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04 06 2021 Planning Commission Agenda PacketCITYOFSHOREWOOD COUNCILCHAMBERS PLANNINGCOMMISSIONMEETING 5755COUNTRYCLUBROAD TUESDAYAPRIL6, 2021 7:00P.M. DuetotheCentersforDiseaseControl’srecommendation limitingthenumberofpeoplepresentatameeting, andpursuanttoMNStatute §13D.02, theShorewood PlanningCommission meetingswillbeheldbyelectronic means. Forthosewishing tolistenlivetothemeeting, pleasegotohttp://ci.shorewood.mn.us/current_meeting/ forthemeetinglink. Contactthecityat952.960.7900duringregularbusinesshourswithquestions. Forlink issuesatmeetingtime, call952.960.7906. AGENDA CALLTOORDER ROLL CALL / (LIAISON) SCHEDULE MADDY () ______ EGGENBERGER () _ _ GAULT () ______ RIEDEL (MAR) ______ HUSKINS () ______ COUNCIL LIAISON (Callies) ______ 1. INTRODUCTION OF NEWPLANNING COMMISSIONER A) Ken Huskins 2. APPROVAL OFAGENDA 3. APPROVAL OFMINUTES March 2, 2021 4. MATTERS FROM THEFLOOR Thisportionofthemeetingallowsmembersofthepublictheopportunitytobringupitemsthatare notontheagenda. Eachspeakerhasamaximumofthreeminutestopresenttheirtopic. Multiple speakers maynotbringupthesamepoints. Nodecisions wouldbemadeonthetopicatthe meetingexceptthattheitemmaybedeferredtostaffformoreinformationortheCityCouncil.) 5. PUBLIC HEARINGS A) Detachment andAnnexation Applicant: Cities ofShorewood andExcelsior Location: 450 WLake Street 6. NEW BUSINESS A) SignOrdinance Update- Discussion onPolitical Signs 7. OTHER BUSINESS - None 8. REPORTS A) Council Meeting Report B) DraftNextMeeting Agenda 9. ADJOURNMENT CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, MARCH 2, 2021 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy calledthemeeting toorder at7:00P.M. ROLL CALL Present: Chair Maddy; Commissioners Gorham, Eggenberger (arrived at7:03p.m.) and Riedel; Planning Director Darling; and, Council Liaison Callies Absent: Commissioner Gault 1. APPROVAL OF AGENDA Gorham moved, Riedel seconded, approving the agenda forMarch 2, 2021, as presented. Roll Call Vote: Ayes – all. Motion passed 3/0. 2. APPROVAL OF MINUTES February 2, 2020 Riedel moved, Gorham seconded, approving thePlanning Commission Meeting Minutes of February 2, 2021, aspresented. Roll Call Vote: Ayes – all. Motion passed 3/0. 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARINGS - NONE 5. NEW BUSINESS A. Minor Subdivision Application: Michael andMelissa Foster and Janet Malotky and Steve Dietz Location: 24680 Smithtown Road and 5675 Christopher Road Planning Director Darling explained thattheproperty owners arejointlyrequesting alotline adjustment totransfer aportion ofproperty totheother party. Sheexplained thattherequest is forthe rearportion of24680 Smithtown Road tobecome partof the 5675 Christopher Road property. Shenoted thatbothlotsexceed theminimum lotrequirements before andafter the subdivision andhavesubmitted allthenecessary legaldescriptions needed inordertodraft easements. Staffrecommends approval subjecttotheconditions listedinthestaffreport. Commissioner Riedel confirmed that both properties arefully conforming ineveryrespect both nowandifthislotlineadjustment isgranted. Planning Director Darling confirmed thatthelotsareconforming tolotareaandwidth. Thehouse ontheSmithtown Roadproperty iscurrently non-conforming tothesideproperty linebutitwillbe nomore non-conforming afterthisexchange ofproperty thanitwasbefore. CITY OFSHOREWOOD PLANNING COMMISSION MEETING MARCH 2, 2021 Page 2of12 ChairMaddyaskedifthereisconcern about putting adrainage andutility easement directly under anexisting structure. Planning Director Darlingstated thatshethinksshemayworkwiththeapplicants toalterthelegal description sothatitisnotoverthetopofthehome. Shestated thatdetail could beincluded withinthePlanning Commission recommendation. Michael andMelissa Foster, 5675Christopher Road, explained thattheyareattempting to purchase thelandbehind theirhomewhichistheback portionoftheSmithtown Road lot. He statedthattheirgoalistopreserve thelandasopenspace andkeepitundeveloped. SteveDietz, 24680 Smithtown Road, statedthattheyarehappyforthislotlineadjustment to happen because thatbackpartofhisproperty ismorerealistically thebackyard fortheFosters. Commissioner Gorham notedthatthe letterfromtheFoster’sstated thattheywereplanning on addingadditional plantings andaskedwhattypeofplantings theywouldbeplanning todo. Mr. Fosterexplained thatabout half oftheareaiswooded andthereisalsoaportion thatisfairly opendirectly behind themwhichisopen space. He notedthatthereareafewdyingtreesthat theymayreplace. ChairMaddy opened thisitemforpublic testimony at7:10p.m. There being nopublictestimony, ChairMaddy closed thepublictestimony at7:10p.m. Riedel moved, Gorham seconded, to recommend approval ofthe lotline adjustment request for properties located at24680 Smithtown Road and 5675 Christopher Road, subject tothe conditions listed inthe staff report, and direct staff to work with the applicants tore-write the legal descriptions ofthe 10-foot drainage andutility easements. Roll Call Vote: Ayes – all. Motion passed 4/0. B. Variance Applicant: Cyclone Construction Location: 25360 Birch Bluff Road Planning Director Darlingexplained thatthisproperty islocated atthebendinBirch Bluff Roadat theboundary withTonkaBay. Shenotedthattheapplicant would liketodemolish theexisting homeanddetached garageandconstruct anewhome. Shestated thatthecurrent structures arenon-conforming inbothsetbacks andbecause therearetwodwellings onthesameproperty. Therequestistoconstruct thenewhome andmaintain thecurrentsetback of1.2feetfromthe eastproperty lineandnoted thatthehome hasareas thatareoutside theexisting footprint and would becloser thanpermitted tothesideproperty lineaswellasproposing agarage thatwould be24.7feetfromtheeastproperty linewhere 35feetisrequired. The applicant isunableto relocate thesewer line andwillneedtoreduce thesizeofthegarage sothatthegarage isnot located within theeasement whichalsoreduces theamount ofvariance requested to30feet where35feetisrequired. Staffreceived onee-mailfromThomas and Susan Hallininopposition totherequest. Staff alsoreceived acallfromtheadjacent property owner whowasnotableto attend tonight’smeeting expressing theirsupportfortherequest. CITY OFSHOREWOOD PLANNING COMMISSION MEETING MARCH 2, 2021 Page 3of12 Commissioner Riedel askedaboutthesetback exhibitthatshowed theminimum buildable area onthelot. Hestated thathefeelsthisshows howunrealistic itistoaimforaconforming structure onthissite. Planning Director Darling agreed thatthisisatrickylot. Commissioner Riedelstated thattheproposed construction stillshowsthe dwelling overthe garage andasked ifthatwillbeeliminated. Planning DirectorDarling statedthattheirproposalistoremovetheentirebuilding. Commissioner Gorham asked iftherewasalsoashedthat wouldberemoved. Planning Director Darlingstated thatstaffisrecommending thatitberemoved, buttheapplicants would liketokeep it. Commissioner Riedel stated thathebelieves thatstructure isbothashedandaboathouse. Commissioner Gorham asked about thestorage container. Planning Director Darlingstated thatshebelieves itholds theirpersonal itemsuntiltheir new home isconstructed butthatcanbeanswered bytheapplicants. Commissioner Eggenberger asked whystaffwas recommending theshedberemoved. Planning Director Darlingexplained thatwhenahouseisdemolished itwouldleavetheproperty without aprincipal building andtheshedisanaccessory building, sotheaccessory buildings are removed atthesame timeastheprincipal structure isremoved. Commissioner Eggenberger askedifthatwould stillbethecaseeventhough theplanistorebuild anewprincipalstructure. Planning Director Darling stated that staffwouldstillrecommend thattheaccessory structure be removed because itisnonconforming. Sheexplained thatusually staffattempts togetconformity withtheaccessory structures whenahomeisdemolished. Commissioner Eggenberger asked ifthevariance forthehome isgranted whether theapplicant would beabletorebuildtheshed/boathouse againorwould heneed another variance. Planning Director Darling statedthattheCitycouldnotadministratively allowhimtoconstruct a shedthatclosetotheproperty lines. Commissioner Gorham confirmed thattheapplicant couldinstallashedinaconforming location. Heasked aboutthee-mailthatwassubmitted fromaresident opposed totheproject. Hestated thatthee-mailisvagueandasked iftherewereanyadditional detailsthatdescribe whattheissue iswiththeproject. Commissioner Eggenberger statedthatheagreeswithCommissioner Gorham thatthee-mail wasabitvague andsimply statedthattheywereopposed totheprojectbutdidnotsaywhy. Councilmember Callies askediftheCityneeded toholdapublic hearing onthisitemsinceitwas avariance. CITY OFSHOREWOOD PLANNING COMMISSION MEETING MARCH 2, 2021 Page 4of12 Planning Director Darling stated thatapublichearing isnotrequired foravariance request, but thePlanning Commission does take publictestimony. Mike Melnychuk, 25360BirchBluffRoad, statedthatheandhiswifepurchased thishome inMay of2019withtheoriginal intent tokeepitintact thewayitiswithsome improvements, however, thebuildings are indireneedofsomeTLCinmanydifferent ways. Heexplained thattheyhad beenlooking foralakehomeforabout threeyears priortofindingthisproperty. Hestatedthat in 2010, hiswifewasdiagnosed withMSandasaresult ofthatshe hasverylimitedmobility and noted thatalong withthatshehasfatigue andsensitivity toheat andhumidity. Thisproperty was unique inthatthere wasabreeze coming offthelakeandshade forhiswife. Theshedand boathouse being discussed isenormously important tothem andnoted thatfrequently hiswife needs torestaftergetting offtheboatandspendstimeinsidetheboathouse torecover before shecanmake itintothehouse. Hestatedthathefeelsthisismuch more thanjustarequest to keepanon-conforming structure ontheirproperty andisarequest toallowthem toenjoy the property inthemanner that theypurchased it. Hereiterated thatthey purchased thisproperty for very specificreasons related tohiswife’shealth challenges. Hestated thatbuilders have told themitismorepractical torebuild thefoundation ofthishomerather than remodel because itis inmanyrespects over70yearsold. Hestated thathebelieves theboathouse isatleast 70years oldandbelieves itwas inplace before therewereanyrulesonsetbacks. Hestatedthatifthey areunabletousethisproperty forthepurpose thattheypurchased it, itsvaluetothem wouldbe greatly diminished andreiterated thattheboathouse ismuchmore thanjustaboathouse forthem. Hestatedthattheboathouse isaphysical necessity andanaidtohiswife. Hestatedthatthe proposed garagehas been shrunk down because theywereunable tomovethesewerline, so theyarelosingstorage thattheywereplanning oninthatstructure, whichmakes theboathouse evenmoreimportant forthatpurpose. RyanSeifert, Cyclone Construction, statedthathehasbeenworking withPlanningDirector Darlingonthisproperty forabout6monthsastheyhave attempted todotheirbesttobuildthe homearound the City’srestrictions forthislot. Hestated thattheirplans remove two nonconforming structures andnotedthat theyarepulling thehomebackfrom thelake tomeet the setbackrequirements andexplained thattheonlyreasonavariance isneededisbecause of theunique shapeofthe lotfor thefrontsidethatfacestowards BirchBluff Road. Heexplained that theneighbor tothisportion ofthelotisthefirelane. Mr. Melnychuk notedthatthee-mail thatwas submitted fromtheindividual opposed tothisproject livesinTonkaBaynotinShorewood. Commissioner Riedelstated thatMr. Melnychuk hasbeenpartoftheongoingdiscussion in relationtothefirelanes intheCity. Heasked forhiscomment onthe designofthehome andthe potential fortheretobesnowmobiles usingthefirelanetoaccessthelake. Mr. Melnychuk explained thatifyougowalk thisfirelane, youwillquickly realize thatitis impossible tonavigate anything through thiscorridor, including mosthumanbeings. Hestated thatthey havelivedthereforabout 2years nowand 100% ofallwinter lakeaccess isdone throughthebeach overinTonkaBay. Hestatedthatthereareabout1-2snowmobiles perweek thatcomedownBirchBluff Road andeverything elseistrailered anddriven ontothelakethrough thebeachitself. Hestated thattospecifically answer Commissioner Riedel’squestion, hehas zero concerns about anybody intheir rightmind utilizingthisfirelanetoaccessthelake. CITY OFSHOREWOOD PLANNING COMMISSION MEETING MARCH 2, 2021 Page 5of12 Commissioner Riedelstated thathewoulddisagree abitwith Mr. Melnychuk because hehas beenonsiteafewtimes thiswinter andstated thatitlooked asthough afewsnowmobiles made theefforttotravelontheShorewood side, butagrees witheverything elsehesaid. Mr. Melnychuk statedthat heused theterm ‘intheir rightmind’ forareasonbecause hebelieves theindividuals that mayhaveattempted toutilizethefirelanemayhavebeen undertheinfluence ofsomething thathappened outonthelake. Commissioner Eggenberger statedthatinthefuture, that firelanecould becleared outsothere could potentially besnowmobile traffic inthatlocation. Heclarified thatjustbecause there isnot snowmobile trafficnowdoesnotmeanthattherecouldn’tbesnowmobile trafficatsomepointin thefuture. Mr. Melnychuk statedthathebelieves thenthat hisdriveway would have toberemoved. He statedthathedoesnotseeanyreason fortheCitytospendthemoney toclear outthefirelane when thebeach access isavailable rightnextdoor inTonka Bayandnoted thathedoesn’tsee whatthepublicgoodwouldbeforspendingthatkindofmoney. Commissioner Gorham asked howtheplanshavebeenaffected bytheCityasking theapplicant toreduce hisstorage space. Mr. Seifertstatedthathehadactuallyjustsubmitted somereviseddrawings toPlanning Director Darling. Hestated thatthey shrunkthegarageby16feetorsoandwillessentially changeitfrom a4-cargaragetoa3-cargarage. Hestated thatthetotalarealostisabout16x35 feet, whichis significant. Commissioner Gorham stated thattherevised plans areitdefinitely notasattractive asthe originalproposal. Heaskedabout theplansforthesecond floorofthisspace. Planning Director Darling showed theplansforthesecond-floorspace. ChairMaddy opened thisitemforpublic testimony at7:41p.m. PeterLehman, 21265 Radisson Road, notedthat thisproject doesnothaveanydirectimpact on him, butwould liketocomment ontheboathouse. Hestated thathebelieves theboathouse has historical significance andthinksthereissome valueinhavinghistorical structures keptinplace thatotherwise would beremoved. Hestated thattheCityhas, inthepast, allowed accessory buildings thataregrossly nonconforming toremain due totheirhistorical significance withsome evidence andotherinputfromthecommunity. Hestatedthathehaslived inShorewood forover 35years andhasseenquiteabitofconstruction aswellaspreservation ofstructures butthere doesnotappear tobeformalized rulesaround howithappens andseemsabitadhoc. He reiterated thathedoesnotbelievetheCityshould remove something thathassome historical significance. Hegavetheexample of5620Covington Roadwherethereisagarage thatisliterally ontheroadand believes itevenexceedstheproperty boundary that wasallowedtoremainwhile variances weregiven foraccessory space. Hegaveanother example ofoneonChristmas Lake wheretherearequiteafewproperties thathave boathouses thatareadjacent tothelakethatare quitelargeandhaveburned downand been rebuilt. Henoted thatthere hadalsobeen instances where largehomes wereallowed tobebuiltonproperties andtherewasnorequirement thatthe boathouses beremoved. Hereiterated thathebelieves thisboathouse structure should be allowedtoremain because itisimportant fortheCity toretain thathistory. CITY OFSHOREWOOD PLANNING COMMISSION MEETING MARCH 2, 2021 Page 6of12 Kristin Viger, 60Pleasant Avenue, TonkaBay, noted that sheserves ontheTonka Bay City Council andisalsotheParksLiaison. She stated thatthebeach isaClass 1firelane, so technically there isnotsupposed tobemotorized trafficacrossthat area. Shestated thatitis something thattheircitystruggles withenforcement andwantedtomakesurethateveryone knew thisinformation. Shestatedthatheronly concern withtheplanistheproximity tothedrainage ditch, butthinksitisabeautiful proposal andlikes many ofthethingsthatitaccomplishes. She statedthatshehopes whenthedrainage planiscreated thatitismindful thatthereneedstobe some kindofbufferbetweenwhatisrunning offtheroofofthehouse soitdoesnotdrain directly intothatditchbecause thatgoes straightintothebeach andlakearea. Mr. Melnychuk stated thatthereisabookthatcelebrates boathouses onLakeMinnetonka and oneofthemost famous onesislocated withtheCityandtheywouldliketocontinue thetradition ofmaintaining the boathouse. Hestated thattherearemanyexamples around thelake innearby communities where theboathouse structures havebeenallowed tostaywhen homes were torn down andcompletely rebuilt. Mr. Seifert assured Ms. Vigerthatthehome willhavegutters on itandpartoftheirstormwater management plan notes thatthewaterwillbedraintiled intothenorthwest cornerintoarain garden inorder tokeeptheirwaterontheirproperty. There being noadditional input, Chair Maddy closedthepublic testimony at7:50p.m. Commissioner Gorhamasked formoredetails abouttheboathouse because ithastransitioned frombeinganonconforming accessory structure intosomething thatapparently may, atleast locally, havehistorical orculturalsignificance. Planning Director Darling showed apicture oftheboathouse. Chair Maddy statedthatiftheargument isgoing tobemadethatitishistorically significant the Citywillneed moreevidence. Commissioner Gorham stated thatheisalsowondering ifthereisadetermination made on cultural significance whether thathastailstoit, forexample, restrictions onrepairs thatcanbe made. Planning DirectorDarlingexplained thatthere aresome specific standards intheordinance for historic structures inordertomakethat claim. Mr. Melnychuk stated thattheyarenotmaking anyclaimsonahistoricstructure. Hestatedthat hedoesn’tknowthedefinition ofthatbutcouldtakealookandpossibility haveadiscussion on it. Hestated that hispointisthatboathouses arecelebrated andthere aremany historical boathouses onthelake. Themain argument thattheyaremakingisthatthere isanalmost daily functional usefortheboathouse. Hestated thatthey havehadtomakesignificant modifications totheirplans andnowtheboathouse isalsoneededforstorage because ofthesewer easement. Hereiterated that itisnothisintent toproclaim thatAbraham Lincoln sleptintheboathouse in 1860 orsomething. Commissioner Riedel asked whatthe Commissions thought about thevariances asstated without theremoval oftheboathouse. Hestatedthatheagrees withstaffthat theproposal reduces the nonconformity, whichisessentially theunofficial standard. Hesaidthattheintentisthat thenew structure beingbuilt islessnonconforming, butthisisalargehouse goingonasmallproperty andmuch largerthantheexistinghome. Hestatedthatheisconsidering approving itbasedon CITY OFSHOREWOOD PLANNING COMMISSION MEETING MARCH 2, 2021 Page 7of12 thefactthatitdoes notincrease thenonconformity, butnotedthatitisnotan obvious choice to him. Commissioner Gorham stated thatthegraphic thatshows thelimitations onthesitewaspretty powerfulbecause itshowedtheactually buildable area. Hestatedthatbetween thatfactandthe factthat thisislessnonconformity andtheCommission hasconsistently recommended livable houses onalotandhebelieves thisisconsistent withthat. Hestatedthathedoesnotthinktheir plans areinappropriate andtheCityhasalready askedthemtoreduce thesizeoftheirgarage whichabigdeal because that isasignificant amountofstorage inthat area. Hestated thathe feels therearepractical difficulties onthesiteandtheCityisalsoaskingthem todowiththe minimum which, forhim, aretwobigcheck marks. Commissioner Riedelstatedthatreducing thesizeofthegarage wasduetothelocationofthe sewerlineandnot anyone’schoice. Hestatedthatifthisisapproved itwillonlybeabout1.5feet from theeastproperty line. Hestatedthatthispoint maywarrant abitmore discussion. Hestated thathewould suggest adding language tothemotion thatproper landscaping becompleted to handledrainage issuesonthatsideoftheproperty. Chair Maddystated thatheishavingtrouble withtheideaof “minimum toalleviatedifficulty” scale inthissituation. Hestatedthattheyhave taken an8,000square foothouseand whittleditdown to7,000square feetandstillwant tokeeptheboathouse, whichdoesnotsound likeaminimum toalleviate difficultyonanonconforming lotthatistoonarrow. Commissioner Riedelstated that heisnotinfavor ofrecommending thattheycankeepthe boathouse, butwiththatissuesetaside, heisinfavor orrecommending theothervariances. ChairMaddy stated thathewas happy thattheneighbor tothewestexpressed theiropinion. Commissioner Eggenberger stated thathedoesnothave anyissuewith theproposed structure itselfotherthan thefactthatitisso closetopublic property, butthere isnowayaround that. Regarding theboathouse issue, heaskedifjust because abuilding is70yearsoldwhetherthat makes ithistorical. Hestatedthatbased onthephotohehasseen hecannot seeanything significant about thestructure. Commissioner Gorham askedhowtheCitydifferentiates between aboathouse andshedwhenit isclose toalake. Commissioner Riedelstatedthathedoesnotthinkthereisadistinction inthecodebecause they arebothjustconsidered accessory structures. Hestatedthatboathouses alongabiglake like Lake Minnetonka have hugevalue, butatthesametime, code hasa50-foot setback on structures. Hestatedthat thequestion becomes, ifahomeowner decides tocompletely demolish theexisting structure andchooses tobuildonanewfootprint whether theboathouse should remainornot, whichcanbeconsidered subjective. Hestatedthatinessence, itisCitypolicythat when everything isgoing down, thentheCitytriestoincrease theconformity withrespect tothe accessory structures. Henoted thateveryone elsethatdoesnothave aboathouse hastolive withthe50-foot setback restriction. Hereiterated thathethinksthisisasubjective decision surrounding theboathouse. Commissioner Gorham stated thathequestions theargument thattheproperty waspurchased because ofthestructures onthesitebutthey plantodemolish thecentral structure. Hestated that heissympathetic athowmuchstorage theyarelosingandalsotothehealthrestrictions for Mr. Melnychuk’swife. Hestated thathewasthinking ofthesituation fromafewmonths agowhen CITY OFSHOREWOOD PLANNING COMMISSION MEETING MARCH 2, 2021 Page 8of12 thePlanning Commission allowed a patioalong thelaketoremain because theymadethe argument thatitwasthereason thattheyhadpurchased theproperty. Hestatedthatheisinclined torecommend allowing thisstructure tostay. Commissioner Riedelstated that hefeels there isadifference between those twosituations because withthepatio situation, theapplicant wasjustproposing torebuild astoop andnota completely newstructure. ChairMaddystated thatwiththesituation ofthepatio, theyalsodidnothaveaplace ontheir property where theycouldactually placeaconforming patio andthisparcel has other places where ashedcould beplaced. Commissioner Gorham stated thatheunderstands theirpointandadmitsthatitisanapplesand oranges comparison. Mr. Melnychuk statedthatheappreciates thedialogue thatthePlanning Commission ishaving andasked them toconsider thetotalamount ofsquare feetthatthey aredemolishing withthetwo structures, and notedthatthenewstructure isnotmuch largerthan thatcombined space. He statedthattheyhavespentquiteabitoftimeworking withbuilders intrying tokeeptheexisting footprint ofthe existingstructure, butallofthemconcluded that itisnotwisetobuildona foundation thatis70years old. Hestatedthathefeelsthey areconceding quiteabitandare eliminating ausablegarageandanapartment andaskedtheCommission totake intocontext the entireproject giventheframework ofthefootprint thattheyaretrying tooperate within. Hestated thathefeels whatthey areasking forisvery reasonable andhopes thattheCommission does notminimize theneeds ofhiswife’smedical condition. He stated thatitisveryimportant toher because shegetsfatigued from walking across thedockandneedstositdownforafewminutes beforesheisable toproceed tothehome. Hestated thathecouldputitelsewhere onthelot, butitisfunctional where itiscurrently located andiftheCityisasking himtotear itdown, he wonders ifthatcouldbeconsidered eminent domainbecause itistaking propertyaway from him withoutduecompensation. Hestated that theywilllosevalue ontheirproperty with this requirement andasked what consideration would betakenforthatissue. Chair Maddy statedthathefeltthatthediscussion wasdigressing andreiterated thatitisCity policy tobringthingsintoconformance whenthereisanewrebuild, unlessthereissome extra circumstance likehistorical value. Commissioner Riedel reviewed theconditions that wererecommended bystaff. Riedel moved, Eggenberger seconded, torecommend that the City Council approve the variance requests forsetbacks for the property located at25360 Birch Bluff Road, subject toconditions as outlined inthe staff report, including that theshed/boathouse beremoved. Commissioner Gorham stated thathemaybeintheminority, butforthereasonsstated bythe ownerregarding losingatonofstorage, anadditional structure, themedical condition ofMs. Melnychuk, andthepossibleculturalsignificant oftheboathouse, andfeelsthattheCommission should grant hisrequest tokeep theboathouse. Henoted thattheCommission hasdonesome trade-offsinthepastinthiskindofsituation andreiterated that hefeelstheownerhastraded off alotofthings andthathefeelstheCommission should granttherequest tokeeptheboathouse. Commissioner Riedelstatedthathefeltthatwasafairandreasonable argument because thisis asubjective situation. CITY OFSHOREWOOD PLANNING COMMISSION MEETING MARCH 2, 2021 Page 9of12 Roll Call Vote: Ayes – Riedel; Nay – Gorham, Eggenberger, and Maddy. Motion failed 1/3. Eggenberger moved, Gorham seconded, to recommend that the City Council approve the variance requests forthe property located at25360 Birch Bluff Road, subject toconditions asoutlined inthe staff report, except removal ofthe shed/boathouse. Roll Call Vote: Ayes – Gorham, Eggenberger; Nay – Riedel, Maddy. Motion failed 2/2. Commissioner Gorham askedifChairMaddyhadamotiontobringforward. ChairMaddy stated thatheisstillheldupbythesetbacks andthesizeofthehome, nordoes he thinktheargument hasbeenmade tokeepthenonconforming lakeside shed. Commissioner Riedelasked ifChairMaddy’svote ofNayonthefirstmotionwasbecause he wanted more strict conditions onthesetbacks aswellasdemolishing theboathouse. ChairMaddy stated thatwascorrect. Hestatedthathedoes notliketheidea ofa1-foot setback overadrainage ditch anddoesnotthink thehome needstobedesigned thatway. Hestated that hehadmadehispeace withthe10-foot setback ontheopposite side becauseofthesupport by theneighbor, but thinks theyaretrying toshoehorn inahouse thatistoobigforthis nonconforming lot. Commissioner Riedel stated thathethinks thatisfairandreasonable. Commissioner Gorham stated thatisonethingtheCommission didnotdiscuss much. He questioned whattheCommission issupposed todoifthey feeltherequest istoobig. Chair Maddy notedthatthePlanning Commission doesnotregulate sizeofhouses, justsetbacks andfloorarearatio. Hestated thatifeveryone elseontheCommission iscomfortable withthe setbacks, hecouldpossibly beswayed. Commissioner Riedelstated thatheisusually nottheonetoadvocateforleniency, butstaffmade theobservation inthereportthatitis1.5feetwhichisalmost unheard offorasetback fornew construction, butitabutspublic property andabusypublicbeachandnotintheneighbor’sface. Heasked ifthedrainage ditch wasabout 20feetwide. Planning Director Darlingstated thatthemajority ofitisnotquitethatlargebutnotedthatitisnot onethatcould easily bejumped over. Commissioner Eggenberger explained thatthisiswherehewasgoingwhen heoriginally asked theapplicant ifthey were awarethatthefirelanecouldbeusedinthe futureaspublic lakeaccess. Hestated thatMr. Melnychuk seemed tobecomfortable withthefactthathishomewouldonly be1.5feetawayfromthepublic easement whichsettled things inhismindregarding thatissue. Commissioner Gorham asked iftheexisting structure was about ascloseastheproposed structure. Planning Director Darling statedthattheyarethesameandareboth 1.2feet fromtheeasement. Mr. Seifert statedthathebelieves the1.2feetisonlyforthepointofthestructure thatisclosest andexplained thatthehouse does notrunparallelalong theentireproperty line. CITY OFSHOREWOOD PLANNING COMMISSION MEETING MARCH 2, 2021 Page 10of12 Planning DirectorDarling confirmed thatthiswascorrect itdoesnotrunparallel anditwouldjust betheclosest pointthat is1.2feetfromtheproperty line. Commissioner Gorham asked iftheshedstays whether they couldreplacetheshedonthesame footprint. Planning Director Darling stated thatonceanonconformity istaken away, youcannotreplaceit. Sheexplained thatiftheCommission approves thevariance withthecondition thattheymust remove thenonconforming shed thentheycould notreplace it. Commissioner Gorham asked whatwould happen iftheCommission approved thevariances and removed thecondition thattheshedneededtoberemoved, couldthey replace theshedininthe same location. Planning Director Darlingstated that theycouldiftheyrebuilt itonthesamefootprint asitis existing. Commissioner Gorham stated thathispointisthatperhaps arebuiltshed would havemore character andmorevalue totheCityalongthelakefront thaninitscurrentform. ChairMaddy stated thattheidea isthatyoudonotwant impervious surfacethatclose toabody ofwater. HestatedthattheCommission holds everyone elseintheCitytothatregulation and explained thathedoesnotseetheargument forkeeping theshed iftheyarerebuilding theprimary structure. Commissioner Riedel stated that heisofthesame mind andnoted thattherearemanypeople whodon’thaveboathouses who wouldlikethem, butthere isa50-footsetbackrequirement. Commissioner Gorham statedthatifheishearing Chair Maddy andCommission Riedelcorrectly, theyvaluethelanguage thatsays ifyouwanttokeep it, youhave tokeepittothesame physical footprint whichissomething thatshouldbeatenant ofthezoning code. Commissioner Riedel statedthatitisnotquitewrittenthatway, butthatisessentially thepolicy ofShorewood andmany othercities. Hestated thatthereisnothing incodeforgrandfathering, butwhenitcomestononconformity, something thatwaslegalwhen thenewordinances were passed canremain, almostindefinitely. Heexplained thatthismeansyoucanrebuild, butonlyto thesamefootprint andinthissituation, theownercould rebuild ahouse withtheexact same footprint andnovariances wouldberequired. Hestatedthatiftheyareplanning totear italldown thenthoserulesdonotapply. Hestatedthatitismore apolicythansomething written intothe code. Planning DirectorDarling statedthatthenonconforming rulesarewrittenintothecode. Commissioner Riedelasked whatwouldsatisfyChair Maddyintermsofthe1.2-footsetback. ChairMaddy stated thatthisisthetrouble withnonconforming lotsbecauseyouwork, overtime, tomakethingsmoreconforming, butthis isnottheminimum toalleviate thedifficulty, which is thepoint he isstillhungupon. Hestatedthathewouldliketoseemorereduction inthe encroachment. Commissioner Gorham stated thathewould liketohearfromtheproperty owner ifthe Commission would liketogodown thatroad. CITY OFSHOREWOOD PLANNING COMMISSION MEETING MARCH 2, 2021 Page 11of12 Chair Maddy stated that theCommission couldrecommend denial ofthevariance request and havetheapplicant come backwithabetter drawing. Commissioner Eggenberger askedhowmuchofareduction Chair Maddy wouldliketosee. Chair Maddystatedthatifthey areplanning toexpand thehouse tothissize, hejustdoesnot think1.2feet isenough. Hestated thathethinksheistheonlymember oftheCommission who hasaproblem withthesetbacks andsuggested thediscussion concentrate ontheitemsthatthe Commission agreedupon. Hesuggested thatthemotions beseparated andonevotebetaken onthevariances andanother votebetaken onremoval oftheshed. Commissioner Riedel statedthatsincetheCommission onlyhas4members presentthisevening, itislikelytobeatievote. ChairMaddy stated thatitemcouldbesent toCouncil with a2/2voteandtheywillhavetorevisit itabitmore ontheirend. Riedel moved, Gorham seconded, torecommend that the City Council approve the variance requests forsetbacks for theproperty located at25360 Birch Bluff Road, subject tothe staff conditions included inthe staff report, with the exception of removal of the shed. Roll CallVote: Ayes – Riedel, Gorham, Eggenberger; Nay – Maddy. Motion passed 3/1. Riedel moved, Maddy seconded, torecommend that theCity Council require the removal ofthe nonconforming lakeside shed for the property located at25360 Birch Bluff Road. Roll Call Vote: Ayes – Riedel, Eggenberger, Maddy; Nays – Gorham. Motion passed 3/1. Commissioner Gorham statedthatheappreciated thearguments madebybothChair Maddy and Commissioner Riedel onstrength ofthecodethatifyoudecided todoit, youhavetogoallthe way, butintheendfeelstherewere alotofarguments forhimthatwenttheother way. Planning DirectorDarling statedthatthiswillbeontheMarch 22, 2021CityCouncilmeeting. C. Election ofOfficers and 2021 Work Program Gorham moved, Eggenberger seconded, tonominate Dustin Maddy tocontinue serving as Chair and Marc Riedel tocontinue to serve as Vice-Chair. RollCall Vote: Ayes – all. Motion passed. Planning Director Darling explained thattheCommission didnotneedtohaveanofficial voteon the2021Work Program butshe would likeaverbal approval. Shenotedthatshehadtriedto take thepriorities fromtheCityCouncilandputthemintothePlanning Commission typical review calendar. Chair Maddy stated thathestatedthat therewas some discussion, based oninputfromthe Council, thattheCommission loosen upadditions tofrontsteps andasked ifthathadbeen included intheWorkProgram. Planning DirectorDarling statedthathasalready beenapproved. TheCommission discussed itemsintheproposed 2021WorkProgram. CITY OFSHOREWOOD PLANNING COMMISSION MEETING MARCH 2, 2021 Page 12of12 There was aconsensus ofthePlanning Commission toapprove the proposed 2021 Work Program. Commissioner Gorhamstated thathehadaquestion about thePUDlastmonth fortheproject on EurekaRoad. Hestatedthatthere wasaquestion aboutstreetlightsforthedevelopment and askedifquestion ofhowtheCityshouldaddress thatissue, forthings suchasuniformity. Planning DirectorDarling statedthattheCouncilrecommended approval butprior totheCouncil seeingtherequest, theapplicant changed theirproposal sotheywould nothavetwotraditional streetlightsbutproposed bollards instead. Thiswillallowtheresidents toseetheir driveways but would alleviate theconcerns with theoffsite visibility ofthose lights. Commissioner Gorham asked about theheightofabollard. Planning Director Darling explained thattheyareabout 3feethigh. Commissioner Gorham asked ifanyotherdevelopments hadbollard typelighting. Planning Director Darling stated thatthereareafewdevelopments thathave private lightingbut doesnotthinkthereareothers withbollard lighting. 6. MATTERS FROM THE FLOOR 7. REPORTS Liaison toCouncil Council Liaison Callies reported onmatters considered andactions taken during Council’s February 22, 2021, meeting (asdetailed intheminutes forthatmeeting). Draft Next Meeting Agenda Planning DirectorDarling statedthereare currently no development applications slatedforthe next Planning Commission meeting soitispossible thattheCommission maynotmeetnext month. 8. ADJOURNMENT Riedel moved, Eggenberger seconded, adjourning the Planning Commission Meeting of March 2, 2021, at8:44P.M. Roll Call Vote: Ayes – all. Motion passed 4/0.