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83-082 e e e RESOLUTION NO. ~u<-dP~ WHEREAS, Gary Minion, doing business as the Shorewood Nursery, located at 23505 Smithtown Road, Shorewood, Minnesota, has requested approval to expand his business into the residential home located on the property, and WHEREAS, the property is described as follows: That part of, AUDITORS SUBDIVISION NO. 135 and of Town Road, now vacated, together with Outlots A & B, WILD DUCK 3RD ADDITION, all in Government Lot 2, Section 34, Township 117, Range 23, described as follows: Beginning at a point on the east line of Lot 213 said Auditors Subdivision No. 135, distant 758.25 feet northerly from the south line of the Southeast 1/4 of the Northwest 1/4 of said Section 34 as measured along the east line of said Lot 213 and its extension southerly, said point is also the northeast corner of Lot 13, Block 1, WILD DUCK 3RD ADDITION; thence westerly along the north line of said Lot 13, Block 1, to the west line of Outlot B; thence northerly along west line of Outlots B and A to the north line of Outlot A; thence northeasterly along said north line to the east line of Outlot A; thence northerly along the northerly extension of said east line of outlot A to the Southerly right-of-way line of County Road No. 19; thence northeasterly along said right-of-way line to the intersection with the northerly extension of the east line of said Lot 213; thence south along said east line and its northerly extension to the point of beginning. WHEREAS, the property is zoned R-C, and WHEREAS, the application was heard before the Planning Commission on November 1, 1983, with recommendation of approval subject to certain conditions, and WHEREAS, the matter was heard before the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That Gary Minion, doing business as the Shorewood Nursery be herewith granted a conditional use permit for the property described hereinabove, subject to the following conditions: a. That the property be landscaped in accordance with the landscape plan attached hereto as Exhibit A and that the applicant submit a performance bond or letter of credit e e e ~ guaranteeing the growth of said plants until June 1, 1985. b. That the existing garage, marked in red "X" on attached Exhibit B shall be moved onto the area of the property, marked with a green "X". A new display canopy may be constructed in the area where the garage originally existed. All construction shall conform to building code requirements and issuance of appropriate building permits. c. That the residential house located on the property on Exhibit B with a blue "X" may be converted to office use for the nursery, subject to appropriate building permits and the retention of the residential character of the site. No expansion of the house or any other buildings on the property without approval of the City Council. d. The residence may be occupied by the owner of the Shorewood Nursery or a caretaker for the Shorewood Nursery and his family, but may not rented or occupied by someone not affiliated with the principal use of the property. e. That the driveway serving the display area at the rear shall not exit onto wood Duck Circle. f. That all signage on the property shall be in conformance with the existing zoning standards. Dated this day of , 1984. REGULAR COUNCIL MEETING NOVEMBER 14, 1983 Page Three ~ Conditional Use Permit RESOLUTION NO. 82-83 Haugen moved, seconded by Gagne, to grant a C.U.P. for the expansion of Shorewood Nursery in accordance with the revised 4 steps recommended by the Planning Commission and revised by the Council. Motion carried unanimously by Roll Call Vote - 5 ayes. 8:15 PM PUBLIC HEARING RESOLUTION NO. 83-83 Rear Yard Setback - 2~115 Boulder Bridge Drive Request was made by Bud Wheeler for a 30 foot rear yard setback for the purpose of a pool house at the same setback as the existing pool. Public Hearing was opened at 8:55 PM and closed to the public at 9:00 PM with no comment. Gagne moved, seconded by Stover to grant the rear yard variance. Motion carried unanimously by Roll Call Vote - 5 ayes. 8:30 PM PUBLIC HEARING 52e5 Shady Island Road . Public Hearing was opened at 9:02 PM with Mr. Shenehon and Mrs. Goodlund's request to divide the property described as 50 feet of Lot 17 and Lots 18, 19, and 20, into 3 Lots containing an average of 18,783 sq. feet. Comments were taken from Mr. Reutiman in reference to sewer assessments charged on property. Harold Berg opposed the 3 Lots on the existing 15 foot road. Jack Hanson questioned the Planning Commission's recommendation approving the 3 Lots split, he was in complete agreement with the proposal. Written comments were received from Mr. Grosz in favor of a 2 lot division. Richard Spellman opposing the 3 Lot division and approved of 2 Lots if a 50 foot road can be obtained. Public portion was closed at 9;20 PM. Council felt there was no real hardship soon to warrant this request and the 15 foot road posed as access problem. Haugen motioned, seconded by Gagne, to instruct the attorney to draft a Resolution of denial of this request for 3 Lots division. Motion carried unanimously. CONTINUATION OF PARK COMMISSION REPORT Roger Stein reviewed the past Park Commission meeting. He requested a vaccum cleaner and First Aid kits be purchased for the Park Buildings. They would like Don Zdrazil to attend a couple of meetings a year for needed informational input. e Administrator Uhrhammer reviewed the Manor Park expenses and reviewed the current budget. Stein questioned the Heidi Johnson accident of 5 years ago, and if anyone had any information on this. The Council did not have any information available to them now. Stein recommended Council to approve the pre-existing trail agreement. (e . . REGULAR COUNCIL MEETING NOVEMBER 14, 1983 Page Four ATTORNEY'S REPORT The Greenwood Lift Station trial will be held at the Government Center at 9:00 AM, Saturday, November 19, 1983. ENGINEER'S REPORT Metro Contracting, Inc. RESOLUTION NO. 84-83 Engineer Norton recommended payment of Voucher No. 1 in the amount of $8,747.60 to Metro Contracting Inc. for the Shaddrick water extension. Rascop moved, seconded by Haugen, to approve payment with the satisfaction of necessary forms completed for the County. Motion carried - 5 ayes. ADMINISTRATOR'S REPORT Snowmobile Trail System Agreement Haugen has received a petition to allow only the uses on the trail system as the surrounding cities allow. Questions on road usage and lake access should be researched prior to accepting this agreement. Haugen motioned to have Attorney and Staff review trail system use and a Public Hearing should be set for public input. PHOENIX GARDEN - WINE LICENSE RESOLUTION NO. 85-83 - SUNDAY SALE LICENSE - NON-INTOXICATING MALT LIQUOR New application for wine, Sunday, and malt liquor licenses was submitted by the new owners of the Fortune House. Application has been approved by the Liquor Control Board and the police review. Shaw moved, seconded by Gagne, to approve by Roll Call Vote the submitted application - 5 ayes. LEGAL SERVICE CHARGE RATES RESOLUTION NO. 86-83 Administrator Uhrhammer recommended the Council to request a legal interpretation of "fair and equitable" user charges from Attorney Larson and the Attorney General's Office at no cost to the city. Rascop moved, seconded by Shaw, to approve the request, motion carried - 5 ayes. APPROVAL OF 1984 AUDIT AGREEMENT Gagne moved, seconded by Haugen, to approve the 1984 Audit Agree- ment. Motion carried unanimously. e e e RESOLUTION NO. 87-83 RESOLVED, that the Council of the City of Shorewood hereby approves the combination and division as requested by Marion Johnson and V. A. Hidding for the properties identified for tax purposes as PID #32-117-23-42-0006 located at 5915 Strawberry Lane, Shorewood, Minnesota and PID #32-117-23-42-0007 located at 5885 Strawberry Lane, Shorewood, Minnesota into two (2) parcels newly described as: Parcel A that part of the Southeast quarter of Section 32, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at the point of intersection of the West line of said Southeast quarter with the Northwesterly right- of-way line of the Chicago and North Western Railway (formerly the Minneapolis & St. Louis Railway); thence on an assumed bearing of North along said west line a distance of 845.3 feet; thenceon a bearing of East a distance of 661.8 feet; thence South 1034'13" East to said Northwesterly right-of-way line; thence Southwesterly to the point of beginning; and the South 10 feet of the West 100 feet of Lotl, Block 1, Pebble Brook Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Parcel B Lot 1, Block 1, Pebble Brook Addition, except the South 10 feet of the West 100 feet, according to the recorded plat thereof, Hennepin County, Minnesota. Adopted by the City Council of the City of Shorewood the 12th day of December, 1983. SANDRA L. KENNELLY City Clerk CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 12, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM ( - ~. ~ M I NUT E S CANCELLED COUNCIL MEETING The regular scheduled Council Meeting of November 28, 1983 was cancelled due to bad weather. CALL TO ORDER The Regular Meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:33 PM, December 12, 1983, in the Council Chambers. PLEDGE OF ALLEGIANCE The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Council Members Gagne, Haugen & Stover - (Shaw absent due to death in family) Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer, and Clerk Kennelly. ~ APPROVAL OF MINUTES Gagne moved, seconded by Stover, to approve the Minutes of the Council Meeting of November 14, 1983 as corrected. Motion carried - 4 ayes. SIMPLE SUBDIVISION - MARION JOHNSON RESOLUTION NO. 87-83 Request was made by Marion Johnson of 5915 Strawberry Lane to combine a 10' x 100' strip of land from the northerly property. Her driveway exists on that property. Haugen moved, seconded by Gagne to approve the division as recommended by the Planning Commission. Division approved by Roll Call Vote - 4 ayes. REZONING VINE HILL.FLORAL ORDINANCE NO. 151 Haugen moved, seconded by Gagne, to approve the Ordinance amending Ordinance No. 77 to rezone the entire property owned by Vernon Carlson of 19465 State Highway 7 as recommended by the Planning Commission. Ordinance adopted by Roll Call Vote - 4 ayes. . CONDITIONAL USE .PERMIT New Vector, Inc. Tom Harraka was present to reguesta C.U.P. to allow him to construct a transmitting station at 24285 Smithtown Road. RESOLUTION NO. 88-83 REGULAR COUNCIL MEETING DECEMBER 12, 1983 Page Two ie Rascop moved, seconded by Stover, to approve the C.U.P. according to the six Planner Report recommendations and with the understanding that no outside reception problem can exist or the permit will be revoked. Motion carried by Roll Call Vote - 4 ayes. 7:45 PM PUBLIC HEARING Leo Hoffman - Setback Variance RESOLUTION NO. 89-83 Tom Wartman and Leo Hoffman were present to request a Setback Variance from Woodside Road of 30 feet for the purpose of constructing a garage. Public Hearing was opened at 7:50 PM. Carl Westin of 28100 Boulder Bridge Drive was present and in agreement with the request. Public portion of this hearing was closed at 7:55 PM. Haugen moved, seconded by Gagne to approve the variance as requested. Motion carried by Roll Call Vote - 4 ayes. ATTORNEY'S REPORT Quit Claim Deed RESOLUTION NO. 90-83 A request was received from Gordon Hedlund asking the City for Quit Claim Deeds on Lots 13 and 15, Block 12, MinnetonkaManor. Mr. Hedlund purchased these lots from the State of Minnesota - tax forfeited lands. ~ Request was approved by Roll Call Vote - 4 ayes. BOW HUNTING REGULATION Attorney Larson informed the Council that there are no restrictions on bow hunting in the City. Gagne moved, seconded by Haugen, to direct the Attorney to draft an Ordinance to prohibit bow hunting. SHENEHON DENIAL RESOLUTION NO. 91-83 Council reviewed the prepared Resolution of Denial on the Shenehon/ Goodlund request for subdivision. Haugan moved, seconded by Gagne, to approve the denial as drafted . Motion carried by Roll Call Vote - 4 ayes. AR1!NT DENIAL RESOLUTION NO. 92-83 Attorney Larson presented.the.Resolution of Denial on the building permit request for Henry .Arent, owner of 4812 Ferncroft Drive. Gagne moved, seconded by Rascop.to approve the Resolution of Denial as presented. Motion carried by Roll Call Vote - 4 ayes. e