PC-12-04-12
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, DECEMBER 4, 2012 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Geng called the meeting to order at 7:06 P.M.
ROLL CALL
Present: Chair Geng; Commissioners Davis, Hutchins, and Muehlberg; Council Liaison Zerby;
and Planning Director Nielsen
Absent: Commissioners Charbonnet and Garelick
APPROVAL OF AGENDA
Hutchins moved, Davis seconded, approving the agenda for December 4, 2012, as presented.
Motion passed 4/0.
APPROVAL OF MINUTES
November 20, 2012
Davis moved, Muehlberg seconded, approving the Planning Commission Meeting Minutes of
November 20, 2012, as presented. Motion passed 3/0/1 with Hutchins abstaining due to his absence
at the meeting.
1. 7:00 P.M. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR ACCESSORY
Applicants: Robert Finke
Location: 6060 Seamans Drive
Chair Geng opened the Public Hearing at 7:08 P.M., noting the procedures utilized in a Public Hearing.
He explained that if this item is acted upon this evening it will be placed on a December 10, 2012,
Regular City Council meeting agenda for further review and consideration. He noted Robert Finke the
applicant and his wife Sandra are present this evening.
Director Nielsen explained Robert Finke, 6060 Seamans Drive, is proposing to add a third stall to the
existing attached garage on the property he and his wife own. The floor area of the new garage, when
combined with an existing attached garage, brings the total area of accessory space on the property over
1200 square feet. That requires a conditional use permit (C.U.P.). The property is zoned R-1A, Single
Family Residential and contains 40,084 square feet of area. He displayed graphics showing the location
of the existing house, existing garage, pool and the proposed garage which will extend off the south side
of the existing garage. He explained the existing house contains approximately 2457 square feet of floor
area in the two levels above grade. The existing garage contains 887.4 square feet of floor area. The
proposed garage will contain 512 square feet, which brings the total area of accessory space on the site to
1399.4 square feet.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
December 4, 2012
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Nielsen reviewed how the application complies with the criteria for granting a C.U.P for accessory space
over 1200 square feet.
1. The total area of accessory space (1399.4 square feet) does not exceed the total floor area above
grade of the principal structure (2457square feet).
2. The total area of accessory space does not exceed 10 percent of the minimum lot area for the R-
1A zoning district (.10 x. 40,000 square feet = 4000 square feet).
3. The proposed garage complies with the setback requirements of the R-1A zoning district.
Hardcover is well within the 33 percent maximum amount allowed.
4. The new garage addition will be integrated into the architecture of the existing home. As such
the roof lines, materials and architectural character of the garage are consistent with the principle
dwelling.
Nielsen noted the applicants will build a short retaining wall around the southwest corner of the property
to catch up with the grade in that area. He explained that two existing trees on the south side of the
existing garage will be replaced with two ornamental trees. He noted the lot is well screened already;
there are plenty of trees in existence.
Nielsen stated based on the preceding analysis, Staff recommends the conditional use permit be granted
as submitted.
Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public
Testimony portion of the Public Hearing at 7:15 P.M.
Commissioner Davis asked Mr. Finke why he stepped the garage back. Mr. Finke explained to maintain
the distance from the well and that it will also look a little better.
Commissioner Hutchins asked if when putting in the boulder retaining wall is there is any concern around
the addition of the driveway for the third garage stall. Director Nielsen stated it fits fairly well, and
explained the retaining wall is to bring the side grade up so there is not a lot of foundation showing on
that side.
Davis moved, Hutchins seconded, recommending approval of a conditional use permit for accessory
space in excess of 1200 square feet for the property located at 6060 Seamans Drive. Motion passed
4/0.
Chair Geng closed the Public Hearing at 7:17 P.M.
2. REVIEW ASHLAND WOODS FINAL PLAT
Applicants: Ashland Woods, LLC
Location: 6045 Strawberry lane
Chair Geng explained the review of the final Ashland Woods Plat is before the Planning Commission this
evening in regard to a conservation easement. The applicant is Ashland Woods, LLC and the property is
located at 6045 Strawberry Lane.
Director Nielsen noted Corey Lepper on behalf of Ashland Woods, LLC is present this evening. He
explained that in September 2012 Council approved a preliminary plat for Ashland Woods which is
located on the east side of Strawberry Lane just south of the Lake Minnetonka LRT Trail. The plat for the
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
December 4, 2012
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property was originally approved in 2009 as Wildwood. In the Wildwood Plat and the Ashland Woods
Plat the primary issue was handling of drainage. During the public hearing on the preliminary Ashland
Woods Plat a number of neighboring property owners expressed concern about where stormwater would
flow from the Plat. Ashland Woods has submitted the plans used by the previous developer which had
been approved to address that.
Nielsen explained that since the preliminary Ashland Woods Plat was approved the Minnehaha Creek
Watershed District (MCWD) has adopted a rule that requires these types of developments to not only
control the runoff rate (after development versus before) but also runoff volume. Runoff volume is a very
significant matter. To deal with that the applicant has changed the cul-de-sac to include a landscape island
rather than just being a bituminous circle as originally proposed. That should address the MCWD’s
concern about volume.
Because of the sensitivity of the drainage issue the Planning Commission asked to have an opportunity to
review the proposed language for the development agreement submitted as part of the final Ashland
Woods Plat. The drainage system proposed with the Wildwood Plat and the preliminary Ashland Woods
Plat was fairly extensive. It involved a dry creek bed and ponding area. For both the Wildwood Plat and
the Ashland Woods Plat there was a condition that the drainage area be monitored. The homeowners
association (HOA) would be responsible for monitoring it and reporting back to the City the elevations on
an annual basis.
Nielsen noted the meeting packet contains a copy of language from the Wildwood Plat for a conservation
easement. He explained that for Wildwood it was Article 17 in the Declaration. The easement talks about
responsibilities of the HOA. He noted that ordinarily for a plat like Ashland Woods there would not be a
HOA because there are no common features (e.g., an entry monument or public facility). He explained in
this instance the public facility is the drainage system. It will be the HOA’s responsibility to maintain the
system and correct it if need be. The City is asking that similar language be included for the landscape
island in the cul-de-sac. He noted Mr. Lepper has agreed to that.
Director Nielsen stated that Staff had thought the final Ashland Woods Plat would appear on the
December 10, 2012, City Council regular meeting agenda. Revisions are being made to some of the
language so it is likely it will be considered by Council during its January 14, 2013, meeting.
Commissioner Hutchins asked if the description of the center island comes in as part of the final plat for
approval. Director Nielsen explained it does not change the plat itself. It does get recorded at Hennepin
County showing how the land is divided and it shows the cul-de-sac. That is not changing. The plans and
specifications for the final road will include the landscape island. Hutchins then asked if there is a size
requirement to accomplish what the MCWD wants. Nielsen stated there is but he has not seen the
drawings for that yet.
Chair Geng stated he assumes that the language in the Declaration for Ashland Woods, LLC will be
virtually identical to that for Wildwood. Director Nielsen stated that is correct. Geng stated there is no
mention of a HOA in the preamble. The actual conservation easement mentions the Association about a
dozen times. He asked if the HOA needs to be included in the preamble. Nielsen explained the
conservation easement is just one article in the Declaration. Nielsen noted the applicant will have to
submit by-laws for the Association. The by-laws set up the requirements to be a member, stipulates it has
to exist to do this development, what the Association’s responsibilities are and so forth.
Commissioner Hutchins stated it goes back and forth between the Declarant and the Association in the
conservation easement. Director Nielsen explained the Declarant is Ashland Woods, LLC. At a certain
point the Association takes over for the developer and that is usually after it is 80 percent developed.
Ultimately the Association is the responsible party for maintenance services.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
December 4, 2012
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Hutchins moved, Davis seconded, accepting the conservation easement language as presented and
recommending approval of the Ashland Woods final plat as submitted. Motion passed 4/0.
3. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
4. OLD BUSINESS
None.
5. DRAFT NEXT MEETING AGENDA
Director Nielsen stated the next Planning Commission meeting is scheduled for January 15, 2013. During
that meeting he would like to complete the review of the General Provisions in the Zoning Code with a
focus on the noise ordinance. It is possible Council may have talked about zoning permits before then and
if so the Commission will discuss Council’s feedback. There will be initial discussion about the Planning
Commission’s 2013 work program. He explained that Council Liaison Zerby has asked that the trail
process in the Trail Plan Implementation Report be updated and refined based on experiences with the
Smithtown West Trail segment. There may be a minor subdivision to consider that evening.
6. REPORTS
• Liaison to Council
Chair Geng gave a brief report on the November 26, 2012, City Council meeting about items related to
the Planning Commission.
Commissioner Muehlberg asked if anyone had any comments about the Feasibility Report for the
Smithtown West Trail segment. He stated he was surprised that no one spoke against it during the open
house for that. Director Nielsen stated there was no public comment about it during that Council meeting.
Director Nielsen noted that the responses to questions received about the Trail that were endorsed by the
Planning Commission will be considered by Council during its December 10, 2012, meeting.
Chair Geng stated he thought Council’s reaction to the open house was very positive.
• SLUC
No report was given.
• Other
Commissioner Hutchins asked to be signed up to attend the GTS training session being hosted by the City
of Greenwood on January 12, 2013.
7. ADJOURNMENT
Davis moved, Muehlberg seconded, Adjourning the Planning Commission Meeting of December 4,
2012, at 7:38 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder