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06 01 2021 Planning Commission Agenda Packet CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY JUNE 1, 2021 7:00 P.M. Due to the Centers for Disease Control’s recommendation limiting the number of people present at a meeting, and pursuant to MN Statute §13D.02, the Shorewood Planning Commission meetings will be held by electronic means. For those wishing to listen live to the meeting, please go to http://ci.shorewood.mn.us/current_meeting/ for the meeting link. Contact the city at 952.960.7900 during regular business hours with questions. For link issues at meeting time, call 952.960.7906. A G E N D A CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE MADDY (APR) ______ EGGENBERGER (JUN) _ _ GAULT (MAY) ______ RIEDEL (AUG) ______ HUSKINS (JUL) ______ COUNCIL LIAISON (Callies) ______ 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES  May 4, 2021 3. MATTERS FROM THE FLOOR (This portion of the meeting allows members of the public the opportunity to bring up items that are not on the agenda. Each speaker has a maximum of three minutes to present their topic. Multiple speakers may not bring up the same points. No decisions would be made on the topic at the meeting except that the item may be referred to staff for more information or the City Council.) 4. PUBLIC HEARINGS A) CUP for fill in excess of 100 cubic yards and variances to impervious surface coverage and building height Applicant: Tod and Bonnie Carpenter Location: 26050 Birch Bluff Road B) Sign Ordinance Amendments Applicant: City of Shorewood Location: Citywide 5. NEW BUSINESS A) Variance to front yard setback Applicant: Justin Robinette Location: 4530 Enchanted Point B) Variance for detached garage height Applicant: Kuhl Design Build Location: 28110 Woodside Road Planning Commission Meeting Agenda Page 2 6. OTHER BUSINESS - None 7. REPORTS A) Council Meeting Report B) Draft Next Meeting Agenda 8. ADJOURNMENT CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, MAY 4, 2021 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:04 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gault, Riedel, and Huskins; Planning Director Darling; Planning Technician Notermann, and Council Liaison Gorham Absent: None 1. APPROVAL OF AGENDA Riedel moved, Huskins seconded, approving the agenda for May 4, 2021, as presented. Roll Call Vote: Ayes – all. Motion passed 5/0. 2. APPROVAL OF MINUTES  April 6, 2021 Eggenberger moved, Riedel seconded, approving the Planning Commission Meeting Minutes of April 6, 2021, as presented. Roll Call Vote: Ayes – all. Motion passed 5/0. 3. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. A. PUBLIC HEARING – CUP AMENDMENT, VARIANCES AND SITE PLAN AMENDMENT REVIEW FOR TONKA BAY CAR WASH Applicant: Reprise Design Location: 24245 Smithtown Road Planning Director Darling stated that the applicant is proposing a conditional use permit to rehabilitate the existing car wash and convert two of the bays to be automatic car wash, rather than manual. The applicant is asking for two variances to allow less stacking and less parking than required by ordinance. This would also require a site plan amendment for the proposed changes. She stated that this is currently zoned C-1 and reviewed the surrounding property uses. She explained that the applicant is proposing that the flow of traffic be changed so the vehicles enter the car wash from the west side of the building and exit on the east side of the building. They are proposing to plant new bushes on the south side of the stacking area to provide required screening. She noted that staff recommends that they have a new enclosure for their dumpster CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 2 of 7 once it is relocated and that they hook up to City sewer and water. She gave an overview of the request for reduced stacking and explained staff’s recommendation that the applicant provide additional stacking spaces on the site, which would not need a variance. She stated that the business had originally asked to operate 24 hours/day, but are now proposing 6:00 a.m. to 12:00 p.m. She noted that the applicant has shown that they can meet the noise standards however the City Attorney has asked that there be a condition added that the dryers only function when the doors are closed and also a condition that the applicant must continue to operate the car wash consistent with the City’s noise standards. She stated that the other variance that the applicant is asking for is related to the required parking spaces. She explained that the Zoning Ordinance required 10 full parking spaces but with a fully automatic car wash with the possibility of a maximum of one staff member being on site at a time, they feel that parking requirement may be a bit excessive and have asked to provide the one parking space as proposed on the north end of the building. Staff recommends approval of the variance to provide only one parking stall, denial of the request for reduced stacking, and overall approval of the application. Commissioner Riedel asked for additional clarification on the proposed stacking. Planning Director Darling explained the stacking and noted that staff is proposing that the stacking lines be painted going to the north side of the building so it is clear how the stacking would function. She stated that the Commission could also add a condition that they place a sign that states no stacking is permitted into the public street. Commissioner Huskins asked if the through-putting of cars took into account the vacuuming units that occur right at the exit. He asked if there will be a right turn only sign as cars depart. Planning Director Darling stated that they have full access at their eastern entrance, so she does not think the City could say that it was right turn only. She explained that the applicant is moving most of the vacuuming stations from the site. She stated that she does not believe it will be a problem with stacking but could block exiting cars and suggested that the applicant address this question. Commissioner Gault asked why staff was recommending this be hooked up to City sewer and water. Planning Director Darling explained the reasoning behind this recommendation was related to City Code which requires hook up with development if water is available. Commissioner Gault stated that he would like to know how they propose to deactivate the automatic washes outside of the business hours and asked if the City was proposing that even the manual stalls have limited operating hours. Planning Director Darling stated that she assumed that the manual and automatic stalls would have the same hours of operation. Farhad Hakim, owner of the property, stated that he can answer some of the questions that were raised. He stated that they would like to address the dumpster issue. Since he has owned the property, there are weeks that the dumpster just sits empty. He stated that they are proposing to remove the dumpster and have 2 roller bins on the inside of the building for people to use when emptying their cars and 2 bins on the outside of the building in a similar location to the dumpster. He stated that they would just have the four bins emptied every week rather than having a dumpster on the site. He stated that their goal is to bring the site back to life so it doesn’t look run CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 3 of 7 down and flow easily through the site. He stated that their plan is to only keep the vacuum that is located between the self-service bays. Commissioner Gault asked how the applicant proposed limiting the hours of operation since it is automatic. Mr. Hakim stated that all the machines, including the manual machines, lighting, and doors, can be set on a timer so they will not operate outside of operating hours. Commissioner Riedel asked for the applicant to comment on the stacking issue and whether reorienting the stacking towards the east entrance is acceptable. Mr. Hakim stated that they do not think stacking will be a problem with two automatic bays operating because they will be able to move people through more quickly. He stated that they are willing to put it in writing that if it does become an issue and leak out into the street then they will close the other entrance. He stated that they are definitely open to painting the stacking lines as suggested by staff. Commissioner Eggenberger asked about the possibility of closing the west entrance from the start. Mr. Hakim stated that his biggest issue is that once they are closed you can never get them reopened and would like to leave it open for future possibilities. Commissioner Huskins asked the applicant to comment on the recommendation from staff for this site to use City water and sewer. Mr. Hakim stated that they are not opposed to hooking up to City sewer and water. He stated that either option of using well or City water have pros and cons. Chair Maddy noted that the staff report has a lot of conditions and asked if there were any that the applicant was not willing to concede on. Mr. Hakim stated that they have gone through them and are not opposed to them, but would hope that the City is not trying to hammer them to the ground with restrictions. Corey Englund, Reprise Design, stated that he wanted to touch on the earlier statement that they are planning to move away from dumpsters and change to 96-gallon carts similar to standard residential and commercial size. He asked if the trash enclosure provision could go away if they do that rather than dumpsters. Planning Director Darling stated that the code requires that all trash receptacles on commercial properties to be screened. She stated that if they are kept within the car wash bays, then they would not have to provide an enclosure for the carts. She stated that the 2 carts the applicant would like to have located outdoors would require screening. Mr. Hakim stated that they do not have the be the rolling type of trash can but can just be a bigger receptacle like what is seen at Target or a gas station. Planning Director Darling stated that a trash can could be kept outdoors without an enclosure, but not a cart or a dumpster. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 4 of 7 Mr. Englund stated that he thinks the proposed plan will do a lot to clean up this building and stated that he feels their layout will ensure that the stacking does not overflow to the street. Commissioner Huskins asked about the response time if a person is required to respond to something that occurs on the property. He gave the example of it being 11:30 p.m. and someone is using the automatic bay and the doors do not open at the conclusion of the wash. Mr. Hakim stated that he lives about 9 minutes from the site so he will be responding. He noted that they also have cameras on site and the machines will be new that will even send alerts to his phone if there is something wrong. Chair Maddy opened the Public Hearing at 7:48 P.M. noting the procedures used in a Public Hearing. There being no public comment, Chair Maddy closed the Public Hearing. Commissioner Riedel stated that he is still a bit uncomfortable with the potential stacking issue and noted that he thinks the Commission should be planning for this to be a very successful business, which means congestion. He stated that he understands the applicant’s reluctance to close off one of the entrances and supports the condition that should stacking occur, then the City can require an entrance to be closed. Commissioner Eggenberger stated that he agrees with Commissioner Riedel and would also like to stipulate that the vacuum between the automatic bays is removed. Commissioner Huskins stated that he likes the idea of continuing the striping so it is clearly marked and avoid issues. He stated that he is still unsure about the City sewer and water because of the cost of the hook up. Commissioner Eggenberger asked if Commissioner Huskins felt that the applicant should have the option to keep well water if he wants. Commissioner Huskins stated that he just wasn’t sure what the Commission should recommend because he feels there would be advantages to hooking up to City water, but understands that the costs to hook up are not low. He asked what other Commissioners felt about the recommendation from staff regarding City water. Commissioner Gault stated that he had the same concern and noted that it was phrased as a recommendation within the staff analysis and not a requirement. He stated that if it is not required within the Code, he likes the idea of giving the applicant the option of making that decision. Commissioner Eggenberger asked what the reasoning was being the staff recommendation for hooking up to City water. Planning Director Darling stated it was because of the change in use and the more intense water user now being on City water. She noted that the other commercial properties along Smithtown have already hooked up to City water and this would be the last one. Riedel moved, Huskins seconded, recommending approval of the CUP and Site Plan Review for Tonka Bay Car Wash located at 24245 Smithtown Road, subject to the recommendations that applicant provide full cut off light fixtures and side shielding of the lighting, the dumpster be removed or if they choose to keep it screening be provided, the CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 5 of 7 area be restriped to provide additional stacking space for a minimum of 3 vehicles, connect to public water and pay the connection fee, subject to approved financial guarantees, should any stacking occur in the future in the public right-of-way, the applicant would be required to close the westerly access, business hours will be limited to 6:00 a.m. to 12:00 p.m., the overhead doors are required to be closed during the blowing cycle, and the vacuum between the automatic stalls will be removed. Commissioner Eggenberger expressed concern about the wording being “any stacking” and stated that it seems harsh. He asked what would happen if there was stacking just one time. Riedel amended the motion, Huskins seconded the amended motion, recommending approval of the CUP and Site Plan Review for Tonka Bay Car Wash located at 24245 Smithtown Road, subject to the recommendations that applicant provide full cut off light fixtures and side shielding of the lighting, the dumpster be removed or if they choose to keep it screening be provided, the area be restriped to provide additional stacking space for a minimum of 3 vehicles, connect to public water and pay the connection fee, subject to approved financial guarantees, should staff judge the stacking to be problematic in the public right-of-way, the applicant would be required to close the westerly access, business hours will be limited to 6:00 a.m. to 12:00 p.m., the overhead doors are required to be closed during the blowing cycle, and the vacuum between the automatic stalls will be removed. Roll Call Vote: Ayes – all. Motion passed 5/0. B. SIGN ORDINANCE AMENDMENTS – Continued to June 1, 2021 Chair Maddy opened the Public Hearing at 8:03 P.M. noting the procedures used in a Public Hearing. Planning Director Darling noted that the City had received a letter from Pamela McDonald expressing concerns that even with a 10-foot setback there are some areas with drainage ditches that would make it difficult to put political signage out. Riedel moved, Gault seconded, to continue the Public Hearing for the Sign Ordinance Amendments to June 1, 2021. Roll Call Vote: Ayes – all. Motion passed 5/0. 4. NEW BUSINESS A. Variance to Front yard Setback Applicant: John Mark Graham Location: 5565 Howards Point Road Planning Technician Notermann explained the request for a variance at 5565 Howards Point Road is in order to add a porch to be 43 feet from the front property line where 50 feet is required. She explained that the home was built in 1954 and is considered a legal non-conforming structure. She stated that this lot has 28.8% impervious surface which is more than the 25% allowed in the Shoreland District, but noted that the Shoreland regulations were adopted in 1987. The City received one e-mail from the neighbor at 5490 Howards Point Road, that expressed support for this request. Staff recommends approval of the variance request. Commissioner Riedel asked when the impervious surface on the property increased. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 6 of 7 Planning Technician Notermann explained that it was unclear in the older permits because there wasn’t much information regarding impervious surface at that time. She stated that if you look at aerial imagery, you can see a bit of increased driveway on the south side of the garage and a bit in the back, that was not anything they could find permits for and it is hard to tell when those areas came to be. John Graham, stated that where they plan to put the porch will cover up a garden that had some plastic underneath it. He stated that if the City would like them to remove some of the plastic to help bring down the impervious surface a bit, they are happy to do that. Commissioner Huskins stated that he would like clarification from the applicant on when the home was built and the setback because there are discrepancies between the staff report and the information the applicant submitted. Mr. Graham stated that they have lived in the home for about 50 years and after they moved in an older gentleman had walked by and told him that he used to milk cows in the basement of their house because the home had originally been a barn. Mrs. Graham stated that when they first moved in it was a little bungalow which is where the number from the 1950s came from when they built it on top of the barn. Mr. Graham stated that they do not know exactly when the original house was built because the foundation of the house is double brick wall which was most likely the original barn. He stated that they have added onto the home several times over the years. Planning Technician Notermann stated that she thinks the discrepancy regarding the setback is the difference between the measurement to the edge of the road versus measuring the setback from the property line. Bob Boyer, contractor, stated that he was contacted by the Grahams because they would like to stay in this home as long as they can. He stated that they have tried to move their living to the main level so he is working on a remodeling project to assist them in that effort and a porch is part of that plan for them. Eggenberger moved, Gault seconded, to recommend approval of the variance request to the front yard setback at 5565 Howard’s Point Road for the purpose of constructing a porch Roll Call Vote: Ayes – all. Motion carried. B. Site Plan Review Applicant: Minnetonka Public School District Location: 19685 State Highway 7 Planning Director Darling explained that this is a request for a site plan amendment for property located at 19685 State Highway 7. The Minnetonka School District recently purchased the property and is proposing to remodel the building and site to accommodate a school use for older, special needs students to help them acquire job and life skills to transition into a more independent life. She explained that the majority of the changes are interior to the building but noted that there are a few site changes being proposed. She reviewed some of the conditions and noted that staff recommends approval of the application, subject to those conditions. Commissioner Gault asked about access and drop-off locations. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MAY 4, 2021 Page 7 of 7 Planning Director Darling suggested that the applicant answer those questions. Paul Bourgeois (with the Minnetonka School District) stated that they are expecting between 25 and 40 students who are mildly impaired, ages 18-21. He stated that these are students that can have successful lives if they are taught things such as how to live in an apartment and other life skills. They will also work with local business on apprentice type job opportunities. He explained that there is cross access within the Planned Unit Development and his understanding is that in essence, technically all the parking could be shared. He stated that they are not intending to share and noted that there should be about 10-15 staff members on site on a daily basis. The bus traffic will be the small buses with classes from about 9:00 am to 3:00 pm. He stated that there will be some traffic during the day because the students will go on field trips to various businesses to learn about different jobs. He stated that they have spoken with Alerus and are planning to have the buses enter the west driveway and loop around, drop the students at the west door, and then the buses would exit. He stated that they are anticipating 2 or 3 buses in the morning and also in the afternoon. Eggenberger moved, Riedel seconded, to recommend approval of the request for a Site Plan Amendment for 19685 State Highway 7, subject to conditions as listed in staff report. Roll Call Vote: Ayes – all. Motion carried. 5. OTHER BUSINESS 6. REPORTS • Council Meeting Report Council Liaison Gorham reported on matters considered and actions taken during the Council’s recent meetings. • Draft Next Meeting Agenda Planning Director Darling stated there are a number of new variance applications planned for the next meeting including: a CUP for a new home to be constructed on Birch Bluff; a variance for a new garage addition on Woodside Road; and a variance on Birch Bluff for building height and hard cover. Planning Director Darling stated that although the Planning Commission does not look over Final Plat applications, she wanted to let them know that two submitted, one for The Villas at Shorewood Village, which will now be known as Walnut Grove, and for two duplexes at 20325 Excelsior Boulevard, which will be called Excelsior Woods. 7. ADJOURNMENT Riedel moved, Huskins seconded, adjourning the Planning Commission Meeting of May 4, 2021, at 8:52 P.M. Roll Call Vote: Ayes – all. Motion passed 5/0. Definitions Pertaining to Building Height From Chapter 1201.02 of City code Previous Definitions for Height: BUILDING HEIGHT. A distance to be measured from the average land grade to the top of a flat roof, to the mean distance (between eaves and peak) of the highest gable on a pitched or hip roof, to the roof deck line of a mansard roof, to the uppermost point on all other roof types. GRADE (AVERAGE LAND GRADE). The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building. New definition of Height: BUILDING HEIGHT. A distance to be measured from the lowest land grade to the top of a flat roof, to the mean distance (between eaves and peak) of the highest gable on a pitched or hip roof, to the roof deck line of a mansard roof, to the uppermost point on all other roof types. The lowest land grade shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building. April 17, 2021 Dear Mayor, City Council, City Planner and Planning Commission of Shorewood: We, Tod and Bonnie Carpenter, are the new owners of the property located at 26050 Birch Bluff Road, Shorewood, Minnesota 55331. We respectfully request a variance to the hardcover allowance on our property for 1.84% or 395.5 square feet - our proposed rain- water runoff mitigation/infiltration system reduces our effective hardcover to 7.09%, significantly lower than the requisite 25%, as shown on the supporting documents. Also, due to the recent clarification in height restrictions, we are requesting to be held to the interpreted standard that was in place on December 29, 2020 upon purchase of the lot and January 12, 2021 - met on site w/KHP along with Peter Eskuche, and subsequent design commencement with Eskuche Design Group. Current situation We have been Minnesota residents for the past 27 years. We are both in our early 60's and are planning our retirement years. We have3 children and 4 grandchildren- 3 boys and 1princess - and one on the way (boy) We are a tall family. I am 6'7" and my wife 5'10" with 2 of 3 children 6'2 or taller, including our daughter, and so far, 2 of our grandchildren projected to be at least 6'9". With a tall and continuing to grow family, we decided a larger space would help family gatherings and enhance our retired years. Grandchildren and a lake experience appeal to us. After looking at several homes for sale we concluded we would like to build rather than buy an existing home and that Shorewood's expansive lake views and all the city offered were our preferred choice. In short, we decided to build our dream and ultimately "toe tag" home in Shorewood on Lake Minnetonka. We entered contract to buy the property in December 2020 and became owners in February 2021. We look forward to gatherings with friends, but mostly, with our family. Important question responses 1) The variance, and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes and intent of the zoning regulations. We are not seeking excessive permissions outside the normal expectations around construction and use of a lakeside single-family residence. What we aim to accomplish is very much in harmony with the intent of the zoning regulations. 2) Practical difficulties: (a) Hardcover: Like most of us, as we age into and through our retirement years, we want to go about our day-to-day living on a single level of our home while providing space for visiting family, friends and guests. Having our master bedroom suite on the main level along with our intended entertaining spaces is part of this design. This one-level living has caused the footprint to expand outside the maximum allowable hardcover limits on this narrow lot. The water run-off mitigation system we have proposed brings the effective hardcover to 7.09%, well below the maximum allowed. All of our proposed uses are reasonable and within normal expectations of a lake front property. All set-backs will be complied with. (b) Height: As we searched for a property that would afford us the lifestyle we desired as we enter and age through our retirement years, we decided upon this lot and the possibilities it presented. We purchased the lot and designed the home to meet our desired current and future lifestyle. As we worked with our Architect to design our dream home, it was discovered that a zoning rule defining the point at which the overall building height is measured from was This resulted in our newly designed home being modified January 7, 2021.) This has a dramatic negative impact on the design we have developed, which was within the presumed allowed maximums given aware of this recent clarification. If this had been known, we may have chosen a different lot on which to build. As I previously noted, we have a tall family, the design takes that into consideration, we have 9' ceilings in the Lower Level, 10'-6" ceilings on the main level and 9' ceilings with sloping ceilings in the dormered areas, a living in the roof effect. We have also designed an architecturally congruent design that is traditional in nature and patterns itself into a practical shingle style lake home. The way in which the newly revised height restriction reads would preclude us from having much of a sloped roof, which takes away all the character and aesthetically correct scale and form that a shingle style home would normally portray. When one calculates the 3 levels of design as I have noted above along with the idea of adding a ceiling to floor dimension between floors of 2' you end up at 32.5 feet in height and we do not have a roof on the home yet. It is our belief that the intention of the ordinance was not to cause nearly flat roofed homes or homes to not be able to accomplish a walk-out Lower Level unless one has a flat roof. We hope that the practical understanding of the function and the architectural form would be allowed to play out to cause the home to be used as intended inside with ceilings that make sense for the occupants and for the design to be able to play out in the beauty of the style we and our architect have chosen to pursue. We hope that you agree that what we are doing is not outside of the norm. (c) None of our proposed variances will have any negative effect on our neighbors, the surrounding area or the general public. Our proposed new home will beautify and enhance the aesthetics and value of our neighborhood. 3) The variance would not be based exclusively on economic considerations: Our requested variances are not at all economically based. Our only basis for these requests is to accommodate our intended current and future use and lifestyle. 4) The variance shall not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion on the public street or increase the danger of fire or endanger the public safety. Our requested variances will have no negative impact on our neighbors, the City of Shorewood or the general public. 5) The variance, and its resulting construction project, would not be detrimental to the public welfare, nor would it be injurious to other lands or improvements in the neighborhood. Our requested variances will have no negative impact on our neighbors, the City of Shorewood or the general public. 6) The variance is the minimum variance necessary to address or alleviate the practical difficulties. Our requested variances do not exceed that which is necessary to accommodate our desired current and future lifestyle and is only what is needed to alleviate the practical difficulties as outline above. We appreciate your attention and consideration to our variance request. We hope our explanation and request meets your approval and is subsequently granted authority to proceed. Respectfully submitted, Tod Carpenter April 20, 2021, Revised May 11, 2021 Conditional Use Permit, Narrative Re: 26050 Birch Bluff Road, Shorewood The construction of the new home at 26050 Birch Bluff Road requires that we import approximately 500 cu. yds. of fill, in excess of the 100 cubic yards stipulated in City of Shorewood Regulation 1201.03, Sub d 8 (a) Land Reclamation. All excavation and fill activities will comply with City of Shorewood Regulation 1201.26 Sub d 7 (b) Shoreland Alteration; Grading and Filling. The proposed fill is necessary to provide adequate foundational strata upon which to construct the new home. This fill will provide enough level ground to facilitate the proper construction of a safe, accessible driveway and a flat building pad. The fill also allows us to more closely comply with newly altered building height restrictions and helps to mitigate a depression that would be formed between our driveway and the driveway/parking area of our neighbor to the east. 1. Our proposed use is consistent with all policies and provisions. 2. Our proposed use will not depreciate or in any way negatively impact the surrounding area. 3. Our proposed use will have no negative impact upon any City of Shorewood capacities or services. 4. Our proposed use will have no negative impact upon any general public welfare or safety. 5. Our proposed use will be compliant with all applicable City of Shorewood codes, regulations and ordinances. 6. Our proposed fill and grade operation will take approximately two to three days. 7. Our haul-route (highlighted illustration attached) will be Highway 7 to Eureka Road, North to Smithtown Road, West to Eureka Road, North on Eureka Road to Birch Bluff Road, west to 26050 Birch Bluff Road. This route will be used in reverse for the return trips. 8. Dust control will be maintained by manual watering on-site as needed. Streets will also be cleaned as needed at the end of day of fill and grade operations. Thank You, Kyle Hunt Marie Darling From:McDonald <p.m.mcdonald@usfamily.net> Sent:Sunday, May 2, 2021 2:40 PM To:Marie Darling Subject:RE: Amendments to the Sign Regulations Thank you for sending this information. I was unable to open the Staff Report document as it appeared to be damaged, however the minutes were readable. Just a comment regarding the setback of ten feet. Many places in the city have a drop-off or ditch close to the road that would prohibit placing any campaign signs with that amount of setback. I have a proposal for signs that I would like the City to consider. Since we don’t have sidewalks, and we love to walk, it is important for people to be aware of traffic on the road when they are walking. Many people walk with their backs to traffic and with some kind of headphones on. If pedestrians walk facing traffic, on the left side of the road, that would enable awareness of oncoming cars. During my lifetime I’ve heard of people being injured, even death, because of a lack of awareness of traffic. A sign that says “Pedestrians Keep Left” would encourage awareness of safer ways to use the roadways. Of course what I’m proposing is a traffic sign (like a No Parking sign). I hope that this is something the City of Shorewood could do to help people protect themselves. Best Regards, Pam McDonald From: Marie Darling \[mailto:MDarling@ci.shorewood.mn.us\] Sent: Thursday, April 29, 2021 4:24 PM To: Marie Darling <MDarling@ci.shorewood.mn.us> Cc: Emma Notermann <ENotermann@ci.shorewood.mn.us> Subject: Amendments to the Sign Regulations I was very excited to hear that you are interested in the proposed ordinance amendments. However, I wanted to let you know that I will be requesting a continuance of the review of the sign amendments to the June 1 Planning Commission meeting. The Planning Commission won’t have a draft to review but they will be opening and continuing the public hearing. If you want to come and request the opportunity to speak on this topic, you can do so. You are also welcome st to come to the meeting on June 1. The links to the May meeting will be available on the city’s website late Tuesday afternoon, typically before 6:00 p.m. Because you requested for information on what has been discussed so far, I have attached a copy of the original staff report and the minutes from the April planning commission where the amendments were discussed generally. Please let me know if you have any questions. Marie Darling Planning Director 952-960-7912 mdarling@ci.shorewood.mn.us City of Shorewood 5755 Country Club Road 1 Shorewood, MN 55331 MN Data Practices Notification: Pursuant to MN Data Practices Chapter 13 all government data including email communications is presumed to be public unless there is a specific state statute, federal law, or temporary classification that classifies it otherwise. www.ci.shorewood.mn.us 2 CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 6, 2021 Page 6 of 10 6. NEW BUSINESS A. Sign Ordinance Update – Discussion on Political Signs Planning Director Darling explained that this item is also a staff-initiated item regarding text amendments for political signage. She stated that one of the priorities that the Council set for themselves and the Planning Commission this year was to review and consider amendments of the political sign regulations and noted that of concern specifically were the number and proximity of campaign signs to the streets. She stated that it is a complicated issue and there are a number of State statutes that give the City some requirements for what is allowed. She read aloud the State statute and the City’s sign regulation language. She stated that the language is similar but has two separate standards that apply to all elections which causes confusion about when the City can apply their standards and when they cannot. Staff is proposing that the code be changed to be more clear when the non-commercial signs can be put up before all elections. She reviewed the recommendations from staff that they would like the Planning Commission to consider. Commissioner Eggenberger asked about regulation of non-commercial signage and whether the City can regulate where they are placed. Planning Director Darling stated that the City can impose location requirements. Councilmember Callies stated that she thinks it is a good idea to have the language be consistent with the State law but thinks that 15 feet from the edge of the pavement is not practical for most areas of the City and would basically prohibit any campaign signs being visible. Commissioner Huskins stated that he would agree that a 15-foot setback seems a bit excessive, but his concern was that it may have the unintended consequence of having people place larger signs in order for them to be visible. He stated that he would prefer smaller signs in the neighborhoods. He asked if a campaign would be allowed to have signage for an event if they got a permit to hold a rally on public lands. Planning Director Darling stated that she would have to review that information and noted that there are very few signs that organizations can put up during events. Commissioner Huskins stated that the proposed language states that the City would have the right to remove the signs that are in violation. Planning Director Darling clarified that this is would either be in the right-of-way or on public land. She stated that if there were violations on private property, the City would notify the property owner. Commissioner Gault commented that he was not sure if residents understood the regulations surrounding nameplate signs and substitution of non-commercial signs. Planning Director Darling stated that nameplate signs seem to be going away and very few homeowners even have them anymore. Commissioner Riedel asked if Commissioner Gault was asking if someone, under this ordinance, would be permitted to put up a non-conforming sign simply because it contains non-commercial speech. He stated that he does not think that is the case and people cannot put up a fully non- conforming sign. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 6, 2021 Page 7 of 10 Commissioner Gault stated that he agreed, but feels this language says they can substitute their nameplate sign with a non-commercial speech sign but cannot have both. st Commissioner Riedel stated that he would agree and feels that this is a 1 Amendment issue that if you are allowed to write something, then you are allowed to write anything. Chair Maddy stated he has the same concern because you can have a sign that says, “Vote for Joey”, but cannot have a sign that says, “Eat at Joey Nova’s”. He stated that he would like to stay as far away from this as possible. Commissioner Riedel stated that he would not want to go further than the City has to with this st issue and would like to do the minimum to avoid 1 Amendment issues. Chair Maddy stated that State law dictates what the City has to do and asked why the City would not just match their language and not touch any restrictions. He stated that he did not think the City has had a problem with excessive signage. Planning Director Darling stated that the City can match the State law exactly, except State law does not apply to things like school board elections or municipal elections that would happen in non-State general election year. She stated that she thinks that there should be rules for those instances as well. Chair Maddy suggested having the school board and other elections match the framework of the State election language and just leave it at that. Planning Director Darling stated that would be fine. Commissioner Gault suggested that it just refer to ‘public elections’. Planning Director Darling clarified that there have been complaints about the number of signs and how close they were which is why the Planning Commission was directed to take a look at this issue. Commissioner Gault stated that he would go to the free speech issue that if he can say one thing, he should be able to say it 100 times or be able to say 100 different things. Commissioner Huskins stated that the State language does not appear to say anything about setbacks. He stated that if the City simply takes the State’s language, he does not think that would be sufficient. Chair Maddy asked if the setback issue was because of traffic and visibility concerns. Planning Director Darling stated that there could be visibility issues which is why she thinks there has been a setback included. She stated that she thinks it was that there were so many, so close to the street, that there was a concern that it would be a distraction. Commissioner Riedel stated that he thinks a setback is helpful and becomes an issue when there are complaints if there is a specific hard number to point to, then it becomes less of a subjective issue. Just stating that signage is not allowed to interfere with visibility opens it up for discussion and interpretation. He stated that he thinks a 15-foot setback is excessive and would suggest something like 5-10 feet. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 6, 2021 Page 8 of 10 Chair Maddy stated that he does not want to dictate how many feet back a sign can be. He stated that it is not blocking the view of traffic, he would prefer the City just stay out of it. Commissioner Gault stated that it has to be on private property so whatever number that would be forces there to be a setback. He stated that then this raises the question of whether the City allows it at the property line. Planning Director Darling asked what would be done when the property line is in the middle of the street. Commissioner Gault stated that some common sense needs to be used and people cannot put any sign where it will obstruct traffic either for pedestrians or vehicles. He stated that the speech he wants to promote on his private property is whatever he wants it to be and the City has no constitutional ability to stop that unless he would advocate for violence or something. He stated that he does not have a concern with the number of signs, but does have a concern with someone putting up a 10 x 12 sign at an intersection where it will obstruct visibility. Commissioner Eggenberger stated that the trouble with that, without using a setback, is people just saying, ‘oh, well that doesn’t obstruct traffic’ and it is just an opposing discussion without a tangible solution. He stated that if there is a setback then it is clear when things need to be moved and when they do not. Commissioner Riedel stated that the more he thinks about this, the more he agrees with Chair Maddy. A setback onto private property could actually be challenged. He stated that a public right-of-way is one thing, but an individuals property is their property and a setback in this situation would be somewhat arbitrary. Commissioner Eggenberger stated that all of the City codes could be considered somewhat arbitrary and listed a few examples. Chair Maddy stated that to paraphrase, it appears that what the Commission wants to do is not push any values and let people speak. He stated that the setback issue is interesting because there are good arguments on both sides. Commissioner Huskins stated that he would agree with Commissioner Gault and thinks that a setback will help clarify and reduce some of the subjectivity that would otherwise occur. He stated that he believes a ten-foot setback is reasonable. Commissioner Eggenberger stated that he would agree with Commissioner Huskins. Planning Director Darling asked if they meant ten feet from the edge of the road or ten feet from the front property line. There was a consensus that the measurement would be from the edge of the road. There was consensus to follow the State guidelines for all public elections for signs to be posted 46 days before the election. Commissioner Huskins stated that he prefers the terminology ‘non-commercial speech’ versus ‘campaign signs’. Commissioner Riedel asked what type of sign is permitted year round with or without a permit. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 6, 2021 Page 9 of 10 Planning Director Darling stated that most small signs, such as nameplates and the small signs that stick in the ground do not require a permit. Nameplate signs are allowed in any residential district, so there can also be a non-commercial speech sign of the same size, subject to the same setback requirements at any time in the year. She clarified that people get to have one sign and can choose to use it for their name or some other non-commercial speech message. She thanked the Commission for their input and stated that she will bring this back to the Commission at a future date. Btl!MND!}!Vq!gps!Ejtdvttjpo Dbo!Djujft!Qspijcju!Dbnqbjho!! Tjhot!boe!Gmbht@ Djuz!Sfhvmbujpot qptufst/!Uif!V/T/!Efqbsunfou!pg!Mbcps!pggfst!b!tjuf!uibu!ifmqt! Ep!djujft!ibwf!uif!bvuipsjuz!up!qspijcju!dbnqbjho! efufsnjof!xijdi!qptufst!zpv!offe!bu!iuuqt;00xfcbqqt/epm/ R hpw0fmbxt0qptufst/iun/!Boe!uif!Njooftpub!Efqbsunfou! ! 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