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05-06-25 Planning Comm Mtg Agenda Packet Jake Griffiths From:Jennifer Labadie Sent:Tuesday, April 15, 2025 11:20 PM To:Marc Nevinski; Jake Griffiths Subject:Fwd: Conditional Use Permit application - 5905 Grant Street JAKE & Marc - FYI Sent from my iPhone Begin forwarded message: From: Miki Huntington <miki.huntington@gmail.com> Date: April 15, 2025 at 8:41:38 PM CDT To: Jennifer Labadie <JLabadie@ci.shorewood.mn.us> Subject: Re: Conditional Use Permit application - 5905 Grant Street Mayor Labadie (Jennifer), I hope this email finds you well. I'm reaching out because we received a postcard from the City of Shorewood last week re: Conditional Use Permit Application for the property at 5905 Grant Street. While we are unable to attend the City Council Public Meeting on May 27, 2025, we would like to express our support for Richard and Jennifer Pearce at 5905 Grant Street. Their home is located about two blocks from ours. Even though our address is Excelsior, we assume postcards were sent to neighbors in close proximity. In reviewing the application file online, I was surprised to read of a "Notice of Violation," especially since the fence is visually appealing and offers privacy for neighbors on both sides! And I can only imagine the time, energy, and resources being spent in adjudicating what appear to be a non-issue: a well-designed fence that enhances curb appeal, creates privacy, and contributes to the overall aesthetic! I hope this process is essentially a formality to confirm what is already stated in the Narrative - that the construction is "consistent with the policies and provisions of the Comprehensive Plan." As always, thank you for your continued leadership and service as Mayor of the City of Shorewood! Kind Regards, Miki Huntington 734 Pleasant Street, Excelsior, MN 55331 1 Jake Griffiths From:Julie Williams <williamsjulied55@gmail.com> Sent:Wednesday, April 30, 2025 12:43 PM To:Planning Cc:Jnnfrhrbst@yahoo.com; pearcerichard@bellsouth.net Subject:EXTERNAL-Conditional Use Permit Application fro 5905 Grant Street Caution: The sender of this message is external to your organization and not recognized. Use care when replying, selecting links, or opening attachments. To Whom It May Concern in the Planning Department of the City of Shorewood, Minnesota: I, Julie D. Williams, homeowner and resident of 771 Grant Street in Excelsior, am writing to you in support of the conditional use permit application that Rich and Jennifer Pearce are requesting in regard to their privacy fence along the north side of their property at 5905 Grant Street in Shorewood, Minnesota. I see nothing offensive about this fence and think it adds aesthetic value to both properties that it separates. I urge you to vote in favor of granting this conditional use permit in an expedient manner. Thank you for your consideration of their request and for reading my email expressing favorable endorsement of this conditional use permit. With respect and sincerity, Julie D. Williams 771 Grant Street Excelsior, MN 55331 1 Item 4D Planning Commission Meeting Item Title/Subject: Nonconformities City Code Amendments Meeting Date: May 6, 2025 Prepared by: Jake Griffiths, Planning Director Attachments: Draft City Code Amendments APPLICANT: City of Shorewood LOCATION: City Wide BACKGROUND One of the policy goals of the 2040 Comprehensive Plan was to establish appropriate regulations for development upon lawful nonconforming lots. More specifically, the idea was that nonconforming lots that are already developed should be able to be redeveloped without the need for a variance. Upon review of the City Code, City staff also found that it had not been substantially updated for several decades and did not account for recent changes to state law or legal precedent regarding nonconformities. Nonconforming lots are those properties which do not comply with the present zoning regulations for the area. Typically, nonconforming lots are identified in one of two categories: legally nonconforming or illegally nonconforming. Legal nonconformities are sometimes referred to as being “grandfathered in” and are those situations where a property was being used in a certain manner before zoning regulations were adopted that made it no longer in compliance. Illegal nonconformities are the exact opposite and are essentially violations of the City Code. The City will commonly review variance requests for nonconforming properties. Notice of tonight’s public hearing was posted in the City’s official newspapers, published on the City’s website and at City Hall. No public comments were received prior to the publication of this report. REQUEST The proposed updates to the City Code incorporate the direction of the Comprehensive Plan and also modernize the City’s regulations towards nonconformities. The proposed updates would essentially function as a repeal and replace of the entirety of the existing City Code. The result of the proposed amendments will be much greater flexibility for property owners to use their properties without needing to seek variances from the City. City staff would caution that the proposed amendments were drafted in consultation with the City attorney and have a lot of conversation with state law and legal precedent. For this reason, some of the proposed updates may not be able to be substantially altered in order to maintain compliance with state statute. The most substantial policy changes include the following:  Existing lots of record would no longer need a variance in order to be redeveloped, as long as all other City Code requirements are met. Page 2  A parallel extension/expansion of a pre-existing legal nonconforming structure may be permitted without a variance as long as all other City Code requirements are met and the nonconformity is not increased. FINDINGS/RECOMMENDATION Staff recommends approval of the proposed amendments implementing the direction of the Comprehensive Plan relative to nonconformities. The Planning Commission is requested to hold a public hearing on the proposed amendments and make a recommendation to the City Council. Item 5B Planning Commission Meeting Item Title/Subject: Liaisons for Upcoming Council Meetings Meeting Date: May 6, 2025 Prepared by: Jake Griffiths, Planning Director Background At each City Council meeting, there is a space on the agenda for a Planning Commissioner to provide a verbal update to eh City Council on the last Planning Commission meeting. If no Commissioner can attend the City Council meeting. City staff will provide an update to the City Council on behalf of the Commission. Upcoming City Council meetings include: May 27, 2025: Commissioner Longo June 23, 2025: July 28, 2025: Action Requested A Planning Commissioner is requested to volunteer to serve as the liaison for the upcoming City Council meetings.