizee Engineer Brown; and Planning Director Nielsen;
Absent:
Commissioners Anderson and Rosenberger (Arrival at 7:02 P.M.)
APPROVAL OF MINUTES
Turgeon moved, Boehm seconded, approving the August 1, 2000, Planning Commission
Minutes as amended on Page 3, Paragraph 9, Sentence 3, change "...understanding the
hardship situation for a family room" to read "...understanding the hardship situation for a
front porchlbalcony." Motion passed 5/0.
STUDY SESSION
Director Nielsen explained his request to the Commission to move Items Two and Three to the
top of the Agenda in an effort to allow Engineer Brown to depart in a timely manner.
1. SENIOR HOUSING SITE STUDY (This item was moved to No.3 for discussion.)
1. RIGHT-OF-WAY REGULATIONS
Engineer Brown provided historical knowledge regarding right-of-way ordinances and issues.
He explained a landmark case in which the outcome allowed municipalities to regulate right-of-
way and public utilities.
Commissioner Rosenberger arrived at 7:02 P.M.
This case helped to establish a model for a right-of-way ordinance adopted by the League of
Minnesota Cities, the City Engineers Association, and the Public Utilities Commission, which
Engineer Brown shared with the Commission.
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Planning Commission Meeting Minutes
August 15, 2000
Page 2 of 3
Engineer Brown then reviewed the document with the Commission. Of particular interest to the
Commission, was the area of undergrounding of utilities. It was noted there are three areas
where undergrounding can be requested. These are: when a public works improvement project
takes place, when new development occurs, and finally, in retirement of existing facilities.
Engineer Brown also noted this document seemed to be very defensible in a court of law, as well
as rapidly becoming an industry standard.
Engineer Brown also discussed potential for backfeeding the electrical system when a generator is
wired into the system improperly.
Chair Bailey suggested it might be prudent to consider this information as two potential
ordinances treating the retirement of facilities as a separate issue since it appeared to be more
controversial.
Callies moved, Rosenberger seconded, having Staff prepare a Right-of-Way Ordinance for
review by the City Attorney and Communications Consultant to include provisions of
direct boring, undergrounding of facilities as it related to new development and
reconstruction, and modifications to the rate schedule. Motion passed 6/0.
2. ORGANIZED GARBAGE COLLECTION
Director Nielsen explained there is concern for damage being done to streets during organized
garbage collection. Currently, the City holds thirteen licenses for garbage collectors, but there are
only three vendors. Many of the licenses are established under a variety of company names, but
owned by a single vendor.
Director Nielsen presented a realm of options for discussion on how to handle this matter. The
Commission also discussed a number of areas of concern, such as repair costs for streets, health
and welfare issues, noise and air pollution issues, as well as aesthetic value in having organized
garbage collection.
Discussion then ensued regarding the need and purpose for a survey related to this matter and the
need for feedback from City residents.
Woodruff moved, Turgeon seconded, directing Staff to prepare a newsletter article
describing potential changes in refuse hauling. Motion passed 5/0/1, with Rosenberger
abstaining due to potential conflict of interest.
3. SENIOR HOUSING SITE STUDY
Director Nielsen provided background regarding the need for a study of this nature. The
Commission discussed criteria for evaluation of sites and the consensus of the Commission was to
utilize existing criteria from the previous Senior Housing Site Study of 1995.
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Planning Commission Meeting Minutes
August 15, 2000
Page 2 of 3
Rosenberger moved, Turgeon seconded, Directing Staff to prepare an inventory of sites
using existing criteria for potential building lots for Senior Housing. Motion passed 6/0.
4. REVIEW WORK PROGRAM FOR 2000
Director Nielsen complimented the Commission on the amount of priorities which had already
been completed this year. The Commission planned to discuss the remainder of tasks at the
upcoming meetings through year end.
5. MATTERS FROM THE FLOOR
There were no matters from the floor this evening.
6. DRAFT NEXT MEETING AGENDA
The next meeting of the Planning Commission will be September 5, 2000, and will include three
items. Commissioner Woodruff is slated to be Council Liaison for the month of September, 2000.
7. REPORTS
Commissioner Boehm reported on matters considered and actions taken at the August 14, 2000,
Regular City Council Meeting (as detailed in the minutes of that meeting).
8. ADJOURNMENT
Callies moved, Boehm seconded, adjourning the meeting at 9:35 P.M.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
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.
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 5 SEPTEMBER, 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:02 P.M.
A. Roll Call
Present: Chair Bailey, Commissioners Callies, Anderson, Boehm, Woodruff and
Turgeon; Planning Director Brad Nielsen
Late arrival: Council Liaison Lizee
Absent: Commissioner Rosenberger
B. Review Agenda
Planning Director Nielsen requested the Commission amend the agenda as follows.
Nielsen asked to include a discussion of the setback variance for Len Twetan, 26300
Smithtown Road, which had been tabled at the previous meeting. New information
had arrived and Nielsen requested this topic be added to the agenda as Number 4.
With no objection, Bailey did so.
APPROVAL OF MINUTES
Callies moved, W oodrufT seconded to approve the minutes as submitted. Anderson
abstained. Motion passed 5/0/1.
1. 7:00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT AND
VARIANCE
Applicant:
Location:
South Tonka Baseball
Freeman Park (Babe Ruth Field)
Chair Bailey reviewed procedures utilized in a public hearing.
Director Nielsen gave a brief overview of South Tonka Baseball's request for a variance
and conditional use permit on Freeman Park Field #2 to build dugout structures. These
structures already exist on field #3 and the proposed dugouts would be built along the 1 st
and 3rd baselines of field #2. Nielsen went on to explain that conditional use permits are
required for structures that are built within the parks. Since these small tin and wood
lean-to dugouts qualify as structures they require the permit. Second, City ordinance
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PLANNING COMMISSION MINUTES
SEPTEMBER 5, 2000 - PAGE 2
requires park property buildings have a side yard setback twice those of regular zoning -
R 1 C Zoning District requires a 10 foot side yard setback, thus, the field should provide a
20 foot side yard setback. Nielsen cited several peculiarities to this field. First, the site
itself has an odd configuration. The city has even looked into the possibility of rotating
the field, which was eventually thrown out due to the proximity to the senior housing
development. Second, the dugouts themselves are merely small lean-to metal and post
structures which should not obscure neighbors views. Nielsen then invited South Tonka
Baseball to speak.
Brian Tische, 6240 Cypress Drive, Excelsior, President of South Tonka Baseball,
explained that approximately one year ago they received approval from the City Council
to build dugouts as part of a plan they had at Freeman Park. They have made several
improvements to fields #1 and #2 and now have the funds available to build dugouts on
#2. First, they considered building dugouts similar to those on field #3, however, these
would obscure spectators views. They have now proposed putting up a wooden structure
with an insulated tin roof. The back and sides would be open with a removable mesh
backing. The third base side of field #2 is where they need approval since it currently lies
on the property line.
Chair Bailey opened the Public Hearing at 7:25 P.M.
Jan Caugan, 26050 Shorewood Oaks Drive, expressed concern over the trespassing that
occurs on their property. Backing up to the field, she is totally against this structure
being built outside the fence against their property line. Director Nielsen assured the
woman that the dugout would only be inside the fence line. The fence itself becomes the
back wall. Mrs.Caugan then had no objection once she understood where the dugout was
to be built.
Chair Bailey closed the Public Hearing at 7:30 P.M.with no others wishing to address the
Issue.
Callies questioned whether other variances existed and if the field could be rotated. She
wondered what was between the park and senior housing development.
Nielsen explained that even after the road changes to a footpath, the size of the field still
would not change much. Access of emergency vehicles will still be necessary. More
discussion ensued on the possibility of rotating the field.
Boehm asked what the need or "hardship" for the dugout was.
Tische identified safety factors such as fly balls; the ability to keep people out of the
team's way and the need to protect the children from the elements.
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PLANNING COMMISSION MINUTES
SEPTEMBER 5, 2000 - PAGE 3
Turgeon contended that this field has always been an issue and the more you add to it the
harder it will be to change. She questioned why the park system could not be worked
differently, either by rotating or moving the field. Perhaps, if asked, the Park Commission
could identify a long-range parks and fields plan.
Tische reiterated that the Park Commission and City Council had approved these plans
two years earlier and that South Tonka Baseball merely needed the Planning
Commission's approval on the structure and the variance needed to build the dugouts.
Nielsen relayed to the Commission that when the City Council and Park Commission
approved this improvement they did not realize that a variance was needed but were fine
with the structure falling within the property line.
Council Liaison Lizee arrived at 7:38 P.M.
Anderson moved to approve the conditional use permit and variance, Boehm
seconded. Motion failed 1/6 with all dissenting but Boehm.
Anderson amended that we approve the conditional use permit for the other three
dugouts. Boehm seconded, motion passed 5/1, with Woodruff dissenting.
2. 7:15 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT FOR
SPECIAL HOME OCCUPATION.
Applicant:
Location:
Michael and Cynthia Marr
6015 Chaska Road
Director Nielsen identified the two types of conditional use permits for home occupation
- limited and special. Based on the possibility of more than one client at any given time
frequenting the dog grooming business of Cynthia Marr the Special Home Occupation
permit is required.
With this in mind, Nielsen went on to share three letters sent in by the Marrs neighbors in
support of their home business. A business they have run in their home for
approximately 18 years without any complaints, and one that complies with all city and
state regulations.
Marr came to the city herself to ask for this permit after noticing recent ordinance
changes. Nielsen recommended approval of the conditional use permit.
Cynthia Marr, 6015 Chaska Road, shared her philosophy with the Commission. A
philosophy in which she schedules customers consecutively to avoid conflicts with one
another and limits her business to about 4 dogs per day.
The Commission urged her to identify her base hours of operation. She replied that she
could limit the hours easily to between 7 A.M. and 9 P.M.
.
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PLANNING COMMISSION MINUTES
SEPTEMBER 5, 2000 - PAGE 4
Chair Bailey opened and closed the Public Hearing at 7:45 P.M as there was no one
present to address the issue before the Planning Commission.
Callies moved, Anderson seconded approving the conditional special use permit.
Anderson amended the motion to include hours of operation from 7 A.M. to 9 P.M.
Motion passed 6/0.
3. 7:30 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT FOR FILL IN
EXCESS OF 100 CUBIC YARDS.
Applicant:
Location:
David Sauer
5965 Galpin Lake Road
Nielsen explained that Mr.Sauer wants to build a new driveway to accompany his home. The
home will be situated in the middle of his property due to an existing sanitary sewer
easement on the property and be built next year. To do this, Sauer will need to fill
approximately 1800 cubic yards in the southwest comer of his lot.
Based on Engineer Browns report, Nielsen explained that the change in elevation on this
property is about 30 feet and the section to be filled is approximately 60 x 150 feet and may
run as deep as 8 feet in parts.
The zoning aspect of this indicates that the house does comply with the RlC and shore land
zoning district ordinances. The amount of the impervious surface proposed is under the 25%
maximum - about 16%. The driveway grade shows a 10% grade with a 2% landing spot at
the top. As far as the grading, drainage, and erosion control, Nielsen shared the erosion
control plan along the north and south sides of the property. He went on to clarify, that again,
the side slopes do not exceed the 3 to 1 ratio of disturbed slopes.
The issues of landscaping and tree preservation will be addressed by removing mostly just
brush and preserving/avoiding existing trees either by building a retaining wall or filling only
up near them.
Based on these things, Nielsen recommended the conditional use permit be granted, however,
staff does suggest the driveway not be surfaced until the building permit is applied for.
Chair Bailey asked Mr. Sauer if he would like to add anything. He declined.
Chair Bailey opened the Public Hearing for comment at 7:55 P.M.
Steve Williams, 5985 Galpin Lake Road, felt the fill project should be approved, however, he
was concerned over what his sloped side view would be.
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PLANNING COMMISSION MINUTES
SEPTEMBER 5, 2000 - PAGE 5
Sauer replied that his plan involved as little grass ground cover as possible, and included
mostly naturalized areas.
Chair Bailey closed the Public Hearing at 8: 10 P.M.
Chair Bailey and the Commissioners shared concerns over drainage, the type of fill to be
used and the amount of truck traffic it will generate.
Nielsen reiterated the figures for erosion control, and that they do comply, and encouraged
approval of the permit.
Anderson moved to approve the request as submitted by staff on the condition that the
type of fill be approved by the City Engineer with the accompanying erosion control
plan. Boehm seconded. Anderson added that the city reserve the right to review the
hours of operation if complaints from neighbors ensue during the fill process. Boehm
seconded, motion passed 6/0.
4. CONDITIONAL USE PERMIT AND VARIANCE FOR DECK ADDITION
Applicant:
Location:
Len Twetan
26300 Smithtown Road
Nielsen reviewed the status of the existing house, as it stands it does not conform to current
setback requirements, however, that is not the area of the house being considered for the
addition.
Since the last meeting, Council has approved the family room and garage addition on the
back. Also, a title opinion has surfaced regarding the 33-foot space between Mr. Twetan's
property and the comer. As it stands now, this right of way area, is owned by the estate of
the original 1915 owners. If this is true, and verified by the city attorney, Mr. Twetan's lot is
no longer a comer lot. It is, instead, an interior lot only requiring a setback of 10 feet, not 50.
Mr. Twetan then offered the opportunity of trading the nonconforming side deck for the new
smaller front porch in order to restore the character of the house. From his research, Mr.
Twetan identified the Mann family as the original 1915 owners.
Turgeon and others saw no problem with the swap.
Callies motioned to approve the variance for the front deck and balcony on the
condition they remove the nonconforming side deck. Turgeon seconded, motion passed
6/0.
,
PLANNING COMMISSION MINUTES
SEPTEMBER 5, 2000 - PAGE 6
.
5.
MATTERS FROM THE FLOOR
There were none.
6. DRAFT NEXT MEETING AGENDA
There will be a Study Session with the Council on the 19th of September at 6:30 P.M. to
discuss ordinance amendments and other issues. Lizee suggested they address historical
use concerns and variances based on the type of properties we saw this evening.
Bailey saw the need to cover accessory space; historical and nonconforming properties;
and getting input from the Council over the ongoing site study for senior housing.
It was agreed that it may be useful to get a sense of how far they want to take the site
study.
7. REPORTS
Boehm reported on the past Council Meeting in which the rezoning on the office building
and resolution for Manitou Woods took place. There was also a lengthy discussion over
expanding patrol for Lake Minnetonka. A request for more data followed.
.
Nielsen reported on the status of the intersection. The indication Council received from
the two liquor committees was that Tonka Bay wants to stay in the liquor store business
with Shorewood. Tonka Bay also wants to go ahead with plans for the intersection but
want an appraisal of the property and an audit of the operation performed first.
Woodruff had no report from LCEC. Their new Council liaison will be Mayor Love.
Woodruff will be the Council Liaison for the next Regular City Council Meeting.
8. ADJOURNMENT
Anderson moved, Callies seconded to adjourn. Motion passed 6/0.
The meeting adjourned at 8:54 P.M.
RESPECTFULLY SUBMITTED,
Kristi B. Anderson
RECORDING SECRETARY
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CITY OF SHOREWOOD
JOINT PLANNING COMMJCITY COUNCIL MEETING
TUESDAY, SEPTEMBER 19,2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
The Commission toured the Shorewood Yacht Club, as described m Item 1 of the Agenda, from
approximately 7:00 -7:50 P.M. this evening.
CALL TO ORDER
Chair Bailey called the meeting to order at 8:00 P.M.
ROLL CALL
Present: Chair Bailey; Commissioners Anderson, Callies, Turgeon, and Woodruff; Council
Liaison Lizee; and Planning Director Nielsen;
Absent: Commissioners Boehm and Rosenberger; Councilmember Stover
Also present: Mayor Love; Councilmembers Garfunkel and Zerby
APPROVAL OF MINUTES
Woodruff moved, Anderson seconded, tabling the September 5, 2000, Planning Commission
Minutes as pages were missing in the copies distributed to the Commission. Motion passed 5/0.
STUDY SESSION
1. TOUR SHOREWOOD YACHT CLUB PROPERTY
At 7:00 P.M. this evening, the Planning Commission and members of the City Council-with the
exceptions of Mayor Love, Councilmember Stover, Commissioners Boehm and Rosenberger, attended a
tour ofthe Shorewood Yacht Club given by Mr. and Mrs. John Cross. Mr. Cross submitted a request for
rezoning a parcel of land under his ownership and wanted Council and Commission to be aware of
possible changes to his business with this request. Commission noted concerns related to boat storage
capacity and parking.
2. DISCUSSION ON ZONING CODE AMMENDMENTS
Mayor Love thanked Chair Bailey and the Commission for working with Council in this Study Session.
He stated he was grateful for the opportunity to work together to better understand the goals of the
zoning code amendments and how best to work toward these goals.
A. SENIOR HOUSING DENSITY
Chair Bailey briefly reviewed the discussion the Planning Commission had related to this matter. He also
noted the numbers utilized in reducing the density requirements of the Zoning Code were related to
matters of practicality and nothing more. The Commission sited a number of locations throughout the
City where a higher density would not be feasible due to limitations in space utilized by the kind of
housing built on the sites, rather than the recommendations in the current Zoning Code.
.
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PLANNING COMMISSION MINUTES
SEPTEMBER 19,2000 - PAGE 2
Commissioner Callies questioned the reason for reviewing only the density involved in senior housing
aspects of the Zoning Code. She believed the densities being discussed were appropriate for other zoning
districts as well.
Councilmember Zerby asked if comparables had been completed in other cities. Director Nielsen
explained the cities of Lino Lakes, Roseville, Champlin, and others had been contacted, and the
recommendation of six units per acre had been utilized in those cities as well.
Mayor Love commented the issue of affordability in senior housing was a concern expressed by Council
in previous discussions. He also explained the price of these homes to be market driven, and creating
higher densities, which may lower the land costs, would not effectively reduce the price. Council agreed.
B. ACCESSORY SPACE REGULATIONS
Director Nielsen provided background related to the zoning Code, noting that historically, the Code used
the definition of approximately 1,000 square feet as the equivalent for a three car garage. Over time, as
the needs of City residents changed resulting in numerous variance requests, this number was increased
to approximately 1,200 square feet, or the equivalent of a five car garage, and now existed as an
ordinance in the Zoning Code. He also noted, however, it still remained the most frequent zoning
request.
Chair Bailey explained to Council the thinking behind the recommendation to amend the Zoning Code in
this area, noting it seemed to provide the City with an opportunity to deal with certain non-conforming
structures.
Mayor Love questioned the desired goal in changing the amendment. Director Nielsen explained the
purpose to be dealing with accessory space effectively and correcting non-conforming structures when an
opportunity is presented to bring them into conformance.
Councilmember Garfunkel stated his concern to be an anticipated loss of flexibility in dealing with
unique aspects of home sites in the City.
Director Nielsen explained the Commission's concern over having to make subjective and arbitrary
decisions without having the amended change.
Chair Bailey explained that the Commission viewed this as an attempt to parallel the wording in the
Zoning Code that deals with demolition of a home and at the same time, provide the City with the
opportunity to bring certain neighborhood structures into compliance.
Commissioner Turgeon commented residents will have a choice to either get rid of the non-conformity or
bring it into compliance. The ordinance would not be making that choice for them, just simply stating
the choice existed for them. She also commented the change in the ordinance would help to allow the
Commission to have more latitude in dealing with landscaping issues in setback areas.
Councilmember Zerby noted his understanding of tonight's discussion to be a need for equity between
"teardown" projects and remodeling projects as far as the ordinance was concerned. He noted he could
agree with these general goals. Mayor Love and Councilmember Lizee also agreed.
PLANNING COMMISSION MINUTES
SEPTEMBER 19,2000 - PAGE 3
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3.
ORGANIZED GARBAGE COLLECTION
Mayor Love commented his concerns in this area to be related to the current treatment of City streets
when heavily used by garbage haulers, and matters of aesthetics.
Commissioner Turgeon explained there seemed to be a perception by the public that there are many small
garbage haulers, when in fact, there are only about three companies operating under various names.
Director Nielsen explained there seem to be a number of issues related to this topic, and there seemed to
be a question whether the City needed to be involved in this area. Also, there is residential concern for
keeping the "small guy" in business and maintaining a level of service which City residents are
accustomed to receiving. He noted the Commission had discussed utilizing a survey method to obtain
information on these issues from City residents.
Councilmember Garfunkel questioned whether it was possible to quantify an amount of money that was
necessitated for street repair due to the heavy use by garbage haulers.
Chair Bailey noted that it would make sense to obtain the economics of the situation by reviewing the
current situation versus the options of utilizing an organized garbage collection system. Then, residents
could be presented with accurate information and a reaction could be obtained from residents at that
time.
Commissioner Turgeon also suggested the garbage haulers be contacted directly to determine current
service choices and levels of service being offered to residents. Commission and Council agreed these
. ideas made sense and would be investigated.
4. MATTERS FROM THE FLOOR
There were no matters from the floor this evening.
5. DRAFT NEXT MEETING AGENDA
Director Nielsen noted there would be three items on the next Planning Commission Agenda for the
meeting on October 3, 2000. Commissioner Woodruff agreed to attend the Council meeting on
September 25,2000, as Council Liaison.
6. REPORTS
Director Nielsen reported that negotiations will be starting soon regarding the acquisition of the Gideon
Glen property.
7. ADJOURNMENT
Anderson moved, Turgeon seconded, adjourning the meeting at 9:30 P.M.
RESPECTFULLY SUBMITTED,
.
Sally Keefe,
Recording Secretary
.
.
.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, OCTOBER 3,2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:00 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Anderson, Boehm, Turgeon, and Woodruff; Council
Liaison Lizee, and Planning Director Nielsen;
Absent:
Commissioners Callies and Rosenberger; Engineer Brown
APPROVAL OF MINUTES
Chair Bailey noted there were two sets of minutes for approval this evening.
Turgeon moved, Anderson seconded, approving the September 5, 2000, Planning Commission
Minutes as amended on Page 5, Item 5, change "Applicant: Len Tweton" to read "Applicant: Len
Twetan" and change "Tweton" to "Twetan" throughout this item. Motion passed 5/0
Turgeon moved, Anderson seconded, approving the September 19, 2000, Planning Commission
Minutes as presented. Motion passed 4/0/1, with Boehm abstaining due to absence at that meeting.
1. 7:00 P.M. PUBLIC HEARING: CONDITIONAL USE PERMIT
ADDlicant: Mark and Sharon Johnson
Location: 26060 Wild Rose Lane
Chair Bailey reviewed the procedures utilized in a public hearing. He noted Items approved this evening
would appear on the October 23, 2000, Regular City Council Meeting Agenda.
Director Nielsen explained Mr. Johnson was requesting approximately 250 yards of fill to construct a
driveway for a house to be built on this site. Director Nielsen explained the site to be challenging at best,
noting there was a twenty-four foot drop in topography from east to west on the site, and there were
significant issues related to drainage. In spite of the fact that the applicant was proposing to cut into the
slope on the easterly half of the lot, there was not sufficient fill for the driveway.
Director Nielsen reviewed his recommendations noting the applicant's plan meets City Code
requirements and restrictions. There was significant concern related to the proposed ten percent grade of
the driveway. A suggestion had been made to the applicant to raise the level of the home and driveway by
one foot, thus, allowing issues of drainage to be eased by creating a culvert beneath the drive and
effectively lowering the slope in the driveway. He also noted that erosion control measures needed to be
included in the grading plan as well as showing how water would be conducted around the home.
Finally, he recommended a tree preservation plan completed as part of the building permit process be
signed by a registered landscape architect as there were concerns related to plantings near and upon the
proposed retaining walls.
PLANNING COMMISSION MINUTES
OCTOBER 3, 2000 - PAGE 2 of 8
.
Director Nielsen reviewed the recommendations of the City Engineer as well. As stated previously, there
existed significant concerns related to grading and drainage. Most significantly, there are concerns for
the location of the house and driveway as it related to the surrounding drainage patterns on the site. It
did not appear there was adequate room between the east side of the house and the easterly property line
to construct a drainage swale as could be necessary. Due to these drainage issues and other unresolved
issues that could potentially provide substantial damage to the proposed structure if not addressed, the
City Engineer had requested this item be tabled until these issues were remedied.
The Public Hearing was opened at 7:17 P.M.
Mr. Mark Johnson, 26060 Wild Rose Lane, addressed the Commission and reminded them he was
appearing before them to request a Conditional Use Permit for Excess Fill. He noted the other issues of
concern would be handled through the normal course of the building permit process.
The Public Hearing was closed at 7:18 P.M.
Commissioner Turgeon questioned Director Nielsen what alternatives could be utilized if there was not
room on the property to provide a necessary drainage swale. He responded a "French Drain" could
possibly be used in that space.
.
Anderson moved, Woodruff seconded, recommending approval of the Conditional Use Permit for
Fill in Excess of 100 Cubic Yards for Mark and Sharon Johnson, 26060 Wild Rose Lane, subject to
review and approval by the City Planner and City Engineer as outlined in Memorandums
referencing File No. 405(00.26) , and P.I.D. No. 32-117-23-12-0010 respectively. Motion passed 4/1,
with Turgeon dissenting.
*For future reference, please note there are two Planning Commission memorandums on file at City
Hall. One is a memorandum form Brad Nielsen, dated September 1, 2000-referencing File No.
405(00.26). The second memorandum is from Larry Brown, dated October1, 200D-referencing P.I.D.
No. 32-117-23-12-0010. Both these memorandums provide detailed analysis and explanation in
response to Commission's concerns.
2. 7:15 P.M. PUBLIC HEARING ii CONDITIONAL USE PERMIT FOR ACCESSORY
SPACE IN EXCESS OF 1200 SOUARE FEET
Applicant: Steve and Jean Polston
Location: 28215 Boulder Circle
Director Nielsen explained the history of this request. Mr. Steve Polston applied for a CUP to build a
detached, single-story garage near the center of his property. His property currently had accessory
structures totaling 573 square feet of accessory space. He proposed building a new attached garage
having 1,140 square feet of area, bringing the total area of accessory structures on the site to 1,713 square
feet.
.
The structure complies with City Code restrictions and recommendations, with one exception-existing
hardcover on the property was approximately thirty-four percent. This was due to the use of plastic in
landscape beds. Director Nielsen also stated the applicant owns a separate vacant parcel of land to the
east of his. property and is willing to legally combine this unbuildable parcel with his homestead property
to increase site size. A suggestion was made to perforate the existing landscape cover to allow drainage
through the plastic. Making use of these two suggestions, the end result would be approximately twenty-
five percent hardcover and would then comply with Shoreland Management requirements.
PLANNING COMMISSION MINUTES
OCTOBER 3,2000 - PAGE 3 of 8
. The public hearing was opened at 7:35 P.M.
Mrs. Jeannie Polston, 28215 Boulder Circle was in attendance and addressed the Commission to explain
there was a title search in progress related to the unbuildable parcel to be combined. Barring any
contrary findings, she did not anticipate any problems with these suggestions.
Mr. Darrell Carver, 27910 Smithtown Road, asked Mrs. Polston if there were to be trees planted around
the new garage. She responded the area around the garage is quite wooded, and while no new additional
trees were to be planted on the south side of the garage, she did not believe Mr. Carver would be able to
see the new garage.
The public hearing was closed at 7:40 P.M.
Commissioner Woodruff questioned whether there was a plan to plant trees to screen the garage from the
east. Mrs. Polston stated they were planning to plant a few evergreen trees on that side of the garage in
an effort to provide screening.
Anderson moved, Woodruff seconded, recommending approval of a Conditional Use Permit for
Accessory Space in Excess of 1200 Square Feet, for Steve and Jeannie Polston, 28215 Boulder
Circle, subject to the applicant providing a laudscape plan showing where trees would be planted
for screening. Motion passed 5/0.
3. 7:30 P.M. PUBLIC HEARING
.
. COMPREHENSIVE PLAN AMENDMENT
. REZONING FROM R-IA TO L-R
. CONDITIONAL USE PERMIT
. VARIANCE
Applicant:
Location:
Minnetonka Moorings
600 West Lake Street
*For future reference, please note there is a Planning Commission memorandum on file at City Hall
from Brad Nielsen, dated September 27, 2000-referencing File No. 405(00.27). This memorandum
explains, in significant detail, the history and analysis surrounding these requests.
Director Nielsen provided a detailed explanation of the issues involved in these requests. He explained
John and Judy Cross, representing Minnetonka Moorings and working through the Shorewood Yacht
Club facility, had submitted an application for rezoning of their property. In doing so, a Conditional Use
Permit, Variance, and an amendment to the Shorewood Comprehensive Plan were necessitated. Involved
in this property and further complicating matters was the recent acquisition of a parcel of land
immediately west of the Yacht Club where Mr. and Mrs. Cross were proposing additional dockage in an
effort to expand their business. In reviewing this matter, Director Nielsen provided information as it
pertained to the existing site and then regarding the expansion site. Some issues pertain to both sites.
.
First, Director Nielsen explained that any rezoning must be guided by the Comprehensive Plan set forth
by the City. When amended last, efforts were made to pave the way, should an opportunity arise, to
bring the marinas into compliance with the Lakeshore Recreational (L-R) zoning district. In considering
the L-R District Requirements, there are Permitted Uses, Accessory Uses, and Conditional Uses relating
to Single-Family Dwellings, Open and Outdoor Dry Land Storage of Boats and Trailers, Lot
Requirements and Setbacks, Building Requirements, and Special and Specific Conditions. Following is a
brief summary of the comparison between the subject property and these requirements as detailed by
.
.
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PLANNING COMMISSION MINUTES
OCTOBER 3, 2000 - PAGE 4 of 8
Director Nielsen. A more significantly detailed discussion of these issues can be found in the Planning
Commission referendum referenced at the beginning of this Item.
The permitted use in the L-R district was subject to annual licensing procedure and had as its only use
the water-harboring of boats. Specifically, the L-R district stated the water-harboring of boats in
Gideon's Bay must be limited to sailing boats.
The L-R District had off-street parking, a clubhouse building, a storage building, gas dispensing
equipment and boat rental as allowable uses for this area. The Shorewood Yacht Club had all of these.
The storage building on the site was to be removed, however, its proposed use as a dumpster enclosure
was deemed more useful, as a roof over the area would help to conceal it from the Hennepin County
Regional Railroad Authority trail which bisects the property.
With regard to the single family dwelling on the property as part of its Conditional Uses, all setback
requirements were observed, however, it would need to comply with the Shorewood Rental Housing
Code and would need to be inspected for conformance.
While there were many issues to be examined regarding Open and Outdoor Dry Land Storage of Boats
and Trailers, the most significant matter seemed to be a need for a detailed landscaping plan for the area
demonstrating a plan for screening of evergreen trees between the parking lot and shoreline, along the
South edge of the property facing County Road 19, as well as maintaining existing vegetation abutting
the Right-of-Way near the H.C.R.R.A trail.
Director Nielsen complimented the Yacht Club on their lighting noting it was very well done for its use
as well as being sensitive in its impact on the neighbors.
There was concern for the boat storage on the site, noting that if all parking sites would be utilized and
boats stored on the site as well, the need would exceed supply. An alternative parking/storage area was
proposed in the vacant southwest comer of the site abutting County Road 19. Parking was considered an
area to monitor and adjust as needed.
The most significant concern overall seemed to be the proximity of parking and storage so close to the
shoreline. While enhanced landscaping would help to mitigate potential problems, it was recommended
that the parking areas near the lake be examined by many agencies in an effort to address issues of
drainage directly into the lake from this site.
With regard to Signage found in the Special and Specific Conditions portion of the L-R District Zoning
Code, the Shorewood Yacht Club had three signs while the requirements stated that only two signs would
be allowed.
At this point, Director Nielsen explored the background related to the expansion site and requests made
regarding this portion of land as it related to the Shorewood Yacht Club. He noted three additional docks
existed on this site primarily for the use of certain residents on Timber Lane.
The applicants would like to add a fourth dock to the existing system, providing thirty-five additional
slips. One of the docks would be maintained as a slip for a property owner at 5585 Timber Lane. The
easternmost of the three docks would be for one of their management boats utilized in assisting
customers in need of help.
PLANNING COMMISSION MINUTES
OCTOBER 3, 2000 - PAGE 5 of 8
.
When considering issues involved in the expansion site, Director Nielsen explained, it would be
important to consider issues of Parking and Access, as well as Boat Traffic and Existing Dock Rights.
Parking and Access on the expansion site was recommended to include emergency vehicles only. With
the exception of a proposed boat canopy used to protect the Sailing School students from the elements
and a sailboat storage rack, the site should remain in a natural undeveloped state.
Boat traffic was believed to increase by approximately forty percent as a result of the proposed plans for
this site, however, no dredging of the lake bottom would be required to accommodate the additional slips.
Existing Dock Rights should be maintained for the exclusive use of the residents of 5585 Timber Lane
only as part of consideration of the expansion site.
Director Nielsen summarized his comments noting he believed the plans to be well done and addressed
many issues identified in the past. He stated there would be many improvements to the property and the
expansion and rezoning would allow the City to gain more control over the property. He also noted a list
of names had been submitted to the City noting no opposition to the proposed plans for this site.
John and Judy Cross were in attendance and seized the opportunity to address the Commission. Mr.
Cross noted he had few disagreements to the recommendations Director Nielsen had reviewed. He also
noted there was no current need for the overflow parking/storage area, but did not want this to be an issue
at the time it would be needed in the future.
.
Mrs. Cross addressed the issue of the third sign facing the lake. She stated she considered it more of a
"landscape embellishment" as it was made of rope and occupied a flower bed. She stated the members
liked it, and it could only be seen from the lake, however, it was not needed. She also stated the
neighbors that can see the property have no objection to it being there.
Mr. Cross also expressed disappointment in the necessary delay for formal approval of the
Comprehensive Plan Amendment. Mrs. Cross noted there are forty-one people on a waiting list for the
proposed slips, and they were hoping to have the dockage ready next spring. The timeframe that would
occur as part of the formal approval process would not allow that to happen.
Chair Bailey opened the Public Hearing at 8:40 P.M.
Dwayne V., 5585 Timber Lane, stated his concern regarding the noise coming from the hollow booms on
the sailboats, and a concern over the potential overflow lot on the southwesterly corner of the property.
He stated he had lived at his address for twenty-eight years and knew the locale of the proposed driveway
onto County Road 19. He voiced concern for safety in that area should the overflow lot be needed.
James Hancock, 23800 Lawtonka Drive, stated he was very much in favor of these requests as he
believed it to be a more favorable use of property.
Steve and Nancy Linder, 23730 Lawtonka Drive, were in attendance. Mr. Linder addressed the
Commission with his request to reconsider dockage for the Gideon Cove residents. He state it was his
prior knowledge that additional docks had been denied in that area as a general rule, and he was surprised
to see this request coming forward for approval.
.
J oann Schaub, 5465 Timber Lane, was very concerned for traffic utilizing the proposed overflow parking
area. She questioned Mrs. Cross as to whether emergency vehicles were currently utilizing that area.
Mrs. Cross responded the police may be monitoring that area, but she was not sure. Mrs. Schaub
commented she had seen vehicles removing the chain and driving in on previous occasions.
PLANNING COMMISSION MINUTES
OCTOBER 3, 2000 - PAGE 6 of 8
.
Julie Ingelman, 23720 Lawtonka Drive, stated her concerns over the timing of this issue, and the Gideon
Cove request for additional dockage being denied. She also noted parking seemed to be quite crowded
on the Yacht Club property, and she would like to see the mess along the H.C.R.R.A. trail cleaned up as
she utilized the trail daily
Dan Puzak, 23830 Smithtown Road, expressed concern over the lakeshore and lake bottom. He stated
this area previously served as a drainage area for the Excelsior Sanitary Sewer Treatment facility and it
was his belief that it was one of the most polluted areas of lake bottom in that area. He stated he would
like to see a viable business run in that area with clean-up of the lake bottom. He did not support these
requests due to the muck on the lake bottom potentially being disturbed. He also had concerns for traffic
on Lawtonka Drive. He believed if it was not fenced off, it would create an eyesore in that area.
Donna Delaney, 23760 Lawtonka Drive, stated her support for the improvements to the existing marina
site. She noted she did not hear any noise, and the sailboats are a beautiful view. She did, however, have
concerns regarding the proposed drive down Timber Lane. Regarding the muck on the bottom, she
believed Lake Minnetonka to be a large lake, and she did not see the muck on the bottom affecting the
rest of the lake as a whole.
Judy Cross again spoke to address concerns regarding the proposed driveway entrance. She stated there
is a process in place used for pick-up and drop-off of students for the sailing school. She did not want
the additional responsibility of dealing with students being dropped off in the proposed driveway
entrance area. The current process would continue to be enforced regarding the students being
transported to the sailing school.
. John Cross also stated that by removing the middle dock of the three on the expansion site, the area
would be left in a more natural state.
Chair Bailey closed the Public Hearing at 9:04 P.M.
Commissioner Anderson stated his two concerns to be related to storage and screening of the boats, and
the close proximity of the parking to the lake. Also, he believed access to Timber Lane should be
controlled.
Commissioner Turgeon commented she had concerns related to proposed versus actual numbers of
parking spaces on the site. Also, she did not want to see another driveway placed onto County Road 19
in that area. Furthermore, she believed sensitivity should be used when considering implications from
the muck on the bottom of the lake. She stated she would like to approach appropriate agencies and
authorities to find out what is on the lake bottom in this area.
Commissioner Woodruff echoed Commissioner Turgeon's comments regarding the environmental
impacts in and around this area. Commissioner Boehm also supported concerns regarding environmental
impacts on this site. He also expressed concern for the parking situation and proposed overflow area.
Chair Bailey reminded the Planning Commission of the efforts put into the Comprehensive Plan. He
believed these plans to be a positive step forward, and he did not want to lose sight of the opportunity to
bring this property in compliance.
.
Much discussion centered on how to allow the applicants to move forward with plans although a formal
Comprehensive Plan amendment could not be approved this evening.
.
.
.
PLANNING COMMISSION MINUTES
OCTOBER 3,2000 - PAGE 7 of 8
Commissioner Anderson commented it seemed as though Mr. Cross had acted in good faith and he
wanted to see the Yacht Club brought into compliance. He noted the approval process can sometimes
appear daunting, and he believed it best to work with the Yacht Club on these matters.
Anderson moved, Boehm seconded, recommending approval of rezoning the parcels in question,
the Conditional Use Permits as presented, and a variance-for John and Judy Cross, representing
Minnetonka Moorings, 600 West Lake Street, subject to final approval of the Comprehensive Plan
Amendment and submittal of a professional Landscape Plan, also a plan for controlling the access
to Timber Lane, and an Engineering Report on the matters of the new proposed parking spaces
and existing parking near the lake to be presented on November 2, 2000, as well as scheduling a
public hearing for a formal Comprehensive Plan Amendment on November 2, 2000.
Commissioner Turgeon stated she believed it would be possible to move forward with these requests.
Commissioner Anderson reiterated that it can be a cumbersome process to move government along, but
he believed the Shorewood Yacht Club to be an asset to the City, and he would like to work with the
Yacht Club to move matters forward.
Motion passed 5/0.
4. RECOMMENDATION REGARDING GIDEON GLEN
Director Nielsen stated the City Council had authorized up to $175,000 for the acquisition of the Gideon
Glen property. The Minnehaha Creek Watershed District had agreed to provide up to $200,000 to help in
the acquisition. Other funding sources were being considered as well in an effort to minimize
expenditures for the property.
He also explained there are a number of purposes for securing this property-one of them being wetland
preservation. He also noted the acquisition of this property would be consistent with the Comprehensive
Plan for the City.
Woodruff moved, Anderson seconded, recommending approval for the purchase of the Gideon
Glen property. Motion passed 5/0.
5. MATTERS FROM THE FLOOR
Mr. Jerry Brekke, Howard's Point Marina, was in attendance and stated it was good to see the Planning
Commission work as a group to resolve tough issues. He state he had remained at this meeting because
he wanted to pay the Planning Commission the compliment of doing a good job.
Chair Bailey thanked him for his fine compliment.
6. DRAFT NEXT MEETING AGENDA
The next meeting for the Planning Commission would be November 21, 2000, and would include two
items as well as a discussion regarding Right-of-Way issues.
7.
REPORTS
Chair Bailey stated he would be the City Council Liaison for the month of October, 2000.
PLANNING COMMISSION MINUTES
OCTOBER 3,2000 - PAGE 8 of 8
. 8. ADJOURNMENT
.
.
Anderson moved, Woodruff seconded, adjourning the meeting at 10:02 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
.
.
.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, NOVEMBER 2, 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:00 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Anderson, Callies, Turgeon, and Woodruff; Council
Liaison Lizee, and Planning Director Nielsen;
Absent:
Commissioners Boehm and Rosenberger; Engineer Brown
APPROVAL OF MINUTES
Chair Bailey briefly reviewed this evening's Agenda and noted the Commission had received the
Planning Commission minutes from October 3, 2000, immediately prior to this meeting and thus, no one
had time to review them.
Turgeon moved, Woodruff seconded, amending the Agenda to move this item to follow Item 4.
Motion passed 5/0.
1. CONTINUATION OF DISCUSSION FROM OCTOBER 3, 2000 PLANNING
COMMISSION MEETING REGARDING SHOREWOOD YACHT CLUB
. COMPREHENSIVE PLAN AMENDMENT
. REZONING FROM R-IA TO L-R
. CONDITIONAL USE PERMIT
. VARIANCE
Applicant:
Location:
Minnetonka Moorings
600 West Lake Street
*For future reference, please note there are two Planning Commission memorandums onfile at City Hall
related to this meeting's discussions. One is a memorandum from Brad Nielson, dated November 1,
2000-referencing File No. 405(00.27). The second memorandum is from Larry Brown, dated November
1, 2000-referencing the Shorewood Yacht Club Proposed Rezoning, Compo Plan Amendment,
Conditional Use Permit, and Variance. Both these memorandums provide detailed analysis and
explanation in response to Commission's concerns as well as being specifically referenced as part of
motions for approval.
Chair Bailey briefly reviewed the process used in a Public Hearing, noting this item, if approved, would
appear on the City Council Agenda for November 13, 2000.
Director Nielsen summarized the history related to this matter. He also reminded the Commission it was
a continuation of a discussion held on October 3, 2000, and changes could still be made in this matter.
He also noted some items of concern had been rectified.
Planning Commission Meeting Minutes-November 2, 2000
Page 2 of 6
.
In review, Director Nielsen explained the Shorewood Yacht Club was comprised of three areas of land.
The main portion of the facility is located north of the Hennepin County Regional Rail Authority Right-
of-Way, also known as the LRT, which bisects the entire property. This portion of the site was bounded
by Lake Minnetonka, Minnetonka Portable Dredging Company, and the trail to the south. A second
portion of the facility, which lies immediately south of the LRT, was mainly comprised of wetland and
boat storage. The applicant had recently acquired an additional parcel of land located immediately west
of the main portion of the facility, north of the LRT, and east of Timber Lane. The acquisition of this
third parcel of land prompted a request to amend the Comprehensive Plan as well as rezoning,
conditional use permits and variance requests for additional dockage and structures on site.
At the October 3, 2000, Planning Commission Meeting, various issues were presented for discussion and
consideration. Director Nielsen reviewed them as the following: additional dockage of thirty-five boat
slips, a seasonal shelter near the Sailing Camp-now requested as permanent, an overflow parking/boat
storage area, addition of an accessory building, and the construction of a small footbridge between the
main facility and the Sailing Camp area. He also noted the L-R district allowed for all proposed
constuction on this site. In addition, he commented the applicant stated, with regard to the overflow
parking area, the parking areas nearest the main facility were rarely filled to capacity and the overflow lot
was to be used only if absolutely necessary. Director Nielsen stated he believed it would be beneficial
for the applicant to leave the overflow portion of the site kept in a natural state as much as possible to
avoid hardcover problems as well as avoiding safety problems with accessing this area from County
Road 19.
.
Director Nielsen also explained he had met with the applicant to suggest locations where additional
landscaping might help to buffer the view of the facility from surrounding neighbors. The Fire Marshall
had examined the site as well and recommended the installation of a solid core steel door on the gasoline
storage shed.
Director Nielsen thanked Commissioner Woodruff for her considerable time and effort spent trying to
obtain information from various public agencies, such as the Lake Minnetonka Conservation District, the
Department of Natural Resources, the Minnehaha Creek Watershed District, and the Pollution Control
Agency, regarding the phosphates perhaps suspended in the bottom of Gideon's Bay. All agencies
contacted did not have any concrete information about potential phosphate problems for this area to share
at this time. However, hydrologists at WSB, Shorewood's Engineering Consultant, stated it was their
understanding that phosphates do attach to silt and will eventually settle out to the bottom of the lake.
However, wave action in shallow areas will continue to suspend the particles until they can settle out in
quieter, deeper waters.
The Army Corp of Engineers was also contacted, and while they do not currently maintain jurisdiction
over dredging permits for Lake Minnetonka, they were able to concur with the findings of the hydrologist
at WSB, noting there are three zones found in the lake related to phosphate particles. The first is an
erosional zone, where particles are subject to the action of the waves. A second zone was referred to as
transitional where matter finds its way from one area to another, and the third zone was depositional
where the particles settle out in deeper water. Also, they reported, with regard to construction of new
pilings in that area, pile driving would produce a localized effect on the area. However, if a "jet" process
was utilized, the effects to the area could be more severe. It was recommended, that the pilings be
"driven" rather than using the "jet" method. The applicant reported there would be no need for dredging
as part of this request for additional dockage.
. With regard to the issues of accessing Timber Lane for transporting children to the Sailing Camp, the
applicants report current process has children dropped off at the main facility rather than utilizing Timber
Lane. It was recommended by Director Nielsen the chain, currently being used, be replaced with a more
Planning Commission Meeting Minutes-November 2, 2000
Page 3 of6
.
permanent barrier-such as a gate. Also, access to the driveway should be restricted to maintenance for
the Yacht Club, and access for the homeowner with an easement to the existing dock on the west end of
the property. In addition, it was recommended the situation be monitored in the future and consideration
of "No Parking" signs take place if access to the area becomes a problem. Recommendation for a shelter
near a storage rack included the use of a seasonal, rather than permanent structure for the children of the
sailing camp. Ultimately, Director Nielsen reported any approval of these plans should be subject to the
requirements of the LMCD through the dock permitting process.
Director Nielsen then summarized a memorandum from City Engineer/Director of Public Works, Larry
Brown. Engineer Brown addressed issues of right-of-way, easements, and parking; grading, drainage,
and erosion controls; and made final recommendations about these issues of concern. He noted, with
regard to right-of-way issues, it appeared as if Mr. Cross had resolved the issues related to the acquisition
of approximately twenty-five feet from the Hennepin County Regional Rail Authority for the
parking/boat storage area. Director Nielsen also recommended the new parcel of land be legally
combined with other two parcels currently part of the Shorewood Yacht Club as a condition of approval.
.
Also, Director Nielsen stated, the proposed plan does not comply with the American Disabilities
Act(ADA) requirements. The new addition required designation of handicapped accessible parking
spaces-one "van accessible" and four additional handicapped parking spaces-all of which must be
paved to provide a suitable surface for ramp loading and unloading. It should also be noted the ADA
requirements may differ in number from the determination of the Uniform Building Code which is based
upon the total number of parking stalls proposed. Since this number is uncertain, some revision may
need to be made to the final recommendations of Engineer Brown, provided the applicant's engineer can
certify the State ADA requirements may justify a fewer number of parking spaces than what is currently
being proposed in the Engineering memorandum.
Concern over the parking area being so close to the lake were also examined. Findings, after an onsite
visit, indicated the lot actually drained away from the lake and sometimes had water standing on the
eastern edge. A brief review of the advantages/disadvantages were presented to the Commission
regarding the possiblity of paving this area as it pertained to drainage in the area. Final review of the
issue concluded the main parking area should remain an aggregate surface, with the exception of the
handicapped parking area referenced previously. Since the parking area would not be paved, a
recommendation to use curbstones to designate parking stalls was issued. Director Nielsen also reported
it appeared the existing wetland area provided good retention on site as part of the City's Stormwater
Management Plan.
Erosion control measures shall be reviewed and approved by the City Building Official and the
Minnehaha Creek Watershed District as part of Engineer Brown's final recommendations.
In conclusion, Director Nielsen reported, it seemed as though all proposed plans, subject to final
recommendations of the Planning Director and City Engineer, concur with the L-R District zoning
requirements.
John and Judy Cross, owners of the Shorewood Yacht Club, were in attendance, and addressed the
Commission. Mr. Cross stated they appreciated the time spent on these matters. He stated the gate
would not be a problem to install as part of his plan, and he was willing to make adjustments, as needed,
to the parking areas.
. Mrs. Cross commented she was responsible for the suggestion to incorporate a more permanent cedar
shelter, such as the one at Freeman Park, because it would look prettier than the originally proposed
seasonal shelter.
Planning Commission Meeting Minutes-November 2, 2000
Page 4 of6
. Chair Bailey opened the Public Hearing at 7:47 P.M.
Joann Schaub, 5465 Timber Lane, asked Mr. Cross the number of additional boat slips to be built in this
proposal. He replied there would be twenty-eight, plus the seven that are already there, totaling thirty-
five. She also commented most neighbors she had spoken with did not have a problem with the marina.
There were concerns about the parking taking place on Timber Lane and would appreciate the use of the
"No Parking" signs.
Dr. Thomas Alt, 23760 Lawtonka Drive, stated the vast majority of the townhome owners support the
proposed changes at the marina and thought the marina was quite pretty to look at as part of their view.
He viewed the parking on Timber Lane differently, noting people can pull off the street into the grass
area to park so the street would not be quite so congested.
Commissioner Callies stated this matter did not seem to be an appropriate part of the process involving
the marina issues. Commissioner Anderson asked if this matter of parking along Timber Lane could be
better solved through the parking permit process. Director Nielsen commented if the parking problem
came about as a concern from the marina it would be appropriate to this discussion, otherwise, it should
be dealt with as a separate matter at a different time.
Hearing no further testimony pertaining to the matter appearing before the Commission, Chair Bailey
closed the Public Hearing at 7:52 P.M.
.
Commissioner Callies asked Director Nielsen about the different viewpoints regarding the use of canvas
or cedar on the shelter in the Sailing Camp area. He explained the cedar would be very visible during the
winter months in that area versus the use of the seasonal canvas being removed, and allowing the area to
be more natural looking.
Commissioner Woodruff stated she had a number of comments to share with the Commission. First, she
confirmed the curbstones would be included as part of the parking permit process. Secondly, she
questioned the possible use of landscaping around the parking lot area to slow the amount of runoff to the
lake. Director Nielsen explained there is a ridge from grading around the lot currently to deter the water
from running into the lake, and also the space in that area appeared to be rather limited for landscaping.
She also asked if it seemed necessary to get runoff to the pond area. Director Nielsen responded he did
not believe this to be a critical issue at this time. In addition, Commissioner Woodruff stated she had
deep concerns regarding the potential in the future for driving pilings and potential phosphates in the bay
area. She strongly believed a study should be conducted in the area as she believed there were as many
as seven treatment plants draining to that area into the 1970's. Her main concern with this matter was the
potential for heavy metals, such as mercury, to be entering the food chain as a result of previous uses of
the bay area.
Commissioner Turgeon expressed concern for the specifics of the details being discussed. She stated her
concern about the legal combination of parcels, as well as potential dredging in the future at this site.
She also stated her preference for the seasonal canopy on the shelter in the Sailing Camp area. She
clarified wording to be used related to the overflow parking area, noting the City's preference that no
parking take place there unless absolutely necessary.
.
Director Nielsen stated it would be sensible to clarify the large number of potential additions being
discussed by the Commission this evening. The following items were specified as additional conditions
for approval by the Planning Commission.
.
.
.
Planning Commission Meeting Minutes-November 2, 2000
Page 5 of6
1)
The new parcel of land, referenced as "Parcel B" in the November 1, 2000,
Memorandum from Larry Brown, be legally combined with the remainder of the
Shorewood Yacht Club property.
2) The shelter at the Sailing Camp shall be a seasonal canopy, rather than a permanent
covenng.
3) There will be no dredging taking place as part of the City's approval in this request. Any
requests in the future would be subject to normal dredging permit process procedures.
4) Any future proper use of the overflow parking area, shown on the Site Plan in the
southwest comer of the site, would be subject to review and approval by the Planning
Commission.
5) The American Disibilities Act parking spaces must be consistent with the Uniform
Building Code requirements and subject to conditions imposed by the Lake Minnetonka
Conservation District.
6) Any pilings needing to be installed would be "driven" rather than using the "jet" method
of installation.
7) The gate referenced in Item Four of the November 1, 2000, memorandum from Brad
Nielsen, will be installed in place of the current chain as detailed in that memorandum.
8)
Curbstones shall be placed for each parking stall on site.
Director Nielsen stated these conditions could be included in the Conditional Use Permit if approved.
Anderson moved, Callies seconded, amending the Shorewood Comprehensive Plan to include
"Parcel B," referenced in the November 1, 2000, Memorandum from Larry Brown regarding this
matter, be placed into the L-R District. Motion passed 5/0.
Anderson moved, Callies seconded, recommending approval of the Conditional Use Permit as
approved at the October 3, 2000, Planning Commission Meeting as well as including the conditions
listed previously, and in staff recommendations found in Memorandums, dated November 1, 2000,
from Larry Brown and Brad Nielsen, to the Planning Commission and City Council regarding this
matter.
Commissioner Callies commented she was not sure the dredging issue was necessarily appropriate as part
of the specified conditions.
Motion passed 4/1, with Woodruff dissenting, because of the uncertainty of what lies on the lake
bottom in this bay area.
Commissioner Anderson excused himself from the meeting at 8:27 P.M.
Mr. and Mrs. Cross thanked the Commission for their efforts related to this matter.
2.
MATTERS FROM THE FLOOR
There was no one present wishing to address matters from the floor this evening.
.
.
.
Planning Commission Meeting Minutes-November 2, 2000
Page 6 of6
3.
DRAFT NEXT MEETING AGENDA
There will be three items appearing on the November 21,2000, Agenda for the Planning Commission.
4. REPORTS
Chair Bailey reported on matters considered and actions taken at the October 9, 2000, Regular City
Council meeting, noting consideration regarding lighting plans should be taken over by the Planning
Commission, rather than the City Council as has been part of past procedures. Council Liaison Lizee
concurred.
Director Nielsen reported the upcoming vacancies by Commissioners Rosenberger and Boehm on the
Planning Commission.
Chair Bailey stated he would be the Commission Liaison for the November 13, 2000, City Council
Meeting. Commissioner Turgeon offered to report at the November 27,2000, City Council Meeting, and
Commissioner Woodruff offered to report at the December 11, 2000, City Council Meeting. The
Commission will only be holding one meeting in the month of December on the fifth.
Commissioner Woodruff clarified issues related to the Freeman Park dugouts, noting Park Commission
Chair Arnst stated the dugouts are part of the Stage 3 Plans, which the Park Commission had not
approved.
Turgeon moved, Woodruff seconded, tabling approval of the October 3, 2000, Planning
Commission Minutes to the November 21, 2000, Planning Commission Meeting. Motion passed
4/0.
5. ADJOURNMENT
Woodruff moved, Callies seconded, adjourning the meeting at 8:45 P.M.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, NOVEMBER 21, 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:03 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Anderson, Turgeon, and Woodruff; Planning Director
Nielsen;
Absent:
Commissioner Callies; Council Liaison Lizee; and Engineer Brown;
Commissioner Callies arrived at 7:04 P.M.
APPROVAL OF MINUTES
Chair Bailey noted there were two sets of minutes for approval this evening.
.
Turgeon moved, Woodruff seconded, approving the October 3, 2000, Planning Commission
Minutes as amended, on Page 2, Paragraph 1, Sentence 3, change "East" to "east." Motion passed
4/0/1, with Callies abstaining due to absence at that meeting.
Anderson moved, Turgeon seconded, approving the November 2, 2000, Planning Commission
Minutes as amended, on Page 2, Paragraph 4, Sentence 3, change "our" to "out, " on Page 2,
Paragraph 5, Sentence 6, omit "should dredging be required," on Page 5, Item 1, change "be
legally combined the remainder" to "be legally combined with the remainder..." Motion passed
5/0.
1. 7:00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT
Applicant: Minnetonka Country Club Assn. Inc.
Location: 24575 Smithtown Road
Chair Bailey explained the process utilized in a Public Hearing, noting any items approved this evening
would appear on the November 27, 2000, Regular City Council Meeting Agenda. He also noted Item 2
on this evening's Agenda had been rescheduled at the request of the applicant to the December 5, 2000,
Planning Commission Meeting.
Council Liaison Lizee arrived 7:08 P.M.
Director Nielsen provided background information on this matter noting this request for a Condition Use
Permit for expansion of ballroom space was essentially the same as the one approved in April of 1998,
which had expired prior to construction.
. Chair Bailey opened the Public Hearing at 7: 10 P.M.
Mr. Bo Witrak, owner/director of the Minnetonka Country Club Association, Inc., addressed the
Commission noting the Country Club was ready to begin construction on December 1, 2000, if the matter
is approved this evening and by the Council on November 27,2000. He noted weddings and events are
Planning Commission Meeting Minutes
November 21, 2000
Page 2 of 3
.
typically booked one year in advance, and the Country Club had not taken reservations for the months of
January, February, and March, 2001 in anticipation of this construction.
Commissioner Anderson stated he would be abstaining from voting on this matter as he was one of the
citizens affected by the golf cart parking issue which had been discussed in the earlier stages of this
process. He stated for the record he was speaking as a citizen rather than a Commissioner on this matter.
He stated he believed it would be appropriate for the golf course to screen the parked golf carts from
residents' view along the lot lines. He believed this screening to be important and noted it certainly
seemed to be in the spirit of what the City and Planning Commission would be requesting in other
situations.
Mr. Witrak responded that the supervisor for the golf course had already been instructed to plant
shrubbery for screening along the lot line next spring.
Chair Bailey then closed the Public Hearing at 7:19 P.M.
Discussion followed between the Planning Commission members and Mr. Witrak confirming the exact
locations for the shrubbery for screening. Mr. Witrak also explained the construction materials for this
project would be within a hundred foot radius of the club house at all times. Also, he noted, he had
planted lilac bushes along the lot line near the driving range in an effort to provide screening in that area
for residents.
.
Turgeon moved, Woodruff seconded, recommending approval of the Conditional Use Permit,
subject to staff recommendations and additional plantings for screening along the resident lot lines
for the Minnetonka Country Club Association, Inc., 24575 Smithtown Road. Motion passed 4/0/1,
with Anderson abstaining.
2. SIMPLE SUBDIVISION
Annlicant: Marvin Boote
Location: 24340 Yellowstone Trail
This item was rescheduled at the request of the applicant. It will be scheduled to appear on the
December 5,2000, Planning Commission Agenda.
3. SIMPLE SUBDIVISIONILOT LINE REARRANGEMENT
Annlicant: David Shenehon, Sandra Shenehon-Jones, Gerald and Mary
Goodlund
Location: 5285 Shady Island Road
Director Nielsen reviewed the background for this matter, explaining this was a simple subdivision in
which Mr. Shenehon's estate wanted to convey ten feet of land to Mr. Goodlund. As part of a previous
subdivision, the City had acquired a drainage and utility easement as well as right-of-way.
.
This matter was only slightly complicated by the fact that with the subdivision, the existing Shenehon
cabin would become nonconforming. In addition, the applicants plan to sell the property, and the new
owner plans to demolish the cabin. Director Nielsen recommended approval subject to the applicant
submitting a letter of credit, or a cash amount, equal to one and one-half times the estimated amount of
demolition of the cabin, and an estimate for demolition of the cabin from a licensed contractor to be
escrowed and used in the event the demolition would not take place prior to June 31, 2001.
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Planning Commission Meeting Minutes
November 21, 2000
Page 3 of 3
Gerald Goodlund, 5305 Shady Island Road, stated the cottage had been there for fifty years, and he had
no objection to the cottage being there for another year if need be.
Jill Soterin, the buyer for this property, also addressed the Planning Commission. She stated they
intended to remove the cabin themselves after road restrictions were lifted next spring, given the winter
weather already in place.
Commissioner Turgeon stated she did not have any problem with the demolition occuring prior to June
30, 200 I, but could see no need for the date to extend any longer than that. Commissioner Woodruff
agreed.
Commissioner Callies stated the lot would not be any different whether the demolition took place prior to
June or August.
Mary Goodlund, stated the cottage had been there a long time already, and she didn't object to giving the
new owners a bit more time.
Anderson moved, Callies seconded, recommending approval of the Simple SubdivisionILot Line
Rearragement, with an extension of the escrow agreement until August 30, 2001, for completion of
the demolition, for David Shenehon, Sandra Shenehon-Jones, Gerald and Mary Goodlund, 5285
Shady Island Road. Motion passed 4/1, with Turgeon dissenting.
Commissioner Turgeon, in response to Chair Bailey's question, stated her dissenting opinion was based
on the belief that there were no mitigating circumstances to extend the deadline for the escrow
agreement. Also, she believed a precedent of six months had been set in other requests such as this one,
and six months was ample time to remove this nonconformity.
4. MATTERS FROM THE FLOOR
There were no matters from the floor this evening.
5. DRAFT NEXT MEETING AGENDA
Director Nielsen stated there were four items on the December 5, 2000, Planning Commission Agenda.
6. REPORTS
Chair Bailey reported on matters considered and actions taken at the November 13, 2000, Regular City
Council Meeting (as detailed in the minutes of that meeting.)
Commissioner Woodruff reported on the most recent Land Conservation and Environment Committee (as
detailed in the minutes of that meeting.)
7. ADJOURNMENT
Anderson moved, Woodruff seconded, adjourning the November 21, 2000, Planning Commission
Meeting at 7:53 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe, Recording Secretary
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, DECEMBER 5, 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:15 P.M. due to technical difficulties.
ROLL CALL
Present:
Chair Bailey; Commissioners Anderson, Callies, Turgeon, and Woodruff; Council
Liaison Lizee; Engineer Brown; Planning Director Nielsen;
Absent:
None
APPROVAL OF MINUTES
Turgeon moved, Woodruff seconded, approving the November 21, 2000, Planning Commission
Minutes as presented. Motion passed 5/0.
1. 7:00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT
Applicant: Our Savior's Lutheran Church
Location: 23290 State Highway 7
Chair Bailey summarized the procedures used in a Public Hearing. He noted items approved this evening
could appear on the December 11, 2000, Regular City Council Meeting Agenda.
Director Nielsen provided background and analysis of this matter noting Architecture, Incorporated, was
representing Our Savior's Lutheran Church and had submitted plans for an expansion of the existing
building. Since churches are conditional uses in residential districts, this request was appropriate. In
analysis of the site, side yards for churches were required to be double that which is normally required in
the zoning district (20 feet versus 10 for residential). The proposed addition lies just over 40 feet from
the side lot line. While a future classroom addition was shown on the proposed site plan as being
approximately 28 feet from the side lot line, it was not a part of the request for this matter. Also, he
noted, there was concern for additional landscaping needed along the northwesterly property line. Plans
included the need for 176 spaces in the new parking area and would be reconfigured with better defined
access drives, curbed islands, and landscaping.
Of particular concern was the loading of buses on the site. Director Nielsen explained the bus route
would essentially need to be the reverse of what was currently being used. This change would allow the
buses an additional 420 feet of highway to get into the left lane for southbound trips on Highway 41.
This was important because MNDOT was likely to close the center median cuts in front of the church
property, resulting in a one-way circulation pattern for accessing the highway. Also, grading, drainage,
and erosion control measures would need to be addressed.
Director Nielsen summarized the matter by suggesting approval, subject to certain conditions. A revised
landscape plan, prepared by a registered landscape architect, needed to be submitted. Based on an
approved landscape plan, the applicant also needed to provided cost estimates, from which a letter of
credit would be required. In addition, the parking lot must be constructed and striped prior to occupancy
of the new addition. The applicant needed to address how the future classroom addition would be
accessed by construction vehicles, materials, and equipment. Plans for the building should be subject to
review and approval by the Fire Marshal. Finally, the City Engineer needed to address issues related to a