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05-07-19 Planning Commission MinutesCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 7, 2019 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:02 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Maddy; Commissioners Eggenberger, Gorham, Gault and Riedel; Planning Director Darling; and, Council Liaison Labadie Absent: None 1. APPROVAL OF AGENDA Gorham moved, Riedel seconded, approving the agenda for May 7, 2019, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES • April 2, 2019 Riedel moved, Gorham seconded, approving the Planning Commission Meeting Minutes of April 2, 2019, as presented. Motion passed 4/0/1 ( Eggenberger abstained). 3. PUBLIC HEARINGS — NONE 4. OTHER BUSINESS —APPEAL CODE ENFORCEMENT Appellants: Location: Mike and Petra Cripe 450 West Lake Street Planning Director Darling gave a brief overview of the zoning violation and the appeal. She stated that this property is unique because is straddles both Shorewood and Excelsior. She noted that the City of Excelsior's recreational vehicle code has been attached for the Commission's information. She explains that staff does not believe there has been an error in applying the City Code. Commissioner Riedel asked about the part of the violation that says some of the vehicles are stored on the adjacent property. Planning Director Darling noted that it does appear that a camper is stored on the dredging company property which is located directly west of Cripe's property. Commissioner Riedel asked if the industrial property (the dredging company) is zoned commercial and if there were setback requirements about where their equipment is stored. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2019 Page 2 of 4 Planning Director Darling stated that there is a Conditional Use Permit for this property that they have been operating under for a few decades and noted that it is zoned C -2. She stated that the CUP includes "clouded areas" where they can store their equipment, which is just over the property line. Chair Maddy noted that this property has the front and side yard in Shorewood and the back yard in Excelsior. Petra Cripe stated that the boat is no longer on the property because it is in the water. She explained that she has lived on the property for about 18 years. She stated that she feels she is a pillar of the community and is involved in many community events. She stated that she has always been very friendly with the dredging company until the property was sold a few years ago. She stated that she is surprised that someone complained about her property considering what is in view just on the other side of the fence. She stated the pontoon boat is only on land between October and May before it is dropped into the lake. She stated that she does not think the setbacks are fair and noted that they pay taxes to both Shorewood and Excelsior. She stated that they are trying to do the right thing. Commissioner Gault asked how many years they had been storing their equipment like this. Ms. Cripe stated that they got the pontoon about 16 years ago. She stated that she has not owned the other watercraft quite as long but noted that they had tried to push it up into the corners so it wasn't as visible. She stated that the problem she is having with the code is that Excelsior considers that side their backyard and the lake as their front yard; however, Shorewood is considering the street side the front yard and the back yard as the lake side. Commissioner Eggenberger asked where Ms. Cripe parks their cars. He asked if all the boats and equipment were owned by her or if any were owned by her sons. Ms. Cripe stated that they have two cars and most of the time they park inside the garage. She stated that right now, they are owned by her or her husband. Commissioner Gault asked if the camper trailer was actually straddling the property line as was mentioned by Planning Director Darling. Ms. Cripe stated that what the Commission can't see from the pictures is that they have beefed up the wooden privacy fence which goes at a straight angle. She noted that at the end there is a crumbling mortar semi - circle wall that is in very bad disrepair. She stated that the camper is actually covering the crumbling wall. Commissioner Gault asked if the wall was on her property and reiterated his question of whether the camper was partially on the neighboring property. Ms. Cripe stated that she was not sure because the fence doesn't actually divide and follow the property line. Commissioner Riedel clarified that the equipment on site is a camper, two jet skis, a pontoon and another boat. He stated that he assumed people have already brainstormed and found that there is not a solution that would allow the homeowner to store those four pieces of equipment and still be in compliance with both Shorewood and Excelsior city codes. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2019 Page 3 of 4 Ms. Cripe stated that one solution from the inspector was to move things over a few feet so it would be in Excelsior, but that would mean that she couldn't park her car in the garage during the winter. She stated that she did not think that is a reasonable solution. Chair Maddy asked about Ms. Cripe's comment that they pay taxes to both Shorewood and Excelsior. Ms. Cripe stated that they pay more taxes to Excelsior because there is more property in that City than in Shorewood. Chair Maddy asked if Ms. Cripe could vote in both cities. Ms. Cripe stated that she cannot vote in both cities and can "only vote where her master bedroom" is located. Commissioner Gault stated that it appears that if she put a concrete pad on her street -side yard area, Excelsior would allow her to park one of the boats there. Ms. Cripe stated that she did not want to give up any of that yard space because her special needs son spends a lot of time in the yard on his playset and with the garden. She stated that she has been trying to figure out a solution, but doesn't really even understand who she is trying to make happy. Commissioner Eggenberger asked if she had ever considered off -site storage. Ms. Cripe stated that it is very expensive but noted that she would consider it if there is no other option. She stated that she feels her property is unique because it straddles two cities, is on a dead -end street and has an industrial business right next door. The Commission reviewed the requirements for storage in the City. Chair Maddy asked if there was a way to get a driveway to the west towards the fence line, so a vehicle could be parked there and not block the garage entrances. Planning Director Darling stated that recreational vehicles have a 10 -foot setback requirement Chair Maddy asked whether it would make sense to pursue a variance rather than the appeal process. Planning Director Darling stated that she had discussed the situation with the City Attorney, but the zoning regulations defines storage of recreational vehicles in the buildable area of the lot as a specific accessory use, so the property owner cannot pursue a variance as an option. Use variances are not permitted by State Statute. Commissioner Riedel stated that it appears as though the debate before the Commission is whether or not the City made an error. He stated that he did not see an error. He stated that if this was a variance discussion, there are very unique aspects to this property, but does not see an error in the interpretation of the code. Riedel moved to uphold the validity of the zoning violation notice and require the items stored out of compliance to be removed from the Shorewood side of the property owned CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2019 Page 4 of 4 by Mike and Petra Cripe at 450 West Lake Street. Eggenberger seconded the motion. Motion passed 5 -0. Planning Director Darling noted that this item will be on the Council agenda on May 28, 2019. 5. MATTERS FROM THE FLOOR 6. REPORTS • Liaison to Council Council Liaison Labadie noted that the process for the full -time permanent fire chief is still underway and has been narrowed down to three candidates. Planning Director Darling noted that there were a number of items from the last Planning Commission that had been approved by the Council. • Draft Next Meeting Agenda Planning Director Darling stated there is a development for the west side of Club Lane, including a comprehensive plan amendment, rezoning, PUD and preliminary plat for the May 21, 2019, Planning Commission meeting. 7. ADJOURNMENT Riedel moved, Gault seconded, adjourning the Planning Commission Meeting of May 7, 2019, at 7:37 P.M. Motion passed 5/0.