03-07-2023 Planning Comm Agenda Packet
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY MARCH 7, 2023 7:00 P.M.
A G E N D A
CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE
EGGENBERGER () _ _
HUSKINS () ______
HOLKER () ______
GORHAM () ______
JOHNSON () ______
COUNCIL LIAISON MADDY (JAN-JUNE)
COUNCIL LIAISON CALLIES (JULY-DEC)
1. NOMINATION AND ELECTION OF OFFICERS
CHAIR:
VICE-CHAIR:
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES
February 7, 2023
4. 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.)
5. PUBLIC HEARINGS
A) Rezoning and PUD Concept Plan for a twin home development
Applicant: TSML Properties LLC
Location: 24250 Smithtown Road
6. OTHER BUSINESS
A) Variance to side-yard setback
Applicant: Kyle Hunt and Partners, LLC.
Location: 28170 Woodside
B) 2023 Work Program and Schedule
C) Liasons for Upcoming Council Meetings
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, FEBRUARY 7, 2023 7:00 P.M.
MINUTES
CALL TO ORDER
Vice-Chair Riedel called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Commissioners Riedel, Eggenberger, and Huskins; Planning Director Darling;
Planning Technician Carlson, and Council Liaison Maddy
Absent: Commissioner Holker
1. APPROVAL OF AGENDA
Huskins moved, Eggenberger seconded, approving the agenda for February 8, 2023, as
presented. Motion passed 3/0.
2. APPROVAL OF MINUTES
January 17, 2023
Commissioner Huskins noted a minor correction needed on page 2 in the second to the last
paragraph to clarify the names of roadways/intersections.
Huskins moved, Eggenberger seconded, approving the Planning Commission Meeting
Minutes of January 17, 2023, as amended. Motion passed 3/0.
3. MATTERS FROM THE FLOOR - NONE
4. PUBLIC HEARINGS - NONE
Vice-Chair Riedel 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 – CONDITIONAL USE PERMIT FOR A COLLOCATION OF
ANTENNAS ON EXISTING TOWER
Applicant: SMJ International, LLC (T-Mobile)
Location: 24283 Smithtown Road
Planning Director Darling explained the request to add telecommunication antennas, six radio
receiving units, and various other equipment within a new triangular array on the existing tower.
Staff recommends approval subject to the conditions noted in the staff report.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
FEBRUARY 7, 2023
Page 2 of 7
Commissioner Huskins stated that he did not see any communication from any of the neighbors
and asked if the Commission could assume that they had been notified and that no one had any
comments about this request.
Planning Director Darling stated that was correct and explained that the City sent out all notices,
as required to 500 feet from the site and the City received no correspondence in response.
Commissioner Eggenberger stated that the last time this was before the Commission, part of the
recommendation were surrounding some clean up of the trees and asked if that was for the
previous applicant.
Planning Director Darling confirmed that was for a different applicant and confirmed that they
would be handling the clean-up requested by the City. She noted that the ground equipment for
this applicant is shorter and does not have a generator.
th
Andy Bobrytzke, 132 W 8 Street, Mankato, stated that he was at the last meeting for the same
tower, but represented a different client.
Vice-Chair Riedel stated that the addition of the antennas requires additional supports and asked
for a description of the engineering.
Planning Director Darling explained that the structural information was included in the packet and
stated that there will be running bars up the existing monopole.
Mr. Bobrytzke noted that if the monopole needs additional supports, they will add them on the
outside and then paint them to match so they blend in.
Vice-Chair Riedel asked if Mr. Bobrytzke asked if he was in support of the recommendation from
staff that there be no lighting on the antenna unless required by the FAA.
Mr. Bobrytzke stated that what the client likes to do is put in a small LED light so they can see
when working on the equipment. He stated that they have asked them to put in a dial, like there
would be on a bathroom fan, so when the technician is there, he can turn the light on and it will
stay on for a certain amount of time and then automatically turn off.
Planning Director Darling noted that there was no lighting included on the application.
Mr. Bobrytzke pointed out a rendering that listed a ‘proposed LED luminaire’ as the lighting he
was referring to that used a timer dial on the H-frame.
Vice-Chair Riedel suggested that this be noted since the original staff recommendation listed that
there would be no lighting.
Commissioner Huskins asked how long it takes from beginning to end to make this modification.
Mr. Bobrytzke explained that a typical installation takes about 2-3 days and modifications may
take a few extra days. He stated that everything will be built ahead of time and installed on site
with whatever crane or equipment is needed.
Commissioner Huskins confirmed that if any of the landscaping is damaged as part of the
installation that they will return it to its former state before they are done. He asked about the
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
FEBRUARY 7, 2023
Page 3 of 7
frequency of maintenance and repair now that there is another vendor being served by the
monopole and array.
Mr. Bobrytzke stated that the maintenance and repair is handled by each individual carrier. He
noted that typically once it is up and running, they do not require a lot of work, especially up on
top.
Commissioner Huskins asked how the City can hold them responsible if there is any damage
done to things like landscaping when there are different carriers doing the work.
Planning Director Darling stated that she has not noticed a lot of damage on the site and noted
that in this particular location she thinks mostly it is a gravel surface and it is not too complicated
to repair. She stated that the City’s Building Inspector will go out and do a final inspection on the
ground and will note any unusual activity or disturbances. She stated that typically the tower
owner will hold the carriers responsible for the damage that may occur on the site and explained
that the City has not had to get involved.
Commissioner Eggenberger noted that he feels the light described by Mr. Bobrytzke is a good
idea and would not be a problem.
Vice-Chair Riedel stated that he agreed and recommended that this be included in the
recommendations to the City Council.
Commissioner Huskins agreed and stated that he likes the idea of this light from a safety
standpoint and noted that it would also alert people nearby that there is someone there working
on the equipment.
Vice-Chair Riedel opened the Public Hearing at 7:18 P.M. noting the procedures used in a Public
Hearing. There being no comments, he closed the Public Hearing at 7:18 P.M.
Eggenberger moved, Huskins seconded, recommending approval of the CUP for
Collocation of Communication Antennas at 24283 Smithtown Road, subject to the
conditions listed in the staff report with the addition of proposed LED work light with a
timer. Motion passed 3/0.
5. OTHER BUSINESS
A. Variance to Setback to OHWL on Silver Lake
Applicant: Gardner Building and Remodeling
Location: 19960 Sweetwater Curve
Planning Director Darling stated that this request is from Gardner Building and Remodeling for a
variance from the OHWL of Silver Lake. She stated that staff recommends approval of the
request, subject to the two conditions as noted in the staff report.
Vice-Chair Riedel stated that the OHWL of Silver Lake has been the subject of quite a few
discussions by the residents. He noted that he had also spoken to the DNR about this issue and
explained that the OHWL is set by permit with the DNR with a weir structure that controls the
level. He stated that the permit and the weir structure is designed for 898.1 feet, but for a period
of at least 20 years, the lake level was substantially higher than that by almost 2 feet. He stated
that what he has learned is that the OHWL is not where the water is, but it is where it is permitted
and where it should be. He stated that the explanation for why it was pretty consistently higher
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
FEBRUARY 7, 2023
Page 4 of 7
than that was that the weir was pretty consistently clogged, possibly due to beaver activity. He
stated that believes that part of the shoreline floated away during the high water levels which is
why some of the setback numbers may be a bit off of what they should be.
Commissioner Eggenberger asked where the existing patio was located that staff is
recommending be removed.
Planning Director Darling showed a photo of the patio and explained that it is a paved patio of
some sort.
Zach Gardner, Gardner Building and Remodeling, explained that his clients moved into the house
about a year ago and assumed when they purchased it that everything attached to the home and
on the property was legally conforming. He stated that they have learned through this process
that it was not and he was asked to come in and update the home including repair to the deck.
Vice-Chair Riedel asked for a description of the plans for a cantilevered section of the deck.
Mr. Gardner gave an overview of their plans to run a footing and foundation straight out that would
not be cantilevered out because they are planning to screen in the lower section. He stated that
if they were to just put normal footings back in, due to the water table, they would heave and the
deck would once again be a mess. He stated that the cantilevered section is just for the upper
section to give the upper deck a bit more room to have a table and things like that.
Commissioner Huskins asked about the patio portion and the request from staff to remove it.
Mr. Gardner stated that as part of the application process for this variance, they discovered that
the patio that has a fire pit and limestone stone work was non-conforming. He stated that they
bought the home with the patio there and asked if the requirement to remove it could be dealt with
separately because it is covered in snow. He asked if that might be something that could be
addressed in the springtime and someone from the City could come out and help them figure out
what is actually okay. He stated that ideally they would like to leave it there, but they understand
that some of it is apparently non-conforming.
Vice-Chair Riedel noted that most of the exceptions for things located in setbacks are for things
like pathways, docks, and stairs. He noted that it would be unlikely that a patios such as this one
would be allowed.
Commissioner Eggenberger explained that if they had not applied for a variance, the patio could
remain because they would not be changing anything. He stated that when people apply for a
variance, then the City takes a look at everything.
Mr. Gardner stated that it was his understanding the fire pit in the patio area was conforming and
acceptable.
Vice-Chair Riedel stated that he believed a built up fire pit would not be allowed within 150 feet of
the OHWL.
Planning Director Darling explained that the City had allowed some fire rings and stone circles
but nothing that is built up. She noted that the way she wrote the proposed approvals for this
project was that they could move forward with the application for the deck even though the patio
will be there. She explained that the patio would need to be removed prior to the final inspection
of the deck.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
FEBRUARY 7, 2023
Page 5 of 7
Vice-Chair Riedel asked if there was anyone in the audience who wanted to speak on this issue.
Shawn Breaux, 19960 Sweetwater Curve, stated that when they go to remove the fire pit, he
believes it will require heavy machinery. He asked if there was a separate process that they
would need to follow when it comes to things like erosion to ensure that the shoreline is okay.
Vice-Chair Riedel stated that as part of the process they will need things like a silt fence.
Planning Director Darling stated that typically what they would need to do is to use whatever
equipment needed to remove it and then restore the ground cover or turf to repair the damage.
Vice-Chair Riedel stated that the most important thing is that whatever contractor their hire to do
the work makes sure that they properly install the silt fencing.
Huskins moved, Eggenberger seconded, to recommend approval of the Variance to
Setback from OHWL of Silver Lake at 19960 Sweetwater Curve, subject to the two
conditions included in the staff report. Motion passed 3/0.
B. Variance to Front and Side Setbacks
Applicant: Todd Nelson
Location: 20980 Ivy Lane
Planning Director Darling explained the request for a variance to the front and side setbacks to
build an addition to an existing, non-conforming home. Staff recommends approval of the variance
requests but would also acknowledge that the variance criteria are open to interpretation and that
there is potential impact to the streetscape in the area. She noted that the City had received two
letters of support for this application from the adjacent two homes.
Vice-Chair Riedel noted that Planning Director Darling had discussed other possible locations for
the addition and stated that it sounded like she had been in favor of the version that had it on the
rear or north side.
Planning Director Darling explained that location would have less of an impact on the streetscape,
but it would also not be without potential difficulties.
Commissioner Huskins stated that he had recently driven through the area and the homes on the
south side of Ivy are considerably further back from the road and it is just the north side of Ivy that
has this issue. He stated that he was also interested in the prominence from the staff report of
the option to build the addition in the back. He stated that it is a little disconcerting to be that close
to the street, but appreciated the picture that shows that the garage is quite close to the street as
well.
Vice-Chair Riedel stated that he also felt the picture was quite compelling and shows how small
this lot is.
Todd Nelson, 20980 Ivy Lane, stated that he feels the pictures speak for themselves and show
that they are in a predicament. He stated that he has had many discussions with Planning Director
Darling about different options and possible locations. He stated that to address her suggestion
to build onto the back, there are a number of issues with that option, including how it will impact
the current floor plan of the house. He stated that it would involve major reconstruction of the
interior of the home because the windows would be looking into the new addition. He noted that
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
FEBRUARY 7, 2023
Page 6 of 7
it would also require work to be done with the HVAC system. He stated that with what they are
proposing it is just adding a living room, moving the stairs and explained that it would be much
more simple nor would be require any mechanical systems work. He stated that their plans
maintain the current roofline of the house and noted that they will not be as close to the street as
the garages that were mentioned. He stated that the developer that they have hired to do the
work, if the City approves, lives in a home he just built across the street.
Commissioner Eggenberger asked if Mr. Nelson parks on the street.
Mr. Nelson stated that they have an asphalt parking area and pointed it out on a map.
Commissioner Huskins asked if there was any anticipation that the actual building process may
cause any issues for traffic on the road.
Mr. Nelson stated that he did not think so because there is plenty of yard space and would still be
room to park their cars. He stated that this is a not a very large structure, so there will also not
be a lot of material that would need to be stored on site.
Planning Director Darling explained that if approved, the City will require a construction
management plan that would identify these types of details.
Vice-Chair Riedel stated that the addition is about 400 square feet and asked if this project would
cease to be worthwhile if they had to bring it in a few feet in order to be further from the road.
Mr. Nelson stated that limit on the width is the stairwell which is where the 16 feet comes from
because it is a 12 foot stairwell and a 2 foot bottom landing and a 2 foot top landing. He stated
that he feels their plans are as minimal as they could make them considering the space.
Vice-Chair Riedel stated that it appears as though every option may require a variance and noted
that another option may be to build up, but that would mean tearing off the existing roof.
Mr. Nelson stated that he had looked into that option and most of the contractors felt it would be
better at that point to just tear down and rebuild because the foundation and supports were built
in the 1950s and they were not sure they could support another level.
Vice-Chair Riedel stated that he feels the 60 foot right-of-way makes a big difference in this
situation because otherwise he would have a harder time recommending approval of an 8 foot
setback and building that close to the roadway.
Commissioner Eggenberger stated that he agreed and also took into consideration the difficulties
of the lot itself. He stated that it truly appears that the applicant has taken a look at this project
every possible way they could and this one seems to be the best solution. He stated that for him,
it carries a lot of weight that the two neighbors on either side have given their support of the plans.
Commissioner Huskins stated that given the nature of the neighborhood and the existing
structures, he is also in support of this request.
Vice-Chair Riedel noted that it is also in favor, but is also a bit on the fence because the counter
argument would be that, as small as the existing house is, it actually may be the right size for that
tiny little lot.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
FEBRUARY 7, 2023
Page 7 of 7
Eggenberger moved, Huskins seconded, recommending approval of the variance request
to the front and side setbacks for a home addition at 20980 Ivy Lane, subject to the
condition included in the staff report. Motion passed 3/0.
6. REPORTS
• Council Meeting Report
Council Liaison Maddy gave an overview of recent activities related to Planning that were
discussed by the City Council.
Planning Director Darling stated that the City has received 4 additional applications for the vacant
Commission openings in the City. She noted that she expects the interviews for those seats to
take place on the February 13, 2023.
Council Liaison Maddy stated that this would be Vice-Chair Riedel’s last meeting with the Planning
Commission and expressed his appreciation to the years of service that he had given to the
Planning Commission.
• Draft Next Meeting Agenda
Planning Director Darling stated there are quite a few items slated for the March 7, 2023, Planning
Commission meeting and gave a brief review of applications she expected to be completed in
time for the meeting.
ADJOURNMENT
Huskins moved, Eggenberger seconded, adjourning the Planning Commission Meeting of
February 7, 2023, at 8:09 P.M. Motion passed 3/0.
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Project Name TBD by marketing/real estate professionals
Applicant TSML Properties, LLC
Address 24250 Smithtown Road, Shorewood, MN
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TSML Properties, LLC is looking to develop 24250 Smithtown Road, Shorewood, MN alongside 24320
Smithtown Road, Tonka Bay, MN into a new twin home community.
These two properties make up 2.58 acres of gross site area for the overall project with a gross site area
of 1.46 acres in Shorewood. The overall net developable area for the project is 2.27 acres, of witch 1.43
acres are in Shorewood.
The current zoning of the property is R-2A, Single/ Two-Family Residential District and is currently being
utilized as one single family house. The 2040 Comprehensive Plan has the property guided as R-2B,
Single/ Two-Family Residential District.
For the project, we are proposing a planned unit development (PUD) with an underlying zoning district
for our base development standards of R-2B, Single/ Two family Residential District.
Our concept plans have gone through several iterations after discussions with Tonka Bay, Shorewood,
and Hennepin County. The project is proposed to have twelve (12) twin home units, with 8 units within
an to offer association maintained units with
A few of the highlights of the community are:
The plan requires the current structure at 24250 Smithtown Road to be demolished.
We plan to conserve as many trees as possible on the east/north side for privacy with plans to
plant additional trees (see landscape plan).
On the border with Public works we are have shown on our plan to install both a privacy fence
and Arborvitae 20+ ft. tall. All deciduous trees
time of planting.
The entry from Smithtown Road into the private drive is proposed to be reconstructed
degrees which creates an optimal traffic and safety layout compared to the existing layout.
We proposed to develop our stormwater filtration basin at the low point of the project and
adjacent to Smithtown Road. It will discharge into the only existing public stormsewer in the
area. The basin will be sized to Filtration
basin will be planted with native grasses and forbs.
In preliminary discussions with the county staff, they have been in favor of removing the wall
and associated easement. Our plan is to completely remove the existing retaining wall and
adjust the grades along Smithtown Road to provide a more natural and appropriate streetscape
for the neighboorhood .
Each unit shall offer parking for two (2) cars in the garage, and two (2) cars in the driveway. We
have proposed additional parking at the start of the project to ensure the neigboorhood will
have adequate parking.
For the proposed community, we are requesting PUD flexability on the following items:
A reduction of the front setback along the private drive to back of curb.
This is very typical setback for twinhome developments like this and will allow a car to park in
the driveway and not hinder the private drive.
A reduction for the side yard setback between the units . We believe that there is
adequate space to provide drainage between the units because we have set the high point
between the building at the egrees wells and directing the stormwater to both the front and
rear of the lots.
A minimum lot area of 15,600 sf in lieu of 20,000 sf. per structure.
Increased impervious surface from 33% to 42% for the overall project, 48% on the shorewood
side. We will provide stormwater system that will compensate for the additional impervious.
We are extremely excited to work with the city of Shorewood to ensure this development brings years
of prosperity to the city!
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Marie Darling
From:mike giebenhain <mikegiebenhain@hotmail.com>
Sent:Tuesday, February 28, 2023 7:32 PM
To:Marie Darling
Subject:Carney variance
Marie,
Kyle Hunt asked me to contact you regarding my position on the Carney variance request. While I completely disagree
with their logic in the submitted request as it suggests my property should be treated more like deeded access in
regards to setbacks and they show absolutely no need, I do think granting the variance of a 12ft setback (vs 15ft) in this
instance makes sense as they are building a home that will not be overly obstructive to my lake view compared to what
could potentially be built.
Please feel free to contact me if you have any further questions.
Thanks
Mike Giebenhain
28110 Woodside Rd
Shorewood, mn 55331
612-816-8429
Sent from my Verizon, Samsung Galaxy smartphone
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