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10 05 2021 Planning Commission Agenda Packet CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY OCTOBER 5, 2021 7:00 P.M. A G E N D A CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE MADDY (SEPT) ______ EGGENBERGER (DEC) _ _ GAULT (AUG) ______ RIEDEL (NOV) ______ HUSKINS (OCT) ______ COUNCIL LIAISON JOHNSON (JUL-DEC.) ______ 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES  September 7, 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) Registered Land Survey, Variances and Special Home Occupation Permit Applicant: Peter & Marie Lehman Location: 21265 & 21285 Radisson Road B) Conditional Use Permit Applicant: Ben Becker Location: 6180 Cathcart Drive C) Comprehensive Plan 2040 Amendments to the Land Use Map Applicant: City of Shorewood Location: Multiple 5. NEW BUSINESS A) Variance Applicant: Gianfranco & Bonnie Cuneo Location: 26020 Birch Bluff Road B) Variance Applicant: City of Shorewood Location: 5655 Merry Lane 6. OTHER BUSINESS – None Planning Commission Meeting Agenda Page 2 7. REPORTS A) Council Meeting Report B) Draft Next Meeting Agenda 8. ADJOURNMENT c:\\users\\chris.hopp\\desktop\\lehman rls 20.02069\\lehman preplat_2021.dwg07/09/21 Save Date: Shorewood, MN KMK CMH Web: www.ulteig.com LEHMAN'S ADDITION 20.02069 1 07/09/2021 Shorewood, MN 55331 21265 Radison Road of Peter & Marie Lehman PRELIMINARY PLAT 1 2.3.4.5.PROJECT NO.:DATE: REVISIONS 1.DRAWN BY:REVIEWED BY: PETER & MARIE LEHMAN ~ r o f ~ JY D A O R N O S S I D A R PRELIMINARY REGISTERED LAND SURVEY 432 BA 129'515/32" Galvalum GalvalumRidgeFlashing Ridge Flashing 1 SMR1:Prefinishedsheetmetal,standingseam SMR1: Prefinished sheetmetal, 630W.4thStreetDuluthMN55806 standingseam www.salmelaarchitect.com R1 12" / 12" Iherebycertifythatthisplan,specification,or Snowguard Snowguard reportwaspreparedbymeorundermydirect supervisionandthatIamadulylicensedarchitect Roof Roof E1 underthelawsoftheStateofMinnesota 117'9" 117'9" 1'4" 1'4" 1'6"1'6" DavidSalmela,FAIA 08.24.2021 RegistrationNo#18009 0" 0"0" W6060W6060W6060W6060 W4848W4848W4848W4848 5' 4'4' 0" W8484W8484 EGRESSEGRESSEGRESSEGRESS 7' EGRESSEGRESSEGRESSEGRESS 4"4" 0" 2'2' 2' Floor2 Floor2 E1 109'77/8" 109'77/8" E3 0" W2424 0" W4848W4848 2' 4' 0" W4848 SAFETY 0" 0" EGRESS EGRESS E2W84842CW84842CW84842C2C 01 W8484 03 4' 7' 7' 6" EGRESS 0" 4' 0" 3' SAFETY SAFETY 2'Floor1 Floor1 E2 100'0" 100'0" Footing Footing 95'10" 95'10" WESTELEVATIONSOUTHELEVATION 12 A301 A301 1/4"=1'0"1/4"=1'0" 234 AB Galvalum GalvalumRidgeFlashing Ridge Flashing 1 SMR1: Prefinished SMR1:Prefinishedsheetmetal,standingseam sheetmetal, standingseam 12" R1 BECKER / 12" Snowguard Snowguard E1 RoofRoof 6180CathcartRoad 117'9"117'9" 1'6"1'6" Shorewood,MN E1 1'4" 1'4" 0" W3636 0"0" W2424W3636 3' 0"0" 6" 2'3' W4848W4848W4848W4848W4848 REVISIONS: W3030 4'4' 2' EGRESSEGRESSEGRESSEGRESSEGRESS No.DescriptionDate 0"0" 6" 0" 0" W8484W8484 4"4" 4'4' 3' 7' 3' 2'2' Floor2Floor2 109'77/8"109'77/8" 10" 0"0" W2424W2424 2'2' 0" W4848W4848 19'025/32" 4' SAFETY 0" EGRESSEGRESS CUPSET 2C2CW84842CW84842CW8484E2 02 7' 0"0" 5'5' 0" E2 08.24.2021 E2 3' Floor1Floor1 EXTERIOR 100'0"100'0" ELEVATIONSHOUSE FootingFooting 95'10"95'10" A301 EASTELEVATIONNORTHELEVATION 43 A301A301 1/4"=1'0"1/4"=1'0" 3 A301 50'0" 3'0"7'0"1'0"7'0"1'0"7'0"1'0"3'2"1'0"4'0"6"4'0"3'4"2'0"5'0" 630W.4thStreetDuluthMN55806 E1 02 A W8484W8484W8484W4848W4848W2424 www.salmelaarchitect.com B 0"B 1' Iherebycertifythatthisplan,specification,or A5016" 2 10 2" 3' UP A401 03 reportwaspreparedbymeorundermydirect 1 6"6" ENTRY 3' A5012 10 6'6' 85SF 0" BATHROOM supervisionandthatIamadulylicensedarchitect 0" W2424 11 0" 2' 1' 41SF underthelawsoftheStateofMinnesota 2' I1 11 DavidSalmela,FAIA 0" Refrigerator I1 2' 08.24.2021 RegistrationNo#18009 0" W8484 8x8Posts 10'6"8'0" 7' 3E1 wrapped 0" 1 inpainted2x8 D 4 0" boards A301 LIVING/DINING 20' A301 A5014 14 4'KITCHEN I3 500SF 13 5 0" 188SF 6"6" 1' 0" 13'13' 3' 0" W4848 MECHANICAL 4' 6 12 92SF A501 10'0"3'0"2'0" 10" E3 2' AA 01 W8484W8484W8484W4848W4848W2424 E1 4'6"10'10"3'0"7'0"1'0"7'0"1'0"7'0"1'0"3'2"1'0"4'0"6"4'0"3'4"2'0"5'0" 31 A401A401 2 A301 4321 2 Floor1 2 A202 1/4"=1'0" 3 A301 1 4'6" BB 4" BECKER 1' 2 A401 6180CathcartRoad Shorewood,MN 4"0" 1 1 18"dia. 1 4 REVISIONS: concretepiers A301 17'20' A301 w/36"x36"x 12"footings No.DescriptionDate 4" 1' AA CUPSET 4'6" 1 08.24.2021 15'4"50'0" HOUSEPLANS 3 1 A401A401 431 A202 Footing 1 A202 1/4"=1'0" 630W.4thStreetDuluthMN55806 www.salmelaarchitect.com 6" 1' BB Iherebycertifythatthisplan,specification,or 2 reportwaspreparedbymeorundermydirect A401 supervisionandthatIamadulylicensedarchitect 12" / underthelawsoftheStateofMinnesota 12" DavidSalmela,FAIA 08.24.2021 RegistrationNo#18009 0" R1 20' 12" / 12" AA 6" 1' 1'4"65'4"1'4" 3 1 A401 431 A401 Roof 2 A203 1/4"=1'0" 3 A301 65'4" 6'4"4'0"1'0"4'0"1'0"4'0"1'0"4'0"1'0"7'0"1'0"7'0"1'0"4'0"1'0"2'6"6'6"3'0"6'0" E W4848W4848W4848W4848W8484W8484W4848W3030W3636 BB 6"6" BECKER E1 2 0" 2'2' A401 9"I3 4' 7 5' 0" 9'9"4'6"3'0"6'9" W3636 A501 15'4"11'0"15'0" 3' BATH 6"28 0" 27 67SF W8484 I1 3' 7' I1 9" 6180CathcartRoad 2122 I1 HALL I1 3' I12" Shorewood,MN 21 11 292SF 6' 2426 0"0" 25 0" TVROOM 1 4 E1 22 A501 A301I3 1' 20'20' A301 REVISIONS: 281SF I3 8A5019 10 0" No.DescriptionDate W2424 MASTER 2' MASTER 6" BATHROOM 0" BEDROOM W8484 24 6" BEDROOM 12'BEDROOM I1 7'23 95SF 25 BEDROOM? 26 145SF 10' 86SF 27 87SF 88SF 4" I1 I1 6' 23 15'7"12'9"8'9"9'3"9'3"9'9" 6" E1 2' 65'4" AA W6060W6060W6060W6060W4848W4848W4848W4848 CUPSET 1'0"1'0" E1 2'51/2"5'0"1'0"5'0"3'11/2"5'0"1'0"5'0"4'6"4'0"2'0"4'0"8'6"4'0"2'0"4'0"4'9" 08.24.2021 15'4"42'0"8'0" HOUSEPLANS 65'4" 31 2 4321 A401A301A401 Floor2 1 A203 1/4"=1'0" A203 #2 MEETING TYPE Worksession City of Shorewood Council Meeting Item Title / Subject: 2040 Comprehensive Plan Discussion Meeting Date: November 23, 2020 Prepared by: Marie Darling, Planning Director Attachments: NAC Response Letter to Metropolitan Council Strikeout/Underscore Version of Land Use Chapter Final Draft Version of Land Use Chapter A copy of the 2040 Comprehensive Plan sent to the Metropolitan Council last summer is available on the City’s website Background: The City’s consultants have finalized the revisions necessary to resubmit the Plan to the Metropolitan Council. For most of the revisions, the changes are minor; and staff did not include a full copy of the plan for your review this evening. The most significant changes to the Comprehensive Plan were made to the land use chapter, with those changes repeated in the housing chapter. Due to the length of the Chapters and the amount of repetition, staff did not include the housing chapter language in your packet this evening. The significant changes to the land use chapter include amending the land use map and the text in the following areas per the previous Council direction:  19905 State Highway 7: A paragraph was added within the text of the land use chapter indicating that this site is a mixed-use site. (P. 115 of the strikeout/underscore version of the land use chapter)  23400, 23425 and 23445 Smithtown Road were changed from Commercial to High Density Residential  Changes to the tables throughout the chapter to be consistent with the land use map. The Metropolitan Council’s direction was to add enough locations to produce 155 dwelling units and 48 units of affordable housing. Both need to be at a density of 5 units per acre or greater. Using the Metropolitan Council’s calculations, these sites, plus other properties classified for a density over five units to the acre would produce 95 of the required dwellings including 30 of the required 48 affordable housing units. In a meeting held between the Mayor, City Staff and the Metropolitan Council staff and appoint representative, the Met Council staff also told the City that the city could be complete but not compliant in this regard. However, staff could also include the Shopping Center at Hwys 41 and 7 as a mixed-use site, which would bring the numbers even closer to meeting the requirements. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\\Planning\\Comprehensive Plan\\Comp Plan 2019\\Council Action\\20 11 23 Worksession Cover.docx Page 2 Staff would like direction on the following: 1. Are the changes that were directed by Council adequate as shown on the map? Or should staff include the shopping center property at Hwys 41 and 7 as mixed use to approach the original direction of the Metropolitan Council? 2. Level of review with the public: The changes to the land use map are not required to be reviewed again by the public. However, they are substantial changes and staff recommends allowing some public notice and public comment, even if it is a generic notice regarding the review of the final document changes. Notice also could include the City of Excelsior, residents within 500 feet of the affected properties, etc. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 23, 2020 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Zerby called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Administrator Lerud; Planning Director Darling; Director of Public Works Brown; City Engineer Budde, and Nate Sparks, Northwest Associated Consultants (NAC) Absent: None B. Review and Adopt Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Roll Call Vote: Ayes – all. Motion passed 5/0. 2. Comprehensive Plan Discussion Planning Director Darling explained that the City’s consultants have finalized the revisions needed in the 2040 Comprehensive Plan. She stated that most of the changes are relatively minor. She stated that staff wanted to have one more informal meeting to discuss the more substantive changes needed in the Land Use map. She stated that the Met Council had sent back the Comprehensive Plan to the City stating that there needed to be more opportunities to produce one hundred fifty-five more dwelling units including more opportunities to provide forty-eight more units of affordable housing. She noted that the City already held public hearings on the Comprehensive Plan, however there will be changes made to the Land Use map, which infers some property rights. She stated that she feels it may be appropriate to notify property owners within five hundred feet of the properties proposed as changes and staff will also meet individually with the property owners. She noted that staff is looking for direction from Council on whether they would like them to hold a full public hearing at the Planning Commission or if bringing the changes to the December 14, 2020 Council meeting would be adequate. Nate Sparks, NAC, gave an overview of the information included in the Comprehensive Plan and explained how the City made the calculations. He gave a brief explanation of the staging plan and noted the possibility of certain areas being designated as mixed use in order to come up to the numbers determined by the Met Council. He stated that some of these areas could be included but the likelihood of them actually being developed is questionable because some of them are fairly successful business areas where the economic incentive for this is not necessarily present. He reviewed the proposed changes in the Comprehensive Plan surrounding affordable housing. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 23, 2020 Page 2 of 4 Councilmember Johnson noted that he is inclined to include parcels seven and forty-one as mixed use. He stated that he would support taking out the Shorewood Yacht Club property as well as the ones across Smithtown. Planning Director Darling noted that the parcel shown is the dredging company. Councilmember Siakel stated that she thinks it makes the most sense to put the most density along corridors. She asked about the businesses off of Vine Hill Road and asked if that was considered mixed use. Councilmember Johnson stated that he believes that this is mixed use and would consider from Valvoline to Holiday as potential mixed use. Mayor Zerby stated that he would go further to the self-storage facilities. The Council discussed the issues related to access for the dredging company. Councilmember Johnson stated that he would like to clear up the border issues with Excelsior and then revisit this topic. Councilmember Labadie stated that she would agree with Councilmember Johnson and asked Planning Director Darling for her opinion. Planning Director Darling stated that the reason the dredging company was originally included was because the property owner is interested in redeveloping it for residential uses and have been softly marketing the property. Councilmember Labadie asked if that would cause issues with the neighboring property that is divided between two cities. Planning Director Darling explained that the complication would be more of a social complication rather than a land use complication. Mayor Zerby noted that this is a long-range plan and not for the next year or two. He stated that he thinks this is a City-wide topic and deserves public input. He stated that he would propose a public hearing at the Planning Commission and invite residents to give their input. Councilmember Sundberg stated that she agreed and asked if the resident comments would be shared with the Met Council. Planning Director Darling stated that her understanding is that if it is a public meeting, the comments have to be shared with Met Council. Councilmember Sundberg stated that she thinks it would be good for the Met Council to get the public comments. Councilmember Siakel stated that she disagreed about holding a public hearing, because this has already been provided to the public and there has not been much feedback surrounding redevelopment. She stated that the City rarely has anybody give feedback and the Comprehensive Plan is usually used as a reference to prevent change or as opposition to a CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 23, 2020 Page 3 of 4 development. She stated that she thinks a public hearing at the Planning Commission will create more work for staff with the ultimate result being the same as if they had not held the public hearing. She stated that she is comfortable moving forward at a Council meeting. Mayor Zerby stated that he disagreed because the information being reviewed tonight is new and the public has not seen this yet. Councilmember Siakel reiterated that she does not think the results will be any different. Councilmember Labadie stated that she agreed with both Mayor Zerby and Councilmember Siakel. She stated that she does not think the result will be any different, but feels the right thing to do is to make the process transparent and give people the opportunity to give feedback. Councilmember Sundberg stated that she does not see any harm in proceeding with a public hearing. Councilmember Johnson suggested that Planning Director Darling put a blurb in the newsletter. He asked if the Council wants to consider adding the adjacent parcels along the Highway 7 corridor and noted that including these properties may get the City where they need to be according to the Met Council. Mayor Zerby stated that he does not like the phrase “need to be” and noted that the City has spoken with the Met Council who indicated that it would be all right if the City submitted a proposal that did not meet all of their requirements. He stated that he thinks the numbers are a bit arbitrary and thinks the City does not need to strive to get where it “needs to be”, but just to do the right thing. Councilmember Johnson stated that when he drives by that area, he thinks it would be a great place for a restaurant with some apartments above. Mayor Zerby stated that he would agree, but feels the intersections need to be examined more thoroughly. Planning Director Darling asked if the Council would like staff to add a ‘Mixed Use’ category and include them on the map or just continue keeping them in the text of the document. Mr. Sparks stated that if the City created something that allowed mixed use in commercial areas, it would meet what the Met Council says the parameters are for the City. He stated that they would also define what the City considers mixed use and could potentially reject sites that don’t work because of transportation or access issues. He noted that there are both vertical and horizontal options for mixed use and gave examples of horizontal mixed-use projects in the City of Mound. Councilmember Johnson stated that he would support that idea. Mayor Zerby stated that he likes the idea of adding a percentage to the amount of commercial and residential allowed as suggested by Mr. Sparks. Councilmember Johnson asked if there was a conclusion around including the dredging company. CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES NOVEMBER 23, 2020 Page 4 of 4 There was Consensus from the Council to include the dredging company. Planning Director Darling asked if the Council was comfortable including the Garden Patch site and the small storage building. There was Consensus of the Council to include those locations. 3. ADJOURN Johnson moved, Sundberg seconded, Adjourning the City Council Work Session Meeting of November 23, 2020, at 6:36 P.M. Roll Call Vote: Ayes – all. Motion passed 5/0. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM TO: Shorewood Planning Commission and City Council FROM: Nate Sparks, Consulting Planner DATE: July 29, 2021 RE: Shorewood - 2040 Comprehensive Plan BACKGROUND Based on Metropolitan Council comments, a revised version of the Land Use Plan chapter of the draft plan was created for review. The City Council reviewed the revisions at the November 23, 2020 work session. Based on the discussion at the work session, some minor modifications were made to meet the remaining requirements from the Metropolitan Council. PLAN CHANGES The Land Use Plan was slightly adjusted to include specific parcels that are identified for potential future development and the minimum number of housing units that can be provided (Pages 122-123). Some of the parcels are commercial in nature being reclassified as residential. Others are residential but have the land area and capacity for new development. These properties provide for new units that can be used to come close to meeting the required forecasts. Additionally, there was a new land use designation added to the plan, called “Commercial-Mixed Use.” This designation allows for the potential introduction of housing units to certain specified commercial areas. This allowed for the plan to provide the number of units and density required by the Metropolitan Council. The Metropolitan Council requested that the City provide 155 new units of housing at 5 units per acre. The plan now meets these standards. The Metropolitan Council also requested that the City provide 48 units at a minimum of 8 units per acre to qualify as meeting the affordable housing requirements. With the provided areas of high density and mixed use, the plan now meets this standard. RESPONSE TO MET COUNCIL The following is a summary of stated “required information” (necessary in order to deem the Plan complete) as well as a City response which describes the changes which have been made to the updated version of the Comprehensive Plan or provides related comments. WASTEWATER The City must include a copy or copies of intercommunity service agreements entered into with an adjoining community, or language that confirms the Council’s understanding that the communities reimburse each other for the municipal wastewater charges that each will occur by receiving flow from the adjacent community; including a map of areas covered by the agreement. Response. The agreements will be attached as Appendix G to the plan. The plan will reference reimbursement policies between the cities. TRANSPORTATION Transit. The Plan must be revised to include a full description of Shorewood’s Transit Market Areas (TMA), which include both TMA 4 and TMA 5, which includes the portion of the City west of Eureka Road. Response. The Transportation Section is updated to include references to all Transit Market Areas in the City on page 180. Advisory Comment The Plan should include reference to Metro Mobility or Transit Link in the transit section. Both are available in Shorewood, and the document should directly mention these dial-a-ride services. Response. The two dial-a-ride services mentioned above have been referenced in the Transit section of the Plan on page 180. Bicycling and Walking. The Tier 1 and 2 Regional Bicycle and Transportation Network (RBTN) corridors / alignments must be mapped in the Plan. The RBTN could be added to the local park and trail system map or provided in a separate map identifying the. The RBTN GIS file can be located here: https://gisdata.mn.gov/dataset/us-mn-state-metc-trans-regional-bike-trans-netwrk. 2 Response. The proper Regional Bicycle and Transportation Network corridors/alignments are illustrated on the updated Regional Parks and Trails map on page 46. PARKS The Plan must describe, map and label the Lake Independence Extension Regional Trail Search Corridor. A description of the Lake Independence Extension Regional Trail Search Corridor is available on page 34 of Shorewood’s 2015 System Statement, and available online at: https://metrocouncil.org/Communities/Planning/Local-Planning-Assistance/System- Statements/System-Statements/02395877_Shorewood_2015SS.aspx. A map of the Regional Parks System in the City, including the regional trail search corridor, appears on page 36 of Shorewood’s System Statement. City Response. The Regional Parks System map (prepared by the Metropolitan Council) which includes the Lake Independence Extension Regional Trail Search Corridor has been added to the Plan as a new map which illustrates regional Parks and trails in both the City of Shorewood and surrounding areas on page 46. The Plan must also include a capital improvement program for parks and open space facilities as part of the implementation section. City Response. The City’s capital improvement program, which includes specific programs for parks and open space has been attached to the Plan as Appendix C. FORECASTS The Land Use Chapter must include an analysis specifying what quantities of land will be developed over the next two decades, and at what densities. While the Plan includes a map of vacant and undeveloped land supply, estimated at 202 acres, there is not enough information in the Plan to determine that the land supply accommodates the growth forecast (155 additional households during 2018-2040). A housing capacity and staging table needs to be added to the Plan. City Response. The staging plan is on Page 123 depicting the number of units provided. Pages 122-123 depict the specific parcels with the future units associated. The Council requires some measure of employment-bearing land use intensity for commercial and industrial land uses to be added to the Plan. Acceptable measurements of intensity include Floor Area Ratio (FAR), or building footprint coverage, or jobs per acre, or setback and height restrictions. Any of these would meet the requirement of measuring of employment-bearing land use intensity. 3 City Response. The City is not increasing the commercial and industrial properties within the plan, as the City is currently meeting the employment forecasts. Advisory Comments Council staff find that recent employment growth and population growth have significantly exceeded what was expected in the current decade. The City can request that the employment numbers be increased with the Plan update. Council staff recommend adding +200, +300, and +400 population respectively to each of the 2020, 2030, and 2040 forecasts. The households number can remain as is. Further, we recommend resetting the employment forecast to 1,600 jobs for each of the future forecast years; Shorewood reached 1,600 jobs in 2018. Shorewood Census Previous Council Estimates Council staff Forecasts recommendation 2010 2020 2030 2040 2018 2020 2030 2040 Population 7307 7400 7500 7600 7693 7600 7800 8000 Households 2658 2800 2910 3000 2845 2800 2910 3000 Employment 1113 1300 1340 1400 1600 1600 1600 1600 Response. The City accepts the revised forecasts and uses these assumptions in the revised version of the Land Use Plan. LAND USE Community Designation. The Plan must include a map acknowledging the City’s regional Community Designation as Suburban. The Plan does acknowledge the overall density expectations for Suburban Communities at five units per acre, but the Community Designation Map is not included. The map is available on the City’s Community Page of the Local Planning Handbook. Response. The Community Designation map has been added to the Plan on page 111. Existing Land Use. The Existing Land Use table states 2016 land uses and the Existing Land Use map states 2017 land uses. This information must be consistent. 4 Response. The Existing Land Use table has been modified to be convey 2017 information such that the table and map are consistent and is included on page 127. Right-of-way is included on the table and not in the map legend. This information must be represented consistently. Response. Right-of-way has been added to the legends on both the Existing Land Use map and the Land Use Plan on pages 116-117. Future Land Use Land use categories must include types of allowed uses and include a description of allowable housing types such as single family, detached, duplexes, townhomes, etc. Response. The land use categories in the previously submitted version of the Plan and the revised Plan both reference types of allowable uses and housing types. Further clarification of this has been added on pages 118-120. The Plan must address missing information or resolve inconsistencies within the Plan regarding the density ranges for planned land uses. Response. This has been included in the revised Land Use Plan. There are no longer inconsistencies. It may be found on pages 118-120 The Plan should provide a table of identified redevelopment or new development areas that includes future land uses, acreages, density ranges, and total residential units in 10-year increments. o The narrative describes areas that could be developed for residential or a mix of uses and also need to identify a timeframe. o The narrative describes areas for potential high-density residential development and needs to assign a timeframe and depict these areas on a map. Response. A table with staging has been added to the revised Land Use Plan on page 123. For mixed used districts, the Plan must include estimates of the percentage of land that would be used as residential. 5 o These percentages should reflect the Plan’s flexibility in defining mixed use districts as either vertical mixed use (e.g., 100% residential with integrated non-residential uses) or some combination of a horizontal mix of uses (e.g., 50% of parcels developed as residential). o For example, the narrative describes two areas that could be developed with a mix of uses on page 114. The section should include the share and density ranges for those uses. Response. The description of the Commercial Mixed Use designation can be found on page 120. Advisory Comment Staff encourages the City to develop a table that simplifies and clarifies the future land use analysis and policy, and one that would fulfill the Plan requirements. Information could be added to the Existing and Proposed Land Uses table on page 120. These elements include the following: o Guiding land use o Acreage anticipated to develop o % of land anticipated to develop as residential o Timeframe (e.g., 2021-2030) Response. A revised land use table is included with a diagram showing parcels included for meeting the forecasts and is on pages 122-123. Density Calculations More information is needed to determine the average net residential density for the City. The Plan must Identify where forecasted residential growth will happen on the Future Land Use Map or a separate map showing expected new development and re-developed areas and focusing on areas of change. Show which planned land uses have changed from the City’s previously approved plan and where new land uses (change or development intensity) are planned/expected. This information must match the future land use table recommended above. Response. This has been included in the revised Land Use Plan. The City is delivering new development at the required levels (over 5 units per acre) as demonstrated on page 123. Staged Development and Redevelopment A staging table noting the number of acres potentially available for development within each 10-year planning period must be included in order to clarify the City’s 6 ability to meet the minimum required density for a Suburban Community of five units per acre. Response. A staging plan is included on page 123. Identify potential local infrastructure impacts for each 10-year increment. Response. The plan has been revised to account for this on page 169. Demonstrate that the City is capable of providing services and facilities that accommodate its planned growth in the included a capital improvement plan or similar document. Response. The capital improvement plan is attached as Appendix C. The staging plan or likely development phasing must be consistent with the volume of anticipated sewer flow identified in the City’s Local Comprehensive Sewer Plan. Response. This is revised in the Sewer Plan on page 194. HOUSING Existing Housing Need Plans must provide the number of existing housing units that are affordable within each of the three bands of affordability (less than 30% Area Median Income (AMI), 31-50% AMI, and 51-80% AMI). Response. The number of housing units for the three bands of affordability have been added to the Housing Plan on page 137. Plans must state the number of publicly subsidized or income-restricted housing units available within the City, even if that number is zero. Response. The number of publicly subsidized or income-restricted housing units available within the City, has been added to the Housing Plan on page 136. Plans must provide the number of existing households that are housing cost burdened within each of the three bands of affordability. Response. The number of existing households that are housing cost burdened within each of the three bands of affordability have been indicated in the Housing Plan on page 136. 7 Maintenance and senior housing options have been identified as existing housing needs. Once the missing data is provided, the Plan should consider if they reveal any additional existing housing needs. Once existing housing needs are clearly stated, a description of all widely recognized tools Shorewood would consider using to address those needs, and in what circumstances, is required for the Plan to be complete. Response. Within the Housing Plan, the description of housing tools has expanded in a manner similar to the example provided by the Metropolitan Council on pages 140-145. Projected Housing Need Land guided to address Shorewood’s 2021-2030 allocation of affordable housing is not sufficiently described for review. A staging table noting the number of acres available or likely to develop within the Medium Density Residential and the High Density Residential land uses in the 2021 decade is necessary to determine if sufficient land is guided to address Shorewood’s allocation. Response. As explained on page 137, the City is providing the affordable housing units in a manner consistent with regional policy. Implementation Plan The Plan must describe and provide policy direction on what available housing tools it is likely or unlikely to use with respect to identified housing needs. As a reminder, housing needs include those identified through the existing housing assessment narrative and the affordable units allocated between 2021 and 2030. This includes tools that are not locally controlled but require local support, application or administration to be successfully used. Tools mentioned by the Plan that don’t adequately describe the circumstances of their use include: o Tax Increment Financing o Hennepin County’s Affordable Housing Incentive Fund (AHIF) o Hennepin County HOME funds Referring to the Local Planning Handbook’s list of recognized housing tools does not meet the requirement to describe and consider available housing tools to meet identified housing needs. As a reminder, housing needs include those identified through the existing housing assessment narrative and the affordable units allocated between 2021 and 2030. Tools not mentioned in the Plan include: o Tax Abatement o Housing bonds 8 o Fair Housing Policy o Participation in housing-related organizations, partnerships, and initiatives (basically committing to ongoing education about housing tools available to meet housing needs) o City support or direct application to specific resources within the Consolidated RFP put out by Minnesota Housing o Preservation of naturally occurring affordable housing, including partnership with Homes Within Reach to create land trust homes in Shorewood, local 4d tax incentives, Housing Improvement Areas, and promoting/supporting/applying for resources to preserve naturally occurring affordable housing such as MN Housing, Greater Minnesota Housing Fund’s NOAH Impact Fund, and others. Staff has provided an example of another community’s housing implementation table that meets the requirements of the Metropolitan Land Planning Act and is consistent with Council housing policy, in case it is helpful. Response. As previously indicated, a description of housing tools is provided in the Housing Plan. The description is presented in a manner similar to that provided by the Metropolitan Council on pages 140-145. Advisory Comment Both pages 74 and 137 include policy direction to encourage owner-occupied housing. This policy could be considered exclusionary. Council staff encourage the City to consult with their attorney to consider if this statement leaves the City vulnerable to a Fair Housing complaint under the Fair Housing Act. Response. These comments were removed. WATER SUPPLY The City must attach the final local water supply plan template, as submitted to DNR, as an attachment to the Plan so that all components of the Plan are accessible together. Response. The plan has been attached as Appendix E. COMMUNITY WATEWATER AND SUBSURFACE SEWAGE TREATMENT SYSTEMS The Plan indicates that there are four individual SSTS and no public or privately- owned Community Wastewater Treatment Systems in operation in the City. Text on page 52 of the Plan states that SSTS locations “are shown on the map on the following page” of the document, however a map depicting the locations of operating 9 SSTS in the City was not found in the Plan. The Plan needs to be revised to contain the referenced map. Response. The ISTS map has been inserted into the Plan on page 56. The Hennepin County Plan indicates that the City has delegated the responsibility of permitting, inspection, maintenance management, and compliance enforcement of remaining SSTS in the City in accordance with Hennepin County Ordinance 19. The Plan is silent on this issue and needs to have text added to the Plan to either confirm that the County actively oversees the City’s SSTS program, or detail how the City oversees its SSTS maintenance management program. Response. This has been included on page 55. AGGREGATE RESOURCES The Plan is silent on the presence of aggregate resources in the City. The Council’s aggregate resources inventory information contained in Minnesota Geological Survey Information Circular 46 indicates there are no known viable aggregate resource deposits available for extraction within the City. The Plan needs to be revised to include this information. Response. Plan has been revised to state that there are no known viable aggregate resource deposits available for extraction within the City on page 18. IMPLEMENTATION Define a timeline as to when actions will be taken to implement each required element of the Plan. Response. This has been included beginning on page 233. The Plan must include a Capital Improvement Program (CIP) for transportation, sewers, parks, water supply, and open space facilities. Specify the timing and sequence of major local public investments. Response. The City’s capital improvement program, which includes specific programs for parks and open space has been attached to the Plan as Appendix C. The CIP must align with development staging identified in other parts of the Plan and include budgets and expenditure schedules. 10 Response. This has been included as Appendix C. Include your local zoning map and zoning category descriptions. Identify what changes are needed to ensure zoning is not in conflict with the new land use plan and consistent with regional system plans and policies. Response. The City’s zoning map and zoning district descriptions have been inserted into the Plan, followed by the zoning map. This is found on pages 22- 26. REQUESTED ACTION City Officials need to review the plan changes and direct Staff to resubmit the plan for final approval. 11 Marie Darling From:Kurt <khwehrmann@gmail.com> Sent:Monday, September 27, 2021 6:54 PM To:Planning Cc:Kristi Luger Subject:Land use changes 23400/23500 Smithtown Road Comments for the October 5, 2021 Shorewood Planning Commission Meeting RE: Parcels 23400/23500 Smithtown Road I am all for growth and higher density if it is planned well. However, I am very concerned about the existing access to West Lake Street from 23400 Smithtown Road. Prior to granting density changes two things must happen. The first is creating access for these properties directly to County Road 19. The second is closing the current access to West Lake Street indefinitely. Furthermore, the City of Shorewood, Metropolitan Council and the City of Excelsior need to ensure that the responsibility of both creating the County Road 19 access and closure of the West Lake Street access are in place in order to remove this burden from anyone who owns or develops this land. Your time is appreciated. Kurt Kurt Wehrmann 444 West Lake Street Excelsior, MN 55331-1749 iPhone: 612-968-6200 KHWehrmann@gmail.com 1 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 · 952.960.7900 www.ci.shorewood.mn.us · cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Emma Notermann, Planning Technician Marie Darling, Planning Director MEETING DATE: October 5, 2021 REQUEST: Variances to construct an attached garage and addition to an existing home APPLICANT: Gianfranco and Bonnie Cuneo LOCATION: 26020 Birch Bluff Road REVIEW DEADLINE: January 14, 2022 LAND USE CLASSIFICATION: Low Density Residential ZONING: R-1C/S FILE NUMBER: 21.25 REQUEST: The applicant requests a variance to allow a two-story addition to be located 10.3 feet from the west property line, where the code would require 15.7 feet. The combined side-yard setbacks would be 24.6 feet where 30 feet is required. Notice of this application and the public meeting was mailed to all property owners within 500 feet of the property at least 10 days prior to the meeting. The original request and notices also included a request for a variance to the impervious surface coverage, but the applicant was able to revise their application to construct the addition to maintain the current nonconforming situation. Page 2 BACKGROUND Context: The existing home was originally constructed around 1900 with multiple additions after that time. The lot was created as part of the Birch Bluff Upper Minnetonka subdivision recorded in 1881. The lot abuts Lake Minnetonka to the north and is within the shoreland district. There was a detached garage located roughly in the same location as the proposed and that was demolished in 2013. That garage was 5.3 feet from the east property line. The adjacent properties are all developed with single-family homes and zoned R-1C/S. Applicable Code Sections: Chapter 1201.03 Subd. 2.u. of the zoning regulations states that the maximum amount of impervious surface coverage on properties within the shoreland district is 25 percent of the lot area. Chapter 1201.26 Subd. 5.a. of the zoning regulations states that the combined side yard setback for lots abutting the water is 30 feet total with a minimum of 10 feet on each side. Nonconformities Since 2018, the previous property owners added a patio and fire pit improvement within the 50-foot setback to the OHWL at the top of steep slopes. The area must be returned to turf. The referenced patio and firepit are shown on the aerial photo. Other decks and improvements that were added between 1969 and 1989 may continue as legally nonconforming structures. Additionally, in 2013, the previous property owners received a zoning permit for an 8-foot by 15-foot shed on the south side of the driveway to store the contents of the garage. The survey indicates an 8 by 20-foot shed was constructed. Consequently, the shed is nonconforming as well. Staff will require both improvements removed prior to issuance of a permit. Impervious Surface Coverage The impervious surface coverage for the property is currently at 33.5 percent, where a maximum of 25 percent is permitted by the zoning regulations. The property has been over the allowed amount for some time and the City had approved some of the improvements that count toward the additional coverage and others pre-date any permitting or impervious surface coverage requirements. The applicant has designed their proposed addition so that the proposed improvements would not exceed the existing. Page 3 ANALYSIS The applicants’ narrative is attached and indicates that they propose to add an addition which contains an attached garage and living space on the second floor. The narrative indicates that the addition design necessitates the variance because of the constraints on the side yard setback. The house is located 14.3 feet from the east side yard, which requires that the west side yard setback be no less than 15.7 feet to reach the combined total side yard setback of 30 feet. The applicants have proposed 10.3 feet from the west property line, which is 5.4 feet less than required. The addition would include about a 900 square foot garage (three car garage with extra storage space) and mudroom on the lower level and recreational space/home gym above. Variance Criteria: Section 1201.05 subd.3.a. of the zoning regulations sets forth criteria for the consideration of variance requests. These criteria are open to interpretation. Staff reviewed the request according to these criteria as follows: 1. Intent of comprehensive plan and zoning ordinance: The property owner would continue to use the property for residential purposes and proposes no uses on the site that would be inconsistent with either the intent of the residential land use classification or the district’s allowed uses. 2. Practical difficulties: Practical difficulties include three factors, all three of which must be met. Staff finds that the practical difficulties for the property are related to the lack of a garage on a property in Minnesota and the presence of the home on the lot with multiple additions construction prior to modern zoning requirements. a. Reasonable: A garage is a reasonable use of the property. b. Unique Situation vs. Self-Created: This is a situation unique to this property. The applicants’ have purchased a home that was built prior to modern zoning and did not anticipate the need for attached garages, multiple vehicles per property or lake storage. c. Essential Character: Homes in the area have widely varying setbacks with many older homes constructed that do not have 30 feet of combined setback between the two side lot lines. The variance if approved, would not alter the essential character of the area. 3. Economic Considerations: The applicants have not proposed the variance solely based on economic considerations, but to provide a garage and living space that suits their family’s needs. 4. Impact on Area: The property owner is not proposing anything that would impair an adequate supply of air to an adjacent property, increase the risk of fire, or significantly increase the impact on adjacent streets. There was previously a smaller garage on the property in a closer to the lot line. 5. Impact to Public Welfare, Other Lands or Improvements: The applicants are not proposing anything that would negatively impact the supply of air to an adjacent property, increase the risk of fire or significantly increase the impact on adjacent streets. Page 4 6. Minimum to Alleviate Practical Difficulty: A two-stall garage is typically adequate to eliminate the practical difficulty of not having a shed. With the location of the home on a lake, more storage is typically desired to avoid having more recreational equipment stored outside on the property. The applicant is proposing a three-stall garage with additional storage space 5.5 feet closer to the property line than permitted and also has a nonconforming shed. Consequently, staff recommends requiring the removal of the shed to reduce the impact of the request on the neighborhood. With this removal, the request would be the minimum to eliminate the practical difficulties. RECOMMENDATION Staff recommends approval of the variance application, subject to the list of conditions shown below, but acknowledges that the variance criteria are open to interpretation. Consequently, the Planning Commission could reasonably find otherwise. Should the Planning Commission recommend approval of the requests, staff recommends that the applicants be required to: 1) Acquire all necessary permits prior to construction. 2) Prior to the issuance of a permit, remove the patio within the setback to the OHWL and restore the area to turf. 3) Prior to the final inspection for the new garage, remove the shed and deck on the south side of the driveway. ATTACHMENTS Location map Applicants’ narrative and plans Correspondence Received LEGAL DESCRIPTION: Lot 20, BIRCH BLUFF UPPER MINNETONKA, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1.Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2.Showing the location of observed existing improvements we deem necessary for the survey. 3.Setting survey markers or verifying existing survey markers to establish the corners of the property. 4.This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 5.Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 6.Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 7.Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. STANDARD SYMBOLS & CONVENTIONS: "" Denotes iron survey marker, set, unless otherwise noted. LEGEND D A O R F F EXISTING HARDCOVER U L B House 2,214 Sq. Ft. Existing Decks 728 Sq. Ft. Decks by the lake 414 Sq. Ft. H C Bituminous Driveway 3,483 Sq. Ft. R I B Shed 159 Sq. Ft. Concrete Surfaces 33 Sq. Ft. Wood Steps 124 Sq. Ft. Porch 243 Sq. Ft. Stone Areas 279 Sq. Ft. Ret. Walls 556 Sq. Ft. Cantilever 17 Sq. Ft. TOTAL EXISTING HARDCOVER 8,250 Sq. Ft. AREA OF LOT TO OHW 24,630 Sq. Ft. PERCENTAGE OF HARDCOVER TO LOT 33.5% DRAWING ORIENTATION & SCALE SHEET SIZE CLIENT NAME / JOB ADDRESSSHEET TITLE SHEET NO. MARCH 23, 2021 DATE SURVEYED: Thomas M. Bloom DRAWING NUMBER 17917 Highway 7 ## 42379MARCH 24, 2021 DATE DRAFTED: SCALE - 1" = 20' Minnetonka, Minnesota 55345 S1 LICENSE NO. 02040 Phone (952) 474-7964 MARCH 24, 2021 Web: www.advsur.com DATE SHEET 1 OF 1 October 1, 2021 Planning Department City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Madams and Sirs, We are the owners of 25990 Birch Bluff Road directly east of 26020 Birch Bluff Road owned by Gianfranco and Bonnie Cuneo. The Cuneo’s would like to build an attached two story, 3-car garage with living space above. They are asking for a hard cover variance to increase their hard cover from the standard surface coverage limit of 25%. They indicate their present hardcover is 33.5%. Part of the Cuneo’s hard cover includes a driveway and stonewall, and a portion of that driveway and stonewall is actually on our property. An easement agreement was signed in this regard between a previous owner and ourselves. That agreement indicated the driveway and stonewall on our property would be removed if the Cuneo’s house no longer existed or the driveway was relocated. The easement agreement runs with the land and the Cuneo’s were aware of it at the time they purchased the property. Although the home will not be demolished, the 2 story, 3-car garage is a significant addition to the home and the driveway is being adjusted as portions of it are being removed. We have suggested to the Cuneo’s that as they are removing hardcover along their driveway to accommodate the building of a garage, this would be a good time to remove the part of their driveway and stone fence on our property. We thought we had an agreement with the Cuneo’s to do this. We prepared a written agreement to that effect but they have not returned a signed copy to us. The plans submitted to the planning commission do not indicate a removal of the driveway and wall on our property. We suggest that removing the easement on our property would help to decrease the hard cover issue for the Cuneo’s. If in fact, the hard cover on our property was not included in their hardcover calculations, then they are actually exceeding 33.5 % coverage. Furthermore, the excess hard cover could possibly be reduced further if the Cuneo’s relocated their drive way to the west of their property directly in line with the new 3 car garage. There is significant flooding and accumulation of water just below and west of the Cuneo residence if there is a large amount of rain in the spring. Excess hardcover just exacerbates the situation. Finally, we are asking that the hearing of this matter be adjourned to a later date. We are leaving for the East Coast on Oct 1 and will not be returning until Oct 11. Hopefully we can reach a written agreement with the Cuneo’s before then and if not, we would like to be present and speak to the matter before the planning commission. If the planning commission is not prepared to adjourn the hearing, and are inclined to approve the hardcover variance, we would ask that it be approved on the condition that the Cuneo’s remove their hardcover portion on our property so our Title will be clear of any easements or encroachments. Respectfully Submitted, Bonnie McPhee -- 952-237-9023 Jim Prokopanko -- 612-961-3719 Project Narrative The Christmas Lake Boat Landing parcel PID: 3511723130038 is zoned R-1A. Permitted uses within R-1A includes public parks, public playgrounds public recreational areas, and public wildlife areas. The existing parking lot includes seven car & trailer parking stalls and vehicles enter/exist in a clockwise direction within the parking lot. The DNR and the Christmas Lake HOA coordinate to keep aquatic invasive species (AIS) out of Christmas Lake by monitoring the public boat landing and providing a cleaning station to inspect and remove AIS. The current cleaning station needs to be located near the entrance so that vehicles/boats can be cleaned prior to using the boat landing. The cleaning system requires a small trailer. The trailer is currently parked in one of the seven available car & trailer parking spaces therefore making it unusable to the public. Demand for the boat launch area is increasing and staff were tasked with looking for options to allow for another location for the trailer. The goal is to create a usable space to allow the cleaning trailer to be located out of the stalls so that all seven car & trailer parking stalls can be used by the public. The existing parking lot is located 9 feet from the Ordinary High-Water Level (OHWL) at its closest point and averages about 15 feet. Christmas Lake is classified as Recreational Development and there are two variances being proposed. In researching new locations for the AIS trailer, staff reviewed two options. One along the drive-aisle and the proposed location in an existing parking lot island. At their August 10, 2021 meeting, the Parks Commission reviewed the two options and selected the parking lot island as the preferred location because the other option included creating a pad that would have been nearly up to the OHWL of the Lake, involved more tree removal and would have been even closer to the homes to the north. The proposed location would be within an existing parking lot island as shown on the attached plans. A 300 square foot concrete slab would be installed in a location that would be 40 feet from the OHWL of Christmas Lake, maximizing the distance to the shoreland. One tree would need to be removed along with some adjustments to the existing storm sewer. Two variances are required with this option: Variance 1: 1201.26, Subd 5a3 – 75-foot setback from OHWL using an existing parking island to create a new concrete slab. Although within the existing parking lot, the location is 40 feet from the OHWL where 75 feet is required. Variance 2: 1201.26, Subd 5a5 – Max 25% impervious surface area The existing parcel is 0.62 acres and currently has impervious on the site at 17,200 SQ FT or 0.400 acres and is at 64.52%. The concrete pad will add 300 SQ FT of new impervious bringing the site total to 17,500 SQ FT (0.402 acres) or 64.84%. Variance Criteria: The proposal is consistent with the intent of the Comprehensive Plan and Zoning Ordinance to provide a public boat launch at this property and to maximum the number of parking spaces. There are practical difficulties related to the request, including:  Providing a concrete pad for the AIS equipment is a reasonable use to protect the lake at the boat launch.  The situation is unique to this property that were not created by the City. The desire to have a public access on Christmas Lake is beneficial to all residents of Shorewood and the public.  The selected option is a minor addition to the property and the least impactful. Driving by the improvements would not be noticeable to the traveling public, but would allow for one less trailer circling through the area waiting for an open parking space. The variances would not be based exclusively on economic considerations but to maximize the number of existing parking spaces and protect the lake to the extent possible. The variances would not impair an adequate supply of light and air to adjacent property, cause any additional congestion to the public street or increase the danger of fire or public safety. The variances as proposed would not be detrimental to the public welfare, nor would it be injurious to other lands or improvements in the neighborhood. The variances as proposed would result in the least amount of change to the site to relocate the equipment out of one parking space and minimize the requests for setback and impervious surface coverage.