1976 pl mn
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SHOREWOOD
DATE:
. MEMO:
To Residents in proximity
to 5935 Galpin Lake Road
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1/12/76
Notices sent to: 1/12/79 .
Lucille Nylund 5985 Galpin Lake Road .
Jack T. Cooper 5910 "
Robert Henderson 5940 "
Kenneth E. Cooper 5960 "
James Beito 5980 " .
James B1akeborough 5990 "
Richard C. Jenson 6020 "
Leo Heck 22760 Galpin Lane
Dan Logeais 22720 Galpin Lane
John C. Tietz 22680 Galpin Lane
John G. Nelson 22640 Galpin Lane
Robert Housman 22695 Galpin Lane
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SHOREWOOD
MEMO: To the Planning Com!l1ission DATE: l/5/76
Members
The Planning Commission meeting scheduled for
January 8th has been postponed to January 22nd.
A public hearing has been posted for that date on
.the property now owned by Raymond Weyker. He has
a proposal to subdivide Lots 194 and 195, Auditor's
Subdivision No. 135 (5935 Galpin Lake Road).
John Cross has submitted a request for conditional
use for his Shorewood Yacht Club proposal. Elsa
has sent his prospectus to Planner Fredlund with
instructions to come back to the Council with
comments and counsel. She hasn't scheduled any
public hearings and has requested that the Council
~ecide how they want to handle this development.
New Year's Greetings!
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CITY OF SHOREWOOD
PLANNING COMMISSION - Minutes
January 22, 1916
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The last meeting of the Shorewood Planning Commission was held on Thursday, January 22,
1916, at Minnewashta Elementary School at 1:30 p.m. Members present were Frank Reese,
Jane Cole, Tore Gram and Vern Watten. The newly appointed member, Jerry Brecke, who
is filling the unexpired term of A. E. Abramson, was also present. Absent were:
Jerome Miller, new chairman, and Steve Larson. Jan Haugen was present as liaison rep-
resentative from the City Council.
In the absence of the chairman, Frank Reese called the meeting to order at 1:50 p.m.
Jane Cole moved, Vern Watten seconded, a motion to approve the minutes of the
December 4, 1915, meeting as printed. Motion approved.
Frank Reese declared the Public Hearing on the subdivision proposal by Raymond Weyker
of Auditor's Subdivision 135, Lots 194 and 195 (5935 Galpin Lake Road) open.at 1:55 p.m.
Also present as interested parties were Raymond Weyker, John Nelson and John Tietz.
The chairman called on Mr. Weyker to explain his proposal. Jan Haugen presented the
wri tten attorney's opinion which noted "that Lot 3, Block 1, required a variance in
the zoning ordinance to allow a 40 foot lot frontage on the public street, rather
than the regular 100 foot frontage requirement." The engineer noted no problems: the
lots conform to the required lot size for an R-2 zone and it appears to be a proper
division. Concern was expressed by Planning Commission members for the pitch of
road slopes, especially Lot 3, which would have trouble, (without filling in),
allowing for a level space before egressing onto the public road. Vern Watten moved,
Jane Cole seconded, a motion to close the Public Hearing. Motion unanimously accepted.
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Jane Cole moved, Frank Reese seconded, a motion to refer the Weyker subdivision request
to the Council for action, calling their attention to the following items:
1. The division meets the ordinance requirements for R-2 zone, with
the exception of a variance request on Lot 3 regarding the minimum
frontage required on a public road - 40 feet requested compared to the
100 foot requirement.
2. Consider the advisability of having four driveways (three very
close to one another) egressing on to Galpin Lake Road.
3. Attention is called to the steep slope of the proposed driveways,
particularly Lot 3 and what this would mean in terms of drainage and
safety, especially the egress to Galpin Lake Road from the proposed
Lot 3 driveway.
Motion carried unanimously.
Victor Rotering of David C. Bell Co and his client, Dave Turney, next sought the
commission's counsel regarding a proposed subdivision of property located between
Strawberry Lane and Cathcart Drive just south of Smi thtown Road and north of
the railroad tracks zoned for R-l. Upon presentation of fiscal facts, Mr. Turney
questioned the commission as to what would be the possibility of dividing that
property into one-half acre lots.
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Consensus of members was that this area has many owners who have multiple acre tracts
and who would like to retain a rural quality to the area and reasonable lake access.
They would not look favorably on such a high density arrangement of limited esthetic
appeal. It was suggested that cluster housing with well landscaped green spaces
would have more appeal and also smallerddensity proposed.
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Planning Commission - Minutes
January 22, 1916 - page 2
Jan Haugen answered questions proposed to the COWlcil. Regarding money allowed for
the planning commission in 1916, the planning commission should make out a budget of
anticipated needs and present the request to the council for consideration. A person
has been hired by the City of Shorewood under a CETA grant to gather information on
housing and population profile for use in seeking grants. In response to questions
about planner, Frank Reese recommended that the present planner be retained.
She explained that yacht clubs are allowed under conditional uses in residential
zones because they are people joined in groups for a common purpose, while marinas
are a commercial venture.
Regarding Ordinance #29, Section 3 and its seeming inconsistency, Jan Haugen requests
that the Planning Commission study all the Qzoning ordinances and get rid of incon-
sistencies, duplications, etc.
Jerry Brecke moved, Jane Cole seconded, a motion to adjourn. Motion carried unanimously.
Respectfully submitted,
Shirley J. Rice, Secretary
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KELLY AND LARSON
ATTORNEYS AND COUNSELORS AT LAW
351 SECOND STREET
WILLIAM F. KELLY
GARY LARSON
JOHN C. SANDERS
THOMAS G. BARRY, JR,
EXCELSIOR, MINNESOTA 55331
AREA CODE 612
474-5977
January 22, 1976
Planning Commission
City of Shorewood
20630 Manor Road
Shorewood, Minnesota 55331
Re: Preliminary Plat Weyker Addition
I enclose title opinion on the above ca~pioned pre-
liminary plat indicating ownership of the property.
Please note that Lot 3, Block 1 of the addition
requires a variance in the zoning ordinance to
allow a 40 foot lot frontage on the public street
rathen than the regular 100 foot frontage require-
ment.
D LARI/
Ke~
WFK: mw
Enclosure
PLANNING COMMISSION MEETING
City of Shorewood-Februar,y 12, 1916
Minutes
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The regular meeting of the Planning Commission was held on Februar,y 12, 1916, at
Minnewashta Elementar,y School. Jerome Miller, the ohairman, called the meeting to
order at 1:45 p.m. Members present were Jerr,y Brecke, Jane Cole, Steve Larson,
Jerome Miller, Frank Reese, Vern Watten and Counoil Member Jan Haugen.
Frank Reese moved, Vern WAtten seconded, that the minutes of the meeting of Januar,y 22,
1916, be approved as submitted. Motion carried unanimously.
Jan Haugen reported that the council had reviewed the matter of the selection of a
planner for the City. The Counoil requested that the Planning Commission investigate
several other planners besides the one the Planning Commission recommended a.t the
Januar,y meeting and bring back a report to the Council.
Jerome Miller requested that Mayor Frazier write a letter to planners, names to be
submitted by Vern Watten and Frank Reese, seeking the following information:
Eduoation background
Qualifioations to represent our oi ty
Who they presently represent
Methods of oompensation
Charges for their servioes.
It was hoped replies oould be received by the next planning commission meeting and
reviewed.
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The Chairman called on BRuoe Thompson, lawyer representing John Cross and the Shore-
wood Yacht Club proposal. Mr. Thompson referred to Para.graph C, Seotion 1 on
Conditional Uses in the Zoning Ordinanoe #11. He proposed to go over the items in
Section 1 to ascertain which information would be required from his olient when
pursuing a oonditional use permit under an R-l zone.
Mr. Thompson requested olarifioation of how the following requirements would be
satisfied: (answers or oomments in parentheses)
C-3 evidence of finanoial capability (letter from bank or lending institution)
C-4 (0) topographical or physical features of tract
C-5 (h) drainage problems (village engineer would make survey and report
back to council)
C-6 public use areas (not applicable)
C-1 restriotive oovenants (know of none)
c-8 drainage plan (know of none)
C-9 traffic survey (entrance would be from Highway #19, instead of Timber
Lane. Mr. Thompson contends traffic inorease is infinitesimal.)
(Jan Haugen requests figures of ~raffic study to be supplied by
Hennepin County with attention given to what problems are involved
in inoreased flow of traffio.)
C-IO land use plan? (Frank Reese suggests that Mr. Cross make a statement
based on the plan of the Planning Commission dated 1911, one not
approved by the Counoil.)
C-ll how to document that development will not devaluate adjoining proper-
ties. (P. C. members request an "in depth" oomparison, using similar
projects in similar situations, if possible. Appraiser must be
M. I. A. approved. Letters from well-known and reliable real estate
men are also requested.)
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Jan Haugen requests more dooumented information from the LMCD about acoess to lake,
dredging histor,y of ohannel and bay, sight line definition. In disoussion over
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Planning Commission Minutes
Februar,y 12, 1916, page 2
the definition of "yacht club", members were referred to the definition by Frank
Kelly, whioh is the one that governs the decisions in the City of Shorewood.
Upon inquir,y as to why Mr. Cross has persisted in his request for over fifteen
months in the face of great opposition, Mr. Thompson indioated that Mr. Cross has
a substantial investment in this property. Not much more investment is needed to
develop the plan to oompletion. He also commented that in his experience there
is no proposed development these days that is not accompanied by substantial oppo-
sition. There is muoh citizen involvement in public hearings.
Steve Larson expressed concern that under a conditional use permit in R-l there
are no rules or regulations, no standards of any sort set down to govern develop-
ment.
Jerr,y Miller expressed the hope that if and when a public hearing is scheduled on
this matter, that all parties come with objective, olear and verified information.
This is the only way a public hearing can serve a constructive purpose.
The next item of business was the referral of the Residential-Reoreational Zoning
Ordinance by the City Council for revision. Planning Commission members were each
assigned one p~ge of the ordinanoe with instructions to look at testimony of the
public hearing, to answer question "if there is a reason for something, what is it?"
Following are page assignments: Frank Reese, page 1 Steve Larson - page 4
Jane Cole, page 2 Vern Watten - page 5
Jerry Miller, page 3 Jerr,y Breoke - page 6,1
Jane Cole recommen9-ed that P. C. members look at Frank Kelly's original draft of the
R and R.
Frank Reese moved, Jane Cole seconded, a motion to send Shirley Rioe, p. o. secre-
ta~ to the Planning Seminar on Februar,y 25 and 26th. Motion unanimously oarried.
Upon request from the Park Commission to have a planning commission member attend
their meetings t Jerr,y Brecke volunteered to take on the assignment.
Jan Haugen explained the proposed questionnaire which will be distributed to city
residents. Information that will be requested is material that is neoessar,y to
submit when applying for HUD grants.
Jerome Miller requested that Frank Reese make available to members copies of the
guidelines for deoision making in planning commission matters that is published
by the City of Bloomington.
Vern Watten moved, Steve Larson seconded, a motion to adjourn the meeting at 10:10 p.m.
Motion unanimously carried.
Respectfully submitted,
Shirley Rioe, Seoretary
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PLANNING INSTITUTE. February 25,...26, by the Minnesota State Planning Agen9YJ S. ~
Opening Talk: "Role of LaYlllen and Professionals in Planning andZon:ing Ad.ministration"
by Richard 13abcoc,k (well,...knoWl1 land use lawyer) author or The Zon1.llg Game
l'here is a growing restlessness with procedurt;i! in la.l1d use decisions.
Ex. 1. Mr. Day of the Daily Oregonian declares the mess. in land use decisions
arises because of lawyers and pla.l1ners V~RSUS decisions by laymen such as:
2. Cleveland has just passed a zoning ordinance whereby vari~lcesmust
be submitted to the citizenry in a referendum and it must pass by
a 55% vote , with the variance petitioner paying for the referencluxn.
Because of casual practices by lay bodies and lack of fairness in the decision-
making process, courts want to see the relationship between implementing ordinances and.
comprehensive land use policies and plans.
The important element in zoning is CHANGE. But fairness in the process is
important in order for the law to seem fair. $0 far, the record for "process"
has been lousy.
I. Criteria to insure fairne$s and due process.
A. Planning Commission should give written reasons for decision.
B. Zoning ordinance should prohibit "X-party" contacts.
C. Ordinance should have provision for ways to handle conflict of interest
on the part of investigators and decision makers.
D. Ordinance should specify time period in which decision must be made.
"Justice delayed is denied.."
E. Planning consultant's report should be available for inspection before
public hearing.
F. Ordinance should have provisio:n for pre-planning conferences with J.nterested
parties.
II. Relationship of zoning ordinance to comprehensive land use plan and policy
statement
It is the assurance that the public is being protected.
What is the record of decisions? Examine decisions made and see if a
"policyll emerges. Will planning commission use that "policy" next time
it has a similar decision? (Citizens are entitled to ,know ahead of time
what the possibility is a$ far as decision making iaconcerned.)
(Excellent legal source for establishing policy statement is AMERICJUi LAh~
PLANNING LAW, (5 vols.). Contains model zoning ordinances with hypothetical
illustrations in establishing policy statement.)
Mr. Babcock firmly believes in a syst.elll of law where laymen makes the ultimate de-
cision, but the process must be fair and substantive policies mllst be laid down in
advance.
TALK: IIlncreasing Planning Effectiveness" by Professor Jerome Kaufman, U of Wis.
Dr. Kaufman contends that the present situation is explained thusly:
Planners have some.thing to say.
Planners aren't listened to.
Planners have to get the government to listen to them.
were...
Planners generally present their proposals which w8a usually a9companied by a
rational approach to the product--which means a carefu~controlled analysis of
the situation resul hng in a decision to allocate or use land. liardly eVer is
page 2
a reoommendation acoompanied by a suggestion fClr'apower approaoh (whioh idea is
very likely to raise hackles in somequelrters). Planners spend too much time
planning, compared withdevelo~ingstrategies to get plans implemented. Asa
strategist and. tactician in implementing plans they propose, they should attempt
to inject a policy, modify a pOlicy, prevent proposal implementation, USe persua.,..
sion, mediation or conflict resolution.
FOLLOWING IS CHART DR. KAUFMAN PROPOSED AS A 'l'OOL 'fO PLOT STRATEGY IN IMPLE1I;;E:NrING PL1ili:
rfARGET GROUP
Target Group
Self Interest
Peer group
infl uenoe
Sucoessful/
Unsucoessful
past tactics
Atti tude
toward plan,...
ni.ng agenoy
Resources
1. Mayor
2. Chamber of
3. Commerce
4.
eto.
Power
'rlho do ihey
respect?
Exchange
Persuasion
Court__flaHer
Convince
'l'rade-Offs
Good, bad
Indifferent?
Strategists
Influenoers
SPECIFIC
ISSUES
Target Group
Resouroes re:
issue area
Spec. ooncerns
about plan. 9om.
goal/propos~l
Polioy preferenge
re issue area
Stake/motiva-
tion-How oom-
mi tted
Supporti va
Opposition
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. WORKSHOPS :
Pield Inspeotions: Go out for inspections: Response to citizen oomplaint
Routine spot checks
Regular inapeotions for viol.ations;
oonditional use requests, variance appeals,
certificate of ocoupancy, amendments! to
zoning maps
If violation is reported: olarify whose jurisdiction (sanitation engineer'?
building inspector? zoning administreltor?)
take pictures
send oertified letter to property owner
bring actiol1 under nuisance oomplelint to foroe compliance
Building without permit: Require apply for building permit(in some oases, there
is double chare,""e for permit)
If varianoe is needed, go through re'gular procedure
to review and grant or deny variance. In extreme
cases, may require removal of qffending structure.
Record Keeping: Material was quite sophisticated and applied to a bigger vclUlIle
of bUilding than goes on in Shorewood.
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Minutes, By-laws, Motions,
Cheok lists & Homework: Planning Commissions find themselves having to defend
their decisions before the public and in some cases, the court.
It is import~t for a Gommis$ion to have their own By-laws.
Duties and Objectives: What is the Plannil1g Commission"s role in releltion
to the Council? Is it advisory? !)oard of RevieW? (GOOd idea to have
joint meeting with P.C. and COUl1oil. Some municipalities have such
meetings every 5th Monday which comes twice a. year.)
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Things to be included. in B;r~law considerations;
Membership: Address ~he matter of absenteism/
Officers and Duti.es: :b well as officers, consider including oommittees.
Meetin~ - Good idea to plan for annual meeting at wnich time planni-ng philosophy
could be discussed (also could be a semi-sooial event). .
Conflict of interest rules:
Public Hee.~in~:Reootnn.lenda.tiotls
I. Agenda. :refleo~ .wha.t~~nds or>a,()tiOtl.is( aI'e). tobet~en.
2. Spokesman pf Pla.nnine!Coinrnis!1Ji()~OMsumma+,ize >wh~th~s t~en place so
far. . ..
.3. Planning eommissi<>nei'$ shOuldtalcenotes. Keeptr@koftil'rl.e tpkeep
meet ing going. the
4. The. mOre factual/data, the better. the recommendatiOn.
S. Make sure motions are clear and ~e.a fonn.
6. Commissioners summarize reasons for their votes .to<prevent appearance
of decisions being arbitrary, caprioious or unreasonable.
7. After closing a public nearing. pl~ing cormnissiol.l should gather around
table for discussion (this would not violate open meeting law,but would
facilitate di.scussion.)
Minutes
Outline:
Title of meeting, place, time, date, p1ann~:ng cornmissioners present
Appearances made by;
Witness and summary of testimony
Hearing closed
Matter taken under adVisement, or whatever
Adjournmeni;.
Homework - To build P. C.'s credibility, the f9110wing are suggested..:
Reference was made toG'WUlar J:sberg' sHandboo,k for Local and Regional Pl&nnine.
Highly recommended. One P. C. has one of its members review one chapter at
each planning commission meeting.
Planning Commission should develop ~owledge of P. C.'s assignments and its
problems.
Do homework. Don't just react.
Take time for education ,talk policy with one another.
Visit other Planning commission meetings. Observe.
Have meetings with city council.
Seek proper relationship with staff.
Seek good input from neighbors.
Have a good feel for what questions to ask.
Know the land.
Request good staff reports.
~lswer questions such as: is it legal? what are precedents? what is relation
to compreh(imsive plan?
Court has upheld zoning for esthetic purposes -- case: Minnetonka could restrict
billboards in residential area.
Cannot deny trailers in municipality, but can restrict them to an area such as
a trailer park.
LEGAL ASPECTS OF PUNNING 100> ZONING: H is important to have Comprehensive Land
Use Plan and Policy Statement t'o back up decision. An Ecoriomic Development f'19-."l
is useful too.
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PUBLIC HEAHINGS: HOv.Ia.rd Kaibel of thE! Office of Rearing ,q;:x:al'niners offers the
services of his agency. 1745 University Ave., St. Paul ...296.,..6910
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page 4
ISSUES IN LAND USEDEVELOPME1rr
Description of the No:rthfield P1anl'ling CoJnJnissiqn and the way it functiQns ma1ces
it seem to be a very effective body.
Carver::ounty wants to preserve agricultural lan(i for food produ,ction and prevent
leap frogging housing develoPment. A.ft~r moving from l acre, to 5 ac:re, to 10 acre
requirements, they have developed a requinnent that demands lots be 40 aCreS ,..lith
one acre set aside fOr a living unit. Otherwise, property owner must go through
the regular $ubdivision process. He expresses satisfaction that this new arrangeroent
is doing vJhat i;hey hoped it would dO.
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TO CotJNCIL AND PLANNING COMMISSION' MSgBERS -F''ROM JAN HAUGE}!
':-Jednesday" - Feb. 25tb
After usual'll registration, introductory remarks and announcements...
plc;s 3. welcoming message-the two day seminar "THE PLAI'TNING G(l~ISSION rJ
LOCAL GOVERr~INT" or "THEY NEVER LISTEr; TO us 1\ COmIl'lEnlCed.
RicDaI'd Babcock, attorney from Chicago, spoke to us on liThe Role of
Laymen &i'tcH'essionals in Planning & Zoning Administration". It was I;is
opinion that Lay persons should be more involved; should actually be in
charge. They should be' practica.l in regards to land use. There must be
comprehensive. pVmning and ordinances pertaining to land use.. One thing
that must be remembered is tnat cnange is important in zoning; :it is a
response to individudrequests.
A Planning Commission should follolPl these rules.
1-There should be requirel'1lents that written reasons for or
against a proposal be provided .
2- UEx-r'arty" contacts (meetings and hearings other than publi c)
must be prohibited. Might be in ordinance form.
3-Srol;1 d have a II conf'l ictof interes t I! ordinance.
4~Stafr or consultant reports should be available to all.
5-11. time period should be set dOl-In !:l$ to when recommendations
mus t be lllade.
6-Provisions must be made to give notice to nelghbot$ early in
the game'.
7-Clearly define word.B in your ordinance.( 01 ear enough so those
in the future knot<\! what you meant.)
B...Public hearing process must be rail' and just... and must 9,ppear
so. Should be like a court.
The Councils lIlustcbnduct themselves in the same lIlanneras prescribed
for the Commission. Policy-sand rules must be established to insure just
'decisions. 1'0 formulate policy read the 'Zoning ordin!'l.nces; stud;}' variances
and changes; check recent amendments; and retJlew the COI1prehenstve Land
Hse Plan. Ask if' it is iumortant to have the zone tbere sa a holding zone.
The later (C.L.ll.P.) ls.sometilll€'so'terlookeQ, and now is.e.cqulr
signifbance.. GivelUustrntionsin your policy clarify it.
de'chi ons to d.iscover the pol iC~f.. ..people will then be able to find
predictabili ty.
~l:1" Fat suggested 60 days should be Ume enough to get out
reeome!1daUohillO state either to aSsume in favor of proposal or it is to
be deni.ed if no 1"6cottlmenda tion is given by tl:e allotted time ;wtth the
understa.nding that there should be no presumption by council 01" developer
of proposal that it's correct.
If anyone has a conflict
frOm the decision Wilking.
It. is ,vise to encourage PIx:!.J ding in eR2 zones :rather than R1 be cause
ofedonomics. Sometimes. they dOh't need side ,froht or back yards and
set Mcks.
There is ho law against down gradi.ng unplatt.ed land although many think
tbere is one. 'l'hey are cOflf'used Ioli th the one on platted land. Keep in
rr:ind the issue Oh unplatted land should be is down grading reasona.ble in
view of facts presented.
interest.. disclose it. th~n remove youreel f'
Hext or; the a.genda Was a s11de presentation on "Planning Commissions
and their role ". The points brought forth ,..ere:
1-PlannitJg Coromissions."etould have by-1a.ws.
2...Their technical role is planning, reacting t(). plans of others
and zoning ordinances; sub-divisions and their regulations,
capi tol iml'1'ovement planning and recormtenda tion to the counCil.
;..Zduea.tionalrole )!4ou.1d be to explain w~lat. it's doing and why.
4...Institutlond rola WQuld be to provide data, technical f~H::ts,
studies and alternatives.
"1/1ho Should be on the Planning Commission and How Do They Get There?1I
was tne next session. "
Pick someone who: 1) enjoys planning for the futul"e;2) has the strength
to say no; ,) has a background tba.t\ indioatea broadintereats;4)are
busy people (will have no time for small talk and w11 1 make deehiol'18);
5) has some expertise in specific fiellds; 6) has tille to commit tOl11eetinp,
hearings, and necessary preparation;. 7) can stand tho harassment sometimes
handed to them; B) will be an environmental watchdog.; 9) shows concern and
interest in the city (civicmindedness); 10) has capaeity to listen well
and can sort out the issues.
Political affilHation should liQI. have any bearing On the appointment.
1110uld be good to have an advisor person they could call on for information
that is in banking and/or finance. \A!atcn out for conflict in interest due
to occupation - i.e. real estate salesman or land developer. Credibility
of commission must not suffer.
St. Cloud gives t of license fees to Planning Commission Fund. Ca.n
oalr be used to further oommuni ty developement. Thelr members are appointed
for 7 years, but ususally only etay on for 4 years.
?ridley has an interesting set-up. The Council appoints members to
7 sub-committles (Human Relations, Parks, etc.) Each committee elects one
person to the Planning Commission plus an alternate so there will always
'be a full Ciommission. The Commission elects their own chairman.
Next we were to hear about IIRelationships of Planning Oommissions and
other Depar'blents, Organizations and Levels of Government ."--- ~/ell fri,ends,
the only thing that came out of the meeting was;
1) Educate Oouncils and appoint~es what their functions are.
2) For better planning make sure there is good communicattion between
CQUncil, commissions and people.
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The last hour of the day covered II!-[onotoring Oonditional.. U~J'ermi ts.
This is usually the #1 problem in a oity. ~~unioipaHties don't,fare too well
in courts regar~ing them. The theory is more control, but the reverse is
true. C.U.P's control the Councils and Commissions. More and more councils
are realizing they must define terms to specify limits for NOW AtiD THE ~J~~mE
and must be reasonable. Li::lok anead - tbere mignt not be a.nyone around to
know your intentions.
!310omington onanged the meaning of C.tT.P. Instead of tne usual "use
suitable totne a.rea" they specify "use NOT suitable to the area".
I!- was suggested tnat a stipulation requiring "owner occupied" be in
some variances. Be sure to monitor conditions S$t down in the variances.
If tbe'!!Je~~sno complience hold a hea.ring; give an either/or decision; then
close th$~ down if they still don't comply.
If a permit is issued it must be used within 9 months or they must
return for another hearing.
Bloomington has broken down their use permits.
1) Ad1ninistrative use permits ~ historically never turned down.
2) Seasona.l use permits ~ good for one year.
,) Conai tional use permit - good for 2 years .
If the use permit is in confliot wi th the develtentalPlani t is
denied. Use must be in the ordinance. .
Tags a.re issued if the pel'Illi t stipulations are not follewed. On tne
2nd tag they areei ted for appearance in court. 'rd tag file a oomplaint,
and if the ~th tag is issued take thel.l'lto oourt to revoke permit.
THURSDAY FEB.a6tn
Dr Jerome Xauf:oan spoke on It!nereaeing Planning Effectiveness"
Frankly I found n1m a.n arrogan+gotisticd bore. . Some . of his sugge$tions
were suspicious and bordering on being 111egal. '!'he first h a1 f nour WA.S
devoted to p"lugging his new book on planning and 1>a g himself on the
back 1'or his grea~. C'ou!"se$ t3t the U .0fWhcon91n ~ l!I a 11'ole890r.)
lrlell. that's the way he suggested you gat thing, done regarding
planning. How do you like his way o.f doing i tf1'!
"Legal Aspeots af Planning and Zaning" cavered 4 areas. The first was
RHow to use yaur attorneyll He prosecutes and is at the will of the council.
Who. didn't. knaw t.ha.t???
"Relevant Minnesota Court Deoisio.ns" told us to' have facts, figures,
reaso.ns dOCUJllented to. back up yo.ur decisions. Be sure so. they can't call
yo.u capricious. Speoify what cri terla should be put down for vllriances.
:1:9,ve legitimate reasons for all yo.u do. Then he described a case - one that
involved City of lUnnetonka. va. ~Taeg6)e. (Sound fal'dliar to any-one.)
The next speaker more or less eohoed what had been said by the others.
So did the next one - and the next one!!
One speaker was interesting. She suggested a commission should
estima te the rate of gr01"th your ci ty is expanding and pro. .1ect it for the
future. 80.. .~. with the cost of grawtb and amo.unt af services
required.
You shauld keep the P.R. image of a commission low-key. Take your
lumps for what you do. and go on. Cri tiehm is part of the game. There
shoul d be two. meetings a l1lo.nth for the planning commissio.n. Orne ror dis-
cussion only and the other for review and results.
PLANNING IS FUMBLING FREELY n;TO THE FUTURE!! Eh-tha-tha-that t a all folks.
.
.
.
ORDINANCE #77
Sectien 7: Conditienal Use - :Valid for one year, unless building permit is issued and
censtruction actually begun and occupancy permit is obtained.
Subdivisien 3 - Procedure
A. Letter to, planning Commission to request a pre-appearance.
B. File application for conditional use permit with city clerk, accompanied
by non-refundable fee of $100.00.
C. Complete form with fellowing information:
1. legal description ef land
2. evidence of ownership and "beneficial interest" in tract of land
and proposed development.
3. evidence that applicant has the meney to finish the development
4. submit plans showing:
(a) current zoning classification
(b) existing land use of tract and those tracts directly adjacent
to it.
(c) any Significant topographical or physical features ef tract.
5. three copies of preliminary plans showing:
(a) location, size and use and arrangement ef preposed buildings,
and existing buildings which will remain.
(b) quantity of off-street parking and loading spaces.
(c) locatien of projected entrance, exists and circulation drive
(d) locatien, use and size of structure and ether land uses
on adjacent properties
~e) proposed lot and blocks, if any
(f) areas proposed to be conveyed, deeded or reserved for
public use er community open space, parks, playgrounds,
schoel sites, recreational facilities.
(g) preliminary sketches of proposed structures and landscaping
(h) drainage plan fer develeped tract
(i) tabulation of use area, site ceverage, parking spaces,
residential density, floor area devoted to commercial uses
and other development data.
6. provision for open space or recreational facilities -
(a) submit maintenance and care schedule
(b) if area is to, be owned by other than muniCipality, submit
cepies of propesed articles of incorporation
7. submit copies ef any restrictive covenants with respect to
property in prepesed development
8. submit schedule of development or unit construction stages, with
approximate beginning date and completion date for each stage
(See Ordinance #77 for details).
9. Planning Commissien may require traffic survey and subsequent
impact on area.
10. statement showing relatienship to, future land use plan fer Shorewood
11. statement why property will net decrease value of preperty in
neighborhood
12. statement how proposed development is designed, arranged and operated
in erder to permit orderly development of near-by property.
DATE OF: Public Hearing before planning commission
Notice sent to, adjoining preperty ewners
Planning Commission's recommendation to Council (within 90
Ci ty Ceuncil recommendation ldays of above date)
(within 60 days of above date)
,
i +-\\. ~
SHOREWOOD
MEMO:
Planning Commission
Agenda
DATE: 3/5/76
Meeting: March 11, 1976,7:30 p.m., Ninnewashta
Elementary School
1. Informal discussion with Kr. Larson, a pl~umer,
with proposal for medical center (consisting of
clinic, nursing home, apartment for elderly, etc.)
for Brom's Market propert;y.
2. Work on the Residential-ltecreational Zoning
Ordinance
3. Compile list of criteria to be given to prospective
planners re Shorewood's needs.
e
..",
e
--
PLANNING COMMISSION - MINUTES
CITY OF SHOREWOOD
March 18, 1976
The Planning Commission met for a study session on March 18, 1976, at Minnewashta
Elementary School. In the absence of the chairman, Vern Watten called the meeting
to order at 7:50 p.m. Present were Commission members Jerry Brecke, Jane Cole,
Steve Larson and Council member Jan Haugen. Absent were Jerome Miller and Frank
Reese.
The approval of the minutes of the meeting of March 11, 1976, was deferred in order
to have time to read and study them.
The members proceeded with their review of the Residential and Recreational Zone.
Irving Turner of the Gideon's Bay Association was present (Beverly Plathe arrived
later). Mr. Turner once again inquired into the nmure of the instructions from the
Council regarding the R and R. After considerable discussion as to whether the
Planning Commission is to assess first whether there is a need for a Residential-
Recreational Zone or whether their task is to review the final draft of the R and R
and make it more stringent (or both), the Planning Commission asked Council member
Haugen to secure specific written instructions from the City Council.
study of the R and R started with page 3.
Reference was made to a study by Orr-Schelen-Mayeron on construction of docks. The
material included is still pertinent and has valuable recommendations.
g.
Docks-Design
In Item No.4, remove the words: "in an area thirty (30) feet beyond
two hundred (200) feet." It shoul d then read;
(4) Gasoline dispensing equipment shall not be attached to docks on
which private boats are tied, but shall be located no closer than
thirty .U2l ~ from any boat slip. (Jane Cole willcheck in:ro-
the matter of gasoline dispensing and LMCD requirements.)
Items (5) and (6) remain as is.
Docks-Material
In Item No.1, remove the words: "treated" and "of". Item No.1
should read:
(1) Shall be constructed of non-deteriorating lumber or metal construction.
After discussion about upkeep of docks, the following item was inserted.
Change Item (3) to (4) and insert new Item (3), which reads as follows:
(3) Dock support posts shall be aligned vertically and docks at all
times shall be kept in good repair.
(4) Boat slip covers shall be permitted only as approved in the
design plan.
h. Ancillary Facilities
(1) (Check with Frank Reese about definition of "light accessory marine-
line equipment." Does it include items like anchors, rope, tackle,
fishing equipment, life belts, preservers, fish nets, etc? Does
it mean to include only items that are safety related, and not items
that could be sold for revenue purposes only?)
e
w
It
.
PLANNING COMMISSION MINUTES - 3/18/16
Page 2
h. Ancillary Facilities {contd.)
(2) Remove "fishhouses". Item (2) should read:
Rentals of fishing boats, canoes, and pontoons shall be limited to
a total not to exceed twenty-five percent (25%) of the slips.
(3) Revised from previous minutes of March 18, 1916, to read now:
Storage of the number of boats, or cradles, or trailers shall not
exceed thirty percent (30%) of the slipho1dere.
(Check on the difference in meaning between "slips" and "slipholders".)
Add new statement for (4).
(4) Stacking of any items mentioned in Item h(3) is to be permitted only
on approval by planning commission and yearly review by city council.
i. Site Plan
Addition of the underlined phrases now makes item (1) read as follows:
(1) Site Plan shall be drawn to scale showing dimension of site, drainage,
lakeshore footage: location of docks, shape and design of docks, flow
of boat traffic, location of boat dock covers, location and d(Sign
of buildings on site, zoning of property within one thousand 1000)
feet of site, access roads, parking and boat storage area showing
parking stalls and traffic flow and impact ~~, location of
screening, lighting with controlled lighting patterns, and approved
landscape design.
Jerry Brecke reported on his attendance at the Shorewood Park Commission meetings.
They are planning and have already had joint meetings with Park Commissions of other
South Shore municipalities. They invite the Shorewood Planning Commission to attend
their meeting on April 5th, at which time they will present their plans for Shorewood
and what they have discovered in their work so far.
Jerry Brecke will request copies of P. U. D. ordinances from Golden VAlley, Plymouth,
and Cottage Grove.
Jan Haugen reported Frank Kelly's oplnlon regarding reserving dockage for Shorewood
residents, as follows: A percentage of dockage could be held for a certain length
of time, but if after that date is passed and the docks are filled by primarily
non-Shorewood residents, they cannot be forced to vacate for a local resident.
The meeting was adjourned at 10:15 p.m.
Respectfully submitted,
Shirley Rice, Secretary
PLANNING COMMISSION - City of Shorewood
MINUTES - March 11, 1976
.
The Planning Commission of the City of Shorewood held its regular meeting on
Thursday, March 11, 1976, at Minnewashta Elementary School. Jerome Miller, chair-
man, called the meeting to order at 7:40 p.m. Also present were Jerr,y Brecke,
Jane Cole, Steve Larson, Frank Reese, Vern Watten and City Council Member Jan Haugen.
Frank Reese moved, Jane Cole seconded, that the minutes of the meeting of Febru-
ar,y 12, 1976, be approved as submitted. Unanimously approved.
.
First item of business was an informal discussion with the Planning Commission
regarding a development of the Brom's Property (now owned by Horace Murfin) on the
South Service road of Highway 7 just west of Vine Hill road. Representing Summit
Properties were Bill Soules, Glen Pagel and Dick Larsen. Mr. Larsen of Larsen
Associates showed plans and a model for a proposed health care -- geriatric center
for the 25-acre site. The tentative plans call for a clinic; extended care (nurs-
ing home - 200 beds);retirement home (100 units for one or two people); two senior
citizen's apartment complexes (50 units each) and office building. Contour of the
property would remain pretty much as it is with some filling or leveling needed
for the eastern front part of the lot where gravel has been removed. Traffic to
and from the Christmas Lake area would be directed through the development and
would merge on to Highway 7 at the point of the development for those traveling
East. The office building could contain such services as a grocery store, beauty
shop, drug store. Mr. Larsen said the model was only a prototype and did not
reflect any specific architectural proposal. Securing municipal water from the
City of Minnetonka for this project would likely bring a $30 ,000 assessment. He
also suggested Shorewood might want to sponsor housing for the elderly through
federal programs.
Jan Haugen suggested he contact George Gerberding of the Minnesota Synod of the
Lutheran Church in America, in order to become acquainted with the church's plans
for elderly housing and see if there is a possibility of working together on this
project. Also he should check with the Minnesota Transit Commission regarding
the required width of roads needed by busses that might service the area.
The Commission's response was generally favorable, but they requested more specifics
from Mr. Larson: who is going to do this project; provide a specific rendition of
what type of buildings are planned; how will it be done (time table, financing);
and what specifically will go into the project.
After discussion regarding possible zoning of the property, Frank Reese moved,
Jane Cole seconded, a motion to recommend to the City Council that they look into
a Planned Unit Development ordinance that would allow other than residential planned
developments for the City of Shorewood. It was unanimously passed.
The next item of business was the reV1Slon of the Residential-Recreational Zoning
Ordinance. Interested citizens present for this discussion were Irving Turner and
Beverly Plathe of the Gideon's Bay Association.
.
Mr. Turner inquired as to the need for an R and R zone. He expressed concern that
citizens would feel the R and R is a "subterfuge" for a marina to come into Gideon's
Bay. J. Miller responded that the council had directed the Planning Commission to
review it and bring back a revised and more stringent version. The R and R is a
preferred vehicle to a conditional use because it would establish more controls.
Conditional uses would have to be reviewed each year and an R and R would be re-
licensed yearly.
.
.
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PLANNING COMMISSION MINUTES
March 11, 1976 - page 2
PAGE 1 - FRANK REESE
Two things he looked at in reviewing the first page were the first draft and the
comments from the Public Hearing and the "rehash" with the Planning Commission in
December. He asked the question as to whether there should be other uses listed
in the R and R besides marinas, public and private. Through discussion with the
council over the months, and the city attorney, and because of the press of time
the work thus far has been in the area where the need seems to be the greatest and
uses most pertinent at this time. Other quasi-public things have been suggested,
but it would take time to work out all possibilities.
After considerable discussion regarding adding other types of recreational uses to
the R and R and with the possibility of amendments to follow, Frank Reese suggested
adding in the fourth line of Purpose (Subdivision 1) after "sites of the City":
These uses would encompass such needs as public and private marinas, riding clubs
and other outdoor activities.
Discussion about public or private marinas as to why certain activities are allowed
to private marinas and restricted to public marinas: responses reflected that it
might not be in the interests of the neighborhood to encourage further use of the
area. Private marinas need more land to provide buffer and there are strong set-
back requirements.
How about restricting use of boats? Can non-members come in and use boats? Can
members lend their boats to friends, business associates, etc? The possibility
of corporations taking over certain number of slips concerns p. c. members. Members
feel that by raising the number of slips that are required to be set aside for
Shorewood residents that this problem might be addressed.
PAGE 2 - JANE COLE
Under A. Definitions
2. Marina, private:
add and their guests after "members of the
marina"
Discussion ensued regarding subtracting power boats from authorized uses. There
is a need for control over what use an applicant applies for. A slip is not to be
inter-changeable between one use or another in a given year. Application should
specify proposed use -- these requirements may be listed under '~iscellaneous
Requirements" on page 6.
B. Special standards for issuance of conditional use permits.
1 . Marina, pub 1 ic
a. requirement to protect small lakes (Christmas, Galpin, Virginia)
b. slips - a slip could be described as an area from stringer to
stringer. The area could be two boats or one boat per
slip depending on the feet between the stringers.
There is a need for a good definition of "slip". Frank Reese
will bring that to the next meeting.
The number of slips (50 - 100) is of such a size that it seems to be appropriate
to our community and is economically feasible for the operator.
.
.
.
B.
Special
1.
PLANNING COMMISSION MINUTES
March 11, 1976 - page 3
standards for issuance of conditional use permits. (contd.)
Marina, public
c. square footage of land parcel - NO CHANGE
d. lake shore footage - NO CHANGE
e. Parking requi rement s
(I) Add underlined phrases: "Three-fourths (3/4)" motor
vehicle "parking stall per authorized boat slip,
minimum size - 300 square feet."
(2) NO CHANGE
(3) Frank Reese mentioned new techniques in surfacing park-
ing lots that might be more esthetically pleasing and
still fit the requirements. By striking out and adding
to, number (3) should read as follows:
"Driveways and parking areas to be ~ acceptable,
permanently ~ and dust proof surface and provided
with drainage satisfactory to the City drainage plan."
No direct drainage to lake allowed.
(4) By striking out and adding to, number (4) should read
as follows:
"Parking and storage (boats and boat cradles) areas to
be screened to meet requirements as recommended by
Planning Commission."
The feeling of the members is that if operator can't
do it on the sight in an acceptable manner, then he
would be required to find other area removed from the
marina sight.
(5)
By striking out and adding to, number (5) should read
as follows:
"Parking, boat, and boat cradle storage to be permitted
only where and in the manner shown on the approved site plan."
Some attitudes regarding boat storage are:
Including boat storage is economically important because
the operator needs to have a reasonable opportunity to
thrive, otherwise a shoddy operation might result.
If screening is required for storage areas, the fencing
might need some landscaping to soften the effect of a
harsh wall.
Boat storage seems to be part of the character and flavor
of a water (recreational) area -- E. G. New England. Not
necessarily a negative feature for some people.
On-land stacked storage is only economically feasible for
500 boats or more. What about height limitations and
screening for stacked cradles?
(6) NO CHANGE (Check with Bill Keeler for LMCD regulation.)
( 7) NO CHANGE
f. By striking out and adding to, letter (f) should read as
follows:
"Access to site to be from arterial or collector street and
to be free and clear to a width of at least twenty-four (24)
feet of driveway."
PLANNING COMMISSION MINUTES
fllarch 11, 1976 - page 4
. PAGE 3 - JEROME MILLER
g. Docks - Material
(1) By striking out,number (1) should read as follows:
"Shall be constructed of non-deteriorating lumber or .~
metal construction. f1
.
.
h. Ancillary Facilities
(3) By striking out and adding to, number (3) should read as
follows:
"Storage of boats and boat cradles shall not exceed the
combined total of thirty percent (30%) of slipholderB:"
Because the weather was inclement, Jerry Brecke moved, Steve Larson seconded,
a motion to adjourn at 10:30 p.m. Motion carried unanimously. The next meeting
will be Thursday, March 18, 1976.
Respectfully submitted,
Shirley Rice, S~cretary
INVESTMENTS" INSURANCE
5525 TIMBER LANE
EXCELSIOR. MINNESOTA 55331
612 - 474c7673
""':",',':.. .-....-<..-,'..: ,:', ~
~~~
.~~
.
.
.
March 31, 19.76
Dear Planning Commission Members:
I hope you will take your valuable time to read what is enclosed.
Enclosed is the Findings of Fact, Conclusions of Law, and Order for
Judgement against the City of Shorewood.
You will also find letters that were written to Mayor Stephen Frazier
re9arding the proposed Sl1orewood Yacht Club or whatever.name it ,may go
by this year. The name keeps on changing due to the political windsor
legal strategy maneuvering.
These letters can also be interpreted to mean not only Conditional Use
Permit, but also the Dangerous Residential Recreational proposed ord-
inance. This proposed ordinance is for the purpose of circumventing,
deceiving, evading, thwarting and/or outwitting the Shorewood Residen-
tial Zoning Ordinance for Commercial Uses in Residential Neighborhoods
where citizens make their homes.
The citizens of Shorewood would like to be able to trllst, believe, have
confidence, a$surance and steadfast faith that they can depend upon.their
Existing Residential Zoning Ordinance. The present COurse that is being
ta~en is a bad bill of goods that is being crammed down our throats,
no wonder citizens have a distrust of public officials.
These letters were written by people off the lake and on the lake. They
took the time and effort to put their concerns down on paper and may
I add signed their name, not just put an "x" on a piece of paper, Unsigned.
Please take the time to read their letters. They took their time to
write, and they pray that their concerns do not fall on deaf and politi-
cally motivated ears with no concern about the rights our citizens would
like to believe they have in their residential areas.
Sincerely"
Irving L. Turner
Resident of Shorewood, Minnesota
LAKE MINNETONKA CONSERVATION DISTRICT
402 EAST LAKE STREET
WAYZATA, MINNESOTA 55391
TELEPHONE 612/473-7033
FRANK MIXA,EXECUTlVE DIRECTOR
80AADMEMBERS
March 26, 1976
RoIIert K. Pillsbury, Chairman
t,tinnetonh ' .
ThomuS. MlIple, Jr., Vice-ChairmanCJ. ty of Shorewood
D~an c/o Shirley Rice
AI... W. Clane, Secretary 200. Manor Road
M.nnetonka Beach . .
Robert T. Br'OWI'I, Tms"rer Shore'W'ood MN 55331
GrellnWOOd
AI.. Fasching
. Minnetrista
Orval R, Fenstad
Mo...d
~s N. Grath....,l
I1;xcet.ior
Herbert N. HankillSoo
Tonka Bay
Frank R. Hunt, Jr.
Spring Park
William C. Keeler
Shorewood
Robert S. MacNamara
Wa~ata
Angus T, Morrison
Woodland
Robert L. Searl es
Orono
Jeanne Slrohm
Victoria
George M. Tallon
LlIketoMl TownshIp
Dear MrS. Rice:
lDre&,pt9Youx request.. cq;ocerning t1;l.e e.ff'ects of sail boats on
boating de i1o1 and the eoolO#'.i1 on Gideons j3~, we listed below area
boat density indexes and the effect of' suggested numbers of boats
upon those indexes.
Boats Stored per
Aore of Water
Boats Stor~d per
Mile of Shoreline
Boat Density Indexes
Gideons B~
Exoelsior B~
Lower Lake South
Lake Minnetonka as
a whole
0.76
2.;0 ,
0.38
0.48
1.0
57
172
86
53
Index Base Numbers
100
Gideons B~:
if 125 boats
It 100 It
It 75 "
n 50 "
were 'added
fI fl
" "
" It
98
92
85
79
1.19
1.11
1.03
0.96
There is current1:y very little knmm about the eoologioal impact of
such activity on thea:re:-. ',. A Federal study of' motor boating on fresh
water lakes,al though canpleted some time ago, has not yet been re-
leased to the public. We know of no such work currently being done
concerning possible ef'fects of sail boating.
Probably the best information would be gained f'rom an environmental
impact study, speoifically of this proposal for Gideons B~.
We are also enclos:i,.ng the list of' marinas currently licensed by the
Iu'iCD.
We would be happy to be of further servioe conoerning the matter.
Very truly, yours,
cc: Robert L. Searles
William C. Keeler
LAKE MINNETONKA CONSERVATION DISTRICT
.
.
COMMERCIAL MARINAS ON LAIC8 Mlmr:ETONKA
AIm NUMB.~ OF BOATS
.
Boe.t & Motor Naxt of Excelsior
Cochrane's Boatya-rd, Inc.
Curly's Minnetonka Marina, Ino.
Dennis Resort
Ga.Yle ',sz.taxina. Corp.
Gra;y's Bay Resort
Greenwood Maxina
Kehoe's Resort
Maxtin & Son Boat Rentals
Martins Resort
Minnetonka Boat Works (Orono)
Minnetonka Boat Vlorks (W~zata)
North Shore Drive Marina
North Stax Marina, Inc.'
Paul's Landing
Rockvam Boat Yards
Stubbs Ba;y Marina
Surfside, Inc.
Ton,ka Ba;y Mar ine
Windwaxd Marine, Inc.
Total 20 oommeroial facilities .
42 other multiple facilities
Total boats stored
95
110
118
14
134
134
100 (
,74
15
22
66
55
95
95
98
31
66
25
85
104
1,536
,1 ,54~"
;,081
1-7-76
.
_rd ,(OJfi) ~2)/
@T~;;;u. cgytane/P
.
.
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INVESTMENTS - INSURANCE
5525 TIMBER LANE
EXCELSIOR. MINNESOTA 55331
612 - 474-7673
April 7, 1976
City of Shorewood
Shirley Rice
Dear Shirley,
~uld you please get me oopies of the planning commission meetings that
pertain to The proposed R & R.
Al so could I have all information that has been suppl ied to ther planning
commission and council that has anything what so ever to do with the
Yacht Club, Marina, or whatever name it goes by today.
If you'd make a separate file marked Irv Turner, and give me the same
info as the planning Commission or Council, lid appreciate it and of
course pay for it.
-
Thank Y~U', ~
~-~ ;<~..
Irving L. Turner
Home Owner and resident of the City of Shorewood
e ~o
.,
To: Planning Commission
From: Shorewood City Council - Jan Haugen
Date: March 29, 1976
1. Go ahead with the Residential-Recreational Zone as instrUcted once
before.
2. Do some research about marinas. See the previous memo (3/18/76)
for specific questions to get background material on. Proceed
with all expediency because of the court order on the Kehoe case.
Thumbs down on City-Kehoe! Thumbs up on Ridinger!
3. Forget P. U. D. ordinance because it causes all sorts of problems.
AGEi'I'DA
April 1, 1976 -- study session on the R and R
e
April 8, 1976 -- Jerry Duggan of Tonka Auto Body and Supply requests an
informal hearing on April 8th regarding a zoning
change from 8-3 to C-3 for the property at Highway 7
and Cliristmas Lake Road (southwest corner) Aud. Sub. 120,
Lot 145.
April 22, 1976 -- Public hearing on April 22nd on "InterStudy" proposal
by Dr. Paul Ellwood (see enclosed letter to J. Miller)
for the Brenden Property, 5740 Merry Lane (Aud. Sub. 120-
Parcel 2600).
****
Kristi Stover joins your ranks at this next meeting. She has been appointed
to take Tore Gram's place on the Commission. Her address is 4755 West Lane
and her telephone numbers are: Home - 474-7973 Work - 935-8601
.
.
.
.
.
THE PLANNING COMMISSION
Minutes - April 1, 1976
The Planning Commission met in a special study session on April 1, 1976,
at Minnewashta School. Chairman Jerome Miller called the meeting to
order at 7:45 p.m. Also present were Jerry Brecke, Jane Cole, Frank
Reese, Kristi Stover (new member), Vern Watten and Council member Jan
Haugen. Steve Larson was absent. Irving Turner of Shorewood and the
Gideon's Bay Homeowners Association was also present.
Jerry Brecke moved, Vern Watten seconded, a motion to approve the
minutes of March 11, 1976. Motion approved.
Jane Cole moved, Jerry Brecke seconded, a motion to approve the
minutes of March 18, 1976. Motion approved.
The memo from the City Council was reviewed, instructing the Planning
Commission to proceed with review and amendment of the Residential-
Recreational Ordinance; to make a statistical survey of marinas; and
not to pursue the development of a Planned Unit Development ordinance.
The list of Lake Minnetonka marinas from the LMCD was divided among the
members for purposes of a survey.
Cochranes
Jerry Brecke:Dennis Resort
Gayle's Marina
Rockvam's
Frank Reese: Stubbs Bay Marina
Greenwood
Vern Watten: Gray's Bay
Curley's (Caribbean)
Surfs ide
Kristi Stover: Tonka Bay
Windward
Jane Cole:
Jerome Miller: North Shore
North Star
Paul's Landing
Martin & Son
Martins Resort
Mtka. Boat Works (Orono
& Wayzata)
Discussion returned to page 5 of the Residential-Recreational
Page 4 is to be delayed to next meeting.
Ordinance.
Under "g" Docks- Design
(3 ) As is
(~) Jane Cole will search out state department regulations
(DNR) regarding gasoline dispensing at a marina. David
Hooj Shorewood Fire Marshall, might also be consulted.
Possible reading: "Gasoline dispensing equipment shall
comply with regulations of the Department of Natural
Resources."
(5) As is
(6) Change "Uni form" to tvlinnesota State. "The Minnesota
State Building Code shall be used in making the review,
minimum live load of forty (40) pounds per square foot.
Maximum deflection 1/240 of span.
.
PLANNING COMMISSION - 4/1/76
Minutes - page 2
(7) Add Lighting Vern Watten and/or Frank Reese will bring
information regarding regulations for lighting for public
safety -- how much candle power, necessity for "down"
lighting, etc.
Docks - Material
(l) Cross out "treated" and "of". Should read:
Shall be constructed of non-deteriorating lumber or
metal construction.
.
(2) As is
(3) Add new item. "Dock support posts shall be aligned
vertically and docks at all times shall be kept in good
repair."
(4) Insert former Item (3) here and number it (4).
"Boat slip covers shall be permitted only as approved in
in the design plan."
h. Ancillary Facilities
..
Substitute new statement for Item (1).
(1) "Clubhouse shall be so designed that it shall meet the
requirements of the Minnesota State Building Code, shall
not exceed two stories or twenty feet in height, and
must provide at least equal visual compatibility with
adjacent neighborhood."
Insert new wording for Item # (2).
(2) "Other recreational facilities such as swimming pool, and
game courts and permanent ancillary use structures shall
not be located closer than three hundred (300) feet to
adjacent residential property, nor one hundred (100)
feet from shoreline." (Statement regarding storage of
boat~liminated.)
Add new Item (3).
(3) "Storage of the number of boats or cradles or trailers
shall not exceed 30% of the slips."
Add (4).
(4) "Sale of light marine equipment is to be permitted."
Site Plan -Item (1) under Marinas - public and private on pages
3 and 5 is to be removed and inserted as Item (1) under "B" on
page 2 under Special Standards for Issuance of Conditional Use
Permits.
Change, numbering on Marina - public to 2. and on Marina - private
to 3.
.
On page 2, Special Standards for Issuance of Conditional Use
Permits
"Site Plan shall be drawn to scale showing dimensions of site;
zoning of property within one thousand (1000) feet of site;
access roads; drainage; lakeshore footage; location of docks;
shape and design and dimension of docks; flow of boat traffic;
.
.
.
.
PLANNING COMMISSION - 4/1/76
Minutes - page 3
B. Special standards for issuance of conditional use permits.
1. Site Plan (contd from page 2)
location of boat dock covers; location and design of
building on site; location of parking and (boat)
storage area(s) showing parking stalls, traffic flow,
and impact on area; location of screening; location of
lighting with controlled lighting patterns, landscape
design.
Looking ahead to page 6 - the following are items to be
researched for discussion and decision at the next meeting.
E.Miscellaneous Requirements
Waste disposal
Prohibition of public address system
Launching hoist
Electric power at each slip
Jan Haugen suggested that planning commission members put together
their rationale for various decisions (like why allow more slips in
private marina than in public, etc.) made regarding the Rand R in
order to have answers ready for the Public Hearing.
Frank Reese moved, Jane Cole seconded, a motion to adjourn the meeting
to April 8th. Motion carried.
Respectfully submitted,
Shirley Rice, Secretary
.
City of Shorewood
The Planning Commission - Minutes
April 8, 1976
The Planning Commission met in regular session on April 8, 1976, at
Minnewashta Elementary School. Chairman Jerome Miller called the
meeting to order at 7:45 p.m. Present were Jerry Brecke, Steve Lar-
son, Frank Reese, Kristi Stover and Vern Watten. Jane Cole came at
9:00 p.m.
Frank Reese moved, Jerry Brecke seconded, a motion that the minutes
of April 1, 1976, be approved as submitted. Motion carried.
.
First item on the agenda was an informal discussion with Terry Duggan
regarding his inquiry to change R-J zoning to C-3 for the 3-acre site
on the southwest corner of Highway 7 and Christmas Lake Road (Auditor's
Subdivision 120, Lot 145). He proposes to construct a new building
on the eastern end of the property to house his business, Tonka Auto
and Body Supply, with the addition of an automotive service center for
installing auto parts, the details of which proposal were outlined
in a brochure he distributed to the planning commis.i~n members.
Frank Reese inquired why rezone to C-3 instead of C-2 which fits his
proposal, and members expressed concern over rezoning the whole three
acre tract to Commercial. It would be taking too much of a chance over
what might want to go in there. Inquiry was made of Mr. Duggan as to
whether he had solicited neighborhood reaction to his proposal. Vern
Watten felt that area residents had suffered problems by the intrusion
of the apartment complex at their "back door" and may resist any more
major changes in the area.
Mr. Duggan was advised to get a reaction from property owners in the
area and specifically to try to get a petition signed by citizens
indicating their acceptance of the proposed zoning change and con-
struction. Also he should check the zoning ordinance for requirements
he needed to fulfill before seeking a Public Hearing from the City
Council.
Next item was an informal discussion with Dr. Paul Ellwood regarding
the occupancy of the Brenden property by InterStudy. He requests the
addition of another conditional use to the Zoning Ordinance in R-l
zone: namely to allow as a conditional use a non-profit research and
educational corporation, provided the same meets the standards set
forth in the ordinance. InterStudy is a medical research and educa-
tional group, employing about 25 people, which engages in activities
such as reading, writing and consulting. It would not be a conference
center and any construction would be for purposes of convenience or
repair and would be interior. They would be allowed tax exempt status
but would be prepared to pay taxes to the city. He has interviewed
a number of property owners on Christmas Lake and the consensus of
those conversations was that though they prefer that a single family
occupy that property, they would not object to Inter-Study's proposed
use. Following are conditions suggested by residents and Dr. Ellwood:
.
1. Property should maintain residential character.
2. Conditional use, if granted for this property, should not
be permanent, but reverse to residential, if InterStudy
should vacate it.
.
.
.
Planning Commission - 4/8/76
Minutes - page 2
3. Any parking or traffic should be limited to space
for 20 cars - or an area of 50 x125 feet.
4. No more boats should be moored than would be from any
residential property on the lake. Suggestion: no more
than two boats.
5. Activities carried on should not include clinical or
biochemical research.
6. Signs should be confined to small letters, about 3" high.
Public Hearing notices for April 22, 1976, regarding this property
(Aud. Sub. 120, Lots 146, 154 & 155) have been pub1ished in the
Sun Newspaper and sent to nearby residents.
Bruce Thompson, lawyer for John Cross of the S~orewood Yacht Club,
made an inquiry regarding the revision of the Residential-Recreational
Zone. He sought a clearer definition of the difference between public
and private marinas and why requirements are more stringent for pri-
vate marinas.
Vern Watten moved, Steve Larson seconded, a motion to adjourn. Motion
carried.
Respectfully submitted,
Shirley Rice, Secretary
PUBLIC HEARING
CITY OF SHOREWOOD
PLA~NING COMMISSION - Minutes
April 22, 1976
I
The Planning Commission held a Public Hearing on April 22, 1976,
at 7:30 p.m. at Minnewashta Elementary School. Present were Plan-
ning Commission members Brecke, Cole, Miller, Reese, Stover and
Watten. Steve Larson was absent. Council member Jan Haugen was
present, as well as about fifteen interested citizens.
Jerome Miller, chairman, opened the Public Hearing and listed the
agenda as follows:
1. To amend Zoning Ordinance No. 77, Section 7 - Conditional
Uses, Subdivision 2, Paragraph A (3) (a) to read:
"Religious institutions, or non-profit research and
educational corporation, provided the same meets
the standards set forth in the ordinance."
2. Request by InterStudy for conditional use of lot 146,
A. S. 120 (Brenden property, 5740 Merry Lane, on
Christmas Lake) by a non-profit research corporation.
.
Jerome Miller declared publication of Public Hearing notice to have
been certified and notices mailed to affected near-by property
owners as required by the ordinance. He indicated that anyone who
wished to speak should sign his/her name and address for the record.
He commented on the effects of making amendments to a zoning ordi-
nance and the careful consideration that must be given to such a
proposal. He introduced Dr. Paul Ellwood of 5655 Christmas Lake
Point to explain the InterStudy proposal for the Brenden property.
His testimony appears in the Planning Commission minutes of April 8,
1976, including attached documents. Following are several addi-
tions to the conditions requested by neighboring property owners and
the Planning Commission and which were agreed to by Dr. Ellwood:
1. Add a restrictive clause to the deed that allows only
single family dwellings to be constructed on this pro-
perty in perpetuity.
2. Plant additional trees and shrubbery to screen the
parking lot more completely.
3. Be willing to pay taxes levied against property.
Following are some concerns expressed by citizens in the area:
.
Mike Pierro - If this amendment is made, what does it mean
for other pieces of property in area?
Frank Davidson - Will the staff be increased significantly
so that more buildings need to be constructed, traffic
significantly increased, etc.?
Al Reynolds - Citizens of Christmas Lake are concerned for
the environment of Christmas Lake and the whole of Shorewood
as well. Many people from there have served the city in
many ways. Christmas Lake citizens are more concerned that
seven single family dwellings would go into the Brenden
property than a group like InterStudy, which would use the
property in a quiet manner.
Robert Fayfield - Inquired how city and citizens would know
of restrictive covenants that would be negotiated.
,
.
.
PUBLIC HEARING
Planning Commission-4/22/76
Minutes - page 2
Harvey MacKay: How long will it take for a decision to be
forthcoming from the Planning Commission and Council?
Nancy Larson: If a residential area can benefit from a re-
ligious institution in its midst, can one say that it would
benefit from having a non-profit institution in its area
(even thought she approves of InterStudy and its presence
on the lake)?
Art Sanderson: Does InterStudy have tax-exempt status?
Will it pay taxes to Shorewood?
George Noren: Lives across from property. Has no objection
to its being used by InterStudy and no objection to proposed
amendment. He sees it as a good buffer between areas.
Paul Ellwood: (1) Staff doesn't need to be large to be
effective. Would be reluctant to be pinned down to a specific
number for staff limit. Coming and going of people would be
limited. They have a few offices in other cities. InterStudy
generally goes to its clients, rather than clients coming to
them. (Later Dr. Ellwood agreed to restrict number of employees
at this site to forty.)
(2) Re: non-profit status. State statutes spell out criteria
as well as the Internal Revenue Service. (Any profit must go
back into education or research and research mus,t be in the
public domain -- for a couple of examples.)
(3) Board members have to be people other than staff (excep-
tion, Dr. Ellwood). People who would represent the public
would make up the board. The board decides salaries. The
board receives no financial benefit from their service.
(4) This is a fine endeavour to be introduced into Shorewood
and would attract a number of good people to become citizens
of this city.
(5) Suggestion for limiting boats need not be as stringent
as it is. Power boats should be restricted, but sa'ilboats
and other quiet craft could be present in greater numbers.
The Public Hearing was closed at 9:00 p.m.
DISCUSSION RE: INTERSTUDY
Upon inquiry Dr. Ellwood commented that InterStudy would appreciate
a decision before July 15th. Would have to pay rent at two places
after that time if decision is not forthcoming. Can move in after
June 1st.
Planning Commission comments:
1.
py a
ted,
size
Because the State Building Code limits number of people who occu-
building, and the number of buildings on a site can be restric-
and the parking lot is limited to a certain size, therefore the
of the staff would thereby be restricted.
PUBLIC HEARING
Planning Commission-4/22/76
Mi nutes - page 3
2. Dr. Ellwood should get professional advice and counsel regarding'
the one new addition to the property -- the parking lot. He should
check with the Lake Minnetonka Conservation District (or the Minne-
haha Creek Watershed District) and/or a professional planner regard-
ing setback requirements from lake; where drainage from parking lot
is directed; amount of square footage needed for 25 parking places;
type of screening allowed; type of lighting used and where placed;
accommodations by state law for handicapped, etc.
3. Planning Commission and City Council want to be apprised of any
negotiated restrictive agreements. ~. ~
.,e6-4Ih1S ''1 e ,r~ CD~~ "
4. Ordinance revision requires two public ,fl",lui~ :YJ,l~ (l+IZ2/7~)
\'J ~l d -9-&'~ f i: F G t a-R-€I-,,'&fl.e re a €i i'ft'Q -a-t ~.~ co u ac.i 1 mGL-t i J '9--" ~, td
o;&-R s t i~ OC--~G 0 e 8 R €I h ~"~ .
5. There are a list of requirements to be met for conditional uses.
Does Dr. Ellwood have this? Can he comply with requirments? There
is a need to be consistent (e.g. Shorewood Yacht Club request).
6. InterStudy would be an intrusion of office-type activity in a
residential area. At this point on Highway 7 most commercial activi-
ty in this area is on the north side of Highway 7.
.
7. What will be done with Lots 154 and 155? Are they wetlands?
Could there and should there be some public access to Christmas Lake?
DISCUSSION RE: AMENDMENT TO ORDINANCE
1. Amending the ordinance with this additional conditional use could
allow something undesirable in other parts of city -- could easily be
abused.
2. Is there a difference between profit and non-profit corporation?
Brecke, Cole and Miller want to keep non-profit in the wording.
3. It might be well to investigate history of the Spring Hill Con-
ference Center application for use of a residential property in
Orono.
4. It is important to limit type of "research" allowed in a resi-
dential area in Shorewood.
Kristi Stover moved, Vern Watten seconded, a motion to amend the
proposed amendment as follows:
"Religious institutions, non-profit research and educational
cor po rat ion s , ( @~ g 1w d i J;\ ~ 1 alii Q Fat ~n>~' , --@ R e iii i €l aI, ~ R Y !3 i e aI, a 1'\ e .
.QiB18~ieal FeG0aF8R4. ,,)
Motion carried.
. Jane Cole moved, Frank Reese seconded a motion, that the Planning
Commission recommend to the City Council of Shorewood that Ordinance
Number 77, Section 7, Conditional Uses, Subdivision 2, Paragraph A
(3) (a) be adopted by the City Council of Bhorewood as drafted with
the addition of the words "or non-profit research and educational
corporation excluding laboratory, chemical, biological, and physical
I
.
.
PUBLIC HEARING
Planning Commission - Minutes
4/22/76 - page 4
research", to be inserted between the words "corporations" and
"provided" as well as the words !!..2. part .2i. which is part of the
wetlands to be inserted between the words "acres" and "the site".
Jerome Miller made a motion to table the vote on the motion until
the next planning commission meeting (May 13, 1976). Vern W.il'tten
seconded the motion. Kristi Stover, Jerome Miller and Vern Watten
voted to table; Jane Cole and Jerry Brecke voted no; Frank Reese
abstained. Motion carried.
Discussion regarding the Kehoe court decision to limit dockage and
its relationship to the development of the Rand R followed.
Jerry Brecke moved and Frank Reese seconded, a motion to adjourn.
Motion carried.
Respectfully submitted,
Shirley Rice, Secretary
.
.
SHOREWOOD
MEMO: To the Planning Commis- DATE: 4/13/76
sion Members
The council. has asked that you add some
other items to the research on marinas--
namely having to do with power boats.
1. What are the number of marinas that
accommodate (a) power boats (b) sail
boats (c) both ?
2. What are the waiting lists for slips
or buoys or berths for other kinds
of boats? .
3.
What are the number of slips provided
at each establishment for (a) sailboats
(b) power boats
What is the cost of renting per slip?
(a) sail (b) power boat
What percentage of slips are reserved
for local people?
4.
5 .
6.
7.
Are there other fees or costs?
What are storage requirements? Do
they store everyone's boat or is it
on a percentage basis?
(a) What is cost of storing?
What is fee or slip cost increase over
last year?
8.
1974
1975
1976
Public Hearing - Dr. Ellwood's Inter-Study
proposal, April 22, 7:30 p.m.,
Community Room
.
.
.
.
VillAGE OF EXCELSIOR
339 THIRD STREET
EXCELSIOR, MINNESOTA 5533'
TELE: 6'2-474-5233
OFFtCl!' OF THe VILLAGE MANAGEFI
April 7, 1976
I
I
I
!
L,
M!,s ",Els.a Wil~~e:y, ClerI<
Ci~ot Shorewood '
20630 Manor Road
Shorewood, Mn. 55331
Dear lirs. W:i.l tsey:
This is to advise that an application has heen receive4 for
<Ii Conditional Use Permit and reduce thenwnber of parking
spaces from 18 to 11, for an Animal Hospital adjacent to
Collision Center on CQun~ RQad 19.
,
ThesellUltters w:Ul be heard by the Planning CommissiOn in
the Council Chambers of the City Hall at 7 :30 p.m. Tuesday,
April 13, 1976.
If you have any interest in this matter, please feel free to
attend.
Yours truly,
If~ 1.f4~~
Roy f.. · $wensoll
City Manager
RES:le
Capies sent to.: Jahn Crass, 211-~':5'€)' Sd:ritht'O'w'FI'!' Rd=
!fa r i na fTrop e r t y .
Ed Crepeau, 140 West' Th'i:rd St
Rabt McDougall, Mtka Stat~ Ba'I'l*',i 411
~~Vater Str
.~
&r<t. '
SHOREWOOD
Bernie Mittelsteadt
DATE: 4/28, 1976
Enclased is the plan submitted by DR. Paul
Ellwaod far InterStudy's use af the Brenden
Praperty on Christmas lake. The parking lot
is autlined in red. This is ane of the area's
that Dr. Ellwaad was instructed to. get advice
an, especially becauseaf set back requirements
and drainage into. the channel between Christ-
mas Lake and Lake Minnetanka. Dr. Ellwaad
would appreciate yaur recommendations as
soan as passible.
Thanks.
I
I
I
.
See other side for names of people to whom
notice is sent
~~
.
NOTICE
OF
HEARING
NOTICE IS HEREBY GIVEN that the planning commission of the
City of Shorewood will hold a public hearing on a proposed amend-
ment to the zoning ordinance of the City of Shorewood, being
Ordinance No. 77, which amendment would amend the wording of
Section 7, Conditional Uses, Subd. 2, Standards and Conditions
for Conditional Uses, paragraph A(3) (a) to allow as a conditional
use in any residential or commercial district a non-profit
research and educational corporation, provided the same meets
the standards set forth in the ordinance.
The amendment to the ordinance has been initiated by Inter-
.
Study, and the hearing will be held on the 22nd day of April, 1976,
at 7:30 p.m. at the council chambers in the Minnewashta Grade School.
All interested persons will be heard.
At the said hearing will also be considered a request by Inter-
Study for a conditional use for Lot 146, Auditor's Subdivision No. 120
authorizing the use of the property as and for non-profit research
and educational corporation purposes. The property described is
located at the intersection of Christmas Lake Road and State High-
way No.7 in the City of Shorewood (5740 Merry Lane).
All interested persons will be heard.
.
~'
ELSA
City
Administrator
Dated: April 2, 1976
Published in the Sun Newspapers, April 7, 1976
.
.
I
QRDINANCE #77
SE!ction 7: Conditional Use... Valid for one Y$ar, unlee;sbu,ildirlg permit is issued and
const motion actually begun and occupancy permi tis obtained. '
Subd~ vi ~:;.on 3 :- Procedure
A. Letter to planning Commission to request a pre...appeat'ance.
B. l"ile application for conditional use permit with city clerk, accompanied
by non-refundable fee of $100.00.
C.
Complete form with following information:
1. legal description of land
2. evidence of ownet'ship and "beneficial inte.rest" 1n tract of land
and proposed development.
3. evidence that applicant has the money to finish the development
4. submit plans showing:
(a) current zoning classification
(b) existing land use of tract and those tracts directly adjacent
to it.
(c) any significant topographical or physical features of tract.
5. three copies of preliminary plans showing:
(a) location, size and use and arrangement of proposed buildings,
and existing buildings which will remain.
(b) quantity of off...street parking and loading spaces.
(c) location of. projected entrance, exists and circU,lation drive
(d) location, use and size of structure and other land uses
on adjacent properties
(e) proposed lot and blocks, if anY
(f) areas proposed to be conveyed, deeded or reserved for
public use or community open s.pace, parks, playgrounds,
school sites, '. recreational facilities.
(g) preliminary sketches of proposed structures and landscaping
(h) drainage plan for developed tract . .
(i) tabulation of use area, site coverage, parking spaces,
residential density, flOOr area devoted to 90mroercial uses
and other development data.
6. provision fOr open space or recreational facilities _
(a) submit maintenance and care. schedule
(b) if area is to be owned by other than municipality, submit
copies of proposed articles of incorporation
1. submit copies of any restrictive covenants with respect to
property in proposed development .
8. submit schedule of development or unit construction stages, with
approximate beginning date and completion date fot' each stage
(See Ordinance #11 for details).
9. Planning Commission may require. traffic survey and subsequ.ent
impact on area.
10. statement showing relationShip to fut1lre land use plan for Shorewood
11. statement why property willnotdecreaae value of property in
neighborhood
12. statement how propoaed development is designed, arranged and operated
in order to permit orderly development of near-b~property.
Public Hearing before planning co~ission
-~---_. '., . Notice sent to adjoining property owners
._---- Planning Commission's recommendati(!>n to Council (within 90
.==~=_~.. City Council recommendation ' Ldays of above
(Within 60 days of above date)
DATE OF:
.
SHOREWOOD
MEMO:
Planning Commission
DATE: 4/30/76
Enclosed are the minutes of the Public Hearing.
If the minutes are too lengthy, please let me
know. I shall try to condense my recordings!
Planning Commission meeting has been moved up
to May 6th. I reached everyone but Jerry Brecke
and it seems that you all can attend.
The Council would like a decision on the
amendment and InterStudy and would like you
to complete the Rand R and report it back to
the Council in time for their May 10th meeting.
You also wanted to discuss the administrative
form for the Conditional Use at this meeting.
Best wishes for the weekend!
.
~
.
.
.
.
.
PLANNING COMMISSION - May 6, 1976
Minutes
A study session of the Shorewood Planning Commission was held on Thursday,
May 6, 1976, at Minnewashta Elementary School, at 7:30 p.m. Jerome Miller, chair-
man, presided. Commission members present were :Brecke, Cole, Larson ( arrived
later), Reese, Stover, Watten and Council member Jan Haugen.
Kristi Stover moved and Jerry :Brecke seconded, a motion to approve the minutes
of the meeting of April 8, 1976, after noting that on page 1 in Terry Duggan's
request that it should read he requested a change from R-3 (instead of R-l) to
C-3. Motion carried. -
The minutes of the Public Hearing on April 22, 1976, were corrected as follows:
Page 3, Item #4: Change the word "hearings" to "readings". Strike the
following sentence. Should read: Ordinance revision requires two public
readings by the council.
Page 3, paragraph immediately following #4 of DiscussionRe: Amendment
to Ordinance: Change to read - "Religious institutions, non-profit
research ~ educational corporations", striking out from "excluding" on.
Frank Reese moved, Jane Cole seconded, a motion to approve the minutes as corrected.
Motion carried.
Discussion on the R and R was introduced with a statement from Jane Cole. She
feels the problem with the R and R is that the planning commission is bogged down
wi th defending some things put inlb it and with the "vehicle" becoming cumbersome
and too restrictive. A new ordinance, in effect, is being written instead of a
new zone. Change the title to Sec. 23 - Rec.-l, Recreational District in a
Residential Area. Consider the following statement of purposel
"Subd. 1 Purpose - The Recreationa.l District is intended to accommodate
only those privately sponsored ventures that are oriented to providing
recreational services to the community and that are by geographic
necessity or by nature located -in residentially zoned areas of the community.
Recognizing that the nature of Shorewood is primarily semi-rural and residen-
tial, and recognizing tha.t there is a need to provide the opportunity for
lakeshore usage to the non-lakeshore residents of the community, it is the
intent of this Recreational District that these recreationally-oriented
facilities be established in a manner so as not to interfere with the re-
sidential neighborhoods that surround them."
"Subd. 2 . Permitted Uses
"Subd. 3. Conditional Permitted Uses
A. Water harbouring of boats
:B. Golf course and clubhouse facilities
Details of number of slips, site plan, parking, etc., could be set down at time
of application before planning commission.
###
With the arrival of Steve Larson, the discussion shifted to the proposed amendment
to Ordinance 77, Permitted conditional uses in an R-l area and the application of
InterStudy for a conditional use.
.
.
.
Planning Commission - Minutes
May 6, 1976 - page 2
Following discussion of possible overnight guests, Jane Cole moved, Frank Reese
seconded, a motion that the following amendment be added to the motion made at
the last planning commission meeting as the last sentence of the proposed
amendment motion:
No portion of any structure on site shall be used for the purpose of
providing overnight accommodations t with the exception of caretaker
facili ties.
Motion carried.
Jane Cole moved, Frank Reese seconded, a motion that the Planning Commission
recommend to the City Council the adoption of the following amendment to Section 7-
Conditional Uses, Subd. 2 - Standards and Conditions for conditional uses, para.-
graph A(3)(a) of Ordinance No. 77:
a.Religious institutions, or non-profit research and educational cor-
porations, excluding laboratory, chemical, biological, and physical
research, provided there is a minimum site of seven ac res, no part
of which is part of the wetlands, the site is adjacent to a street
wi th vehicular traffic of over 2000 vehicles per day and that the
site further is adjacent to a commercial district. No portion of
any structure on site shall be used for the purpose of providing
overnight accommodations, with the exception of caretaker facilities.
Motion carried unanimously.
Next item of business was Conditional Use request by InterStudy, Dr. Paul Ellwood,
peti tioner.
Discussion continued on conditions agreed to by petitioner as proposed by the
Christmas Lake citizens.
1. Maintain the residential appearance of the property (other than the
request for addition of parking lot.)
Frank Reese moved, Steve Larson seconded, a motion to allow Dr. Paul Ellwood
to react to comments made at previous meeting. Dr. Ellwood presented two versions
of new plans for the Parking Lot.
2. Dr. Ellwood agreed to the use of Sheet SA, Scheme No.1 from Rein-
ertson and Associates for the Parking Lot.
3. Restrict power boating to no more than is typical of the single
family dwelling on Christmas Lake. Restrict the power boats that
are docked from the property to two-one of whioh oannot be powered
by a motor larged than 25 h. p.
4. Property is not to be used as a launohing site for power boats other
than those be1Gnging to Christmas Lake residents.
5. The signs labeling the identity of the owner should be oonfined to
the property itself and should be dignified with letters approximately
three inches high.
Planning Commission - Minutes
May 6, 1976 - page 3
.
Steve Larson moved, Vern Watten seconded, a motion that the planning commission
recommend to the City Council the adoption of the following amended resolution,
together with the conditions requested by Christmas Lake residents and agreed to
by Dr. Ellwood and InterStudy, as listed on page 2 of these minutes:
WHEREAS, the property described in the attached Exhibit A is located within
the R-l single family residential zone of the City of Shorewood and borders upon
the waters of Christmas Lake, and
WHEREAS, the property described in Exhibit A contains more than seven acres
and the site is adjacent to a street with vehicular traffic of more than 2000
vehicles per day, and further the site is adjacent to a commercial district, and
WHEREAS, the applicant, InterStudy, a non-profit research and educational
corporation, has petitioned for a conditional use permit so as to authorize the
use of the property described in Exhibit A within the R-l zone for non-profit
research and educational purposes, and
WHEREAS, a public hearing has been held on the said request by the planning
commission,
NOW, THEREFORE, BE IT RESOLVED that the planning commission of the City of
Shorewood does make the following recommendations to the city council of the City
of Shorewood:
.
1. A conditional use permit be issued to Inter Study, a non-profit
research and educational corporation, authoriZing the use of the property described
in the attached Exhibit A as located within the R-l single family use district
as established by Ordinance No. 77 of the City of Shorewood, subject to the follow-
ing limitations and restrictions:
a. The conditional use permit shall automatically terminate upon cessa-
tion of the use of the property for non-profit research and educational
uses in connection with InterStudy operations for any reason for a
periOd of more :than ninety days, and thereafter the property shall
revert to those uses allowed wi thin the R-l district of the zoning
ordinance.
.
b. The conditional use permit shall be personal to InterStudy and any
attempt to sell or assign any rights in the conditional use permit to
any other person or corporation shall automatically terminate the
condi tional use permit and it shall be of no further force and effect.
c. No new construction of additional bUildings or structures shall be
permitted under and pursuant to this conditional use permit, except
enclosed connecting passageways.
d. The applicant shall file with the city clerk for review and approval by
the city council all plans for remodeling both the interior and exter-
ior of the buildings and the construction of enclosed connecting
passageways located on the property. InterStudy shall be allowed only
a minimum of exterior remodeling.
e. Plans shall be filed showing the location of automobile parking to be
used in conjunction with the conditional use, including proposed screen-
ing of the parking area with appropriate vegetation and other natural
materials so as to make the same as inconspicuous as possible, as per
Scheme I, Sheet SA, dated May 6, 1976. This plan shows additional
shrubbery around the twenty-six parking places. Such plans shall be
approved by the city council.
.
.
.
Planning Commission - Minutes
May 6, 1976 - page 4
f. The use of the lakeshore shall be restricted to that use which is typi-
cal of a single family residence located on Christmas Lake. Only one
of the boats may have a motor larger than 25 h. p.
g. Any dock located on the property should be typical of those serving
a single family dwelling on Christmas Lake and should be only fifty
feet long. No launching of boats shall be allowed from this property
other than the boats authorized to be stored thereat.
h. Signs identifying the occupant of the premises shall be confined to the
property itself and the letters shall be no larger than four inches
high. Such sign shall be no larger than three square feet.
i. Use of snowmobiles shall not originate from this site.
Motion carried unanimously.
Jerome Miller reopened discussion of the R and R.
J. Miller moved, Jerry Brecke seconded, a motion to allow Bruce Thompson, lawyer
for John Cross, to make comments on the revisions of the R and R so far. Motion
carried.
Mr. Thompson commented as follows:
1. Number of boats allowed in public and private marinas seems to be
virtually the same, though possibly different kinds are allowed in
public marina.
2. Under private marina with the setback requirements listed for game courts
an owner would need at least nine acres of property. There are
examples of public courts being closer to R-l property than 300 and
100 feet, e. g., municipal tennis courts.
3. Some requirements for private marinas, as over against publiC, seem
to be unusually discriminatory.
4. Re boat storage: (page 2) Each site plan is different. Some may be
able to accommodate greater boat storage than others.
5. Limitation of building structures to height of two stories or 20 feet
presents problems that might need to be reassessed.
6. Should language "impact on area" on page 3 (Site Plan) rather read
the effect on the area in order to avoid misinterpretation, i.e. t
possibly requiring an impact statement?
7. The requirements for private marinas are fairly restrictive. Should
encourage facilities far superior to any presently existing on lake.
Jane Cole moved, Steve Larson seconded, a motion to open discussion to anyone
representing Kehoe's Resort. Motion carried.
Terrence Kehoe urged that the Recreational District requirements be simplified and
that each case be dealt with individual, with perhaps a list of do' s and dont. s
to guide an applicant before he comes to the planning commission or council.
Frank Reese moved, Jerry Brecke seconded, a motion to open discussion to Irving
Turner and Peter Wattson of the Gideon's Bay Association. Motion carried.
.
.
.
Planning Commission - Minutes
May 6, 1976 - page 5
Mr. Turner urged that the use of canopys be restricted entirely and that lighting
requirements be addressed.
Mr. Wattson inquired about restricting a marina to docking sailboats only.
J. Miller declared the discussion closed and that the remainder of the meeting
would be a study session.
After considerable discussion regarding "I:'r'oper commercial use in a residential
area", Frank Reese moved and Jane Cole seconded a motion to removed word Residential
from the R and R District title. Brecke, Cole, Larson, Miller, Reese and Stover
voted aye. Watten voted nay. Motion carried.
Frank Reese moved, steve Larson seconded, a motion to present the proposed amended
Recreational District up to page 4 right before "Marinas-Private" to the City
Council for their review. This is in answer to the Council fS direction to the
Planning Commission. Motion carried.
Vern vlatten moved, Jane Cole seconded, a motion to adjourn. Motion carried.
Respectfully submitted,
Shirley J. Rice, Secretary
.
SHOREWOOD
MEMO: To Planning Commission
Members
DATE: 5/l3/76
Steve Frazier would like as many of you who can make it
to come to a study session with the council on Monday
night, May l7, at 7:30 p.m. at Minnewashta School.
Included in the study session would be completion
of council' s revisions on the first half of the
Residential (R-R) Zone and looking into modifications
for the seoond half and also a hearing on Jane Cole' s
Proposal.
1;4
.rom
.
.
PLANNING COMMISSION - May 27, 1976
MINUTES
.
The members of the Shorewood Planning Commission met with the City
Council for a study/work session on the Recreational District amend-
ment to Ordinance 77, on May 27, 1976, at 7:30 p.m. at Minnewashta
Elementary School. Present were Brecke, Cole, Larson, Miller, Stover,
Frazier and Keeler. Reese, Huttner and Naegele arrived later.
Watten and Haugen were absent. Also present were Frank Kelly, Bruce
Thompson, Irving Turner and James and Rita Kehoe. Jerome Miller
presided.
Jerry Brecke moved, Jane Cole seconded, a motion to approve the
minutes of May 6, 1976, as amended: i~e., Page 4, Item g: Change
the word "docks" to dock. Motion carried.
Steve Larson proposed that the Planning Commission call back from
the Council for further work and consideration the Ordinance Change
and conditional use permit request of InterStudy. He was advised
that that is no longer possible--that if he has some additional
concerns, he should address the council in person or by letter.
Next item of business was the Rand R District. After soliciting
opinions from people present, Steve Frazier declared the discussion
would proceed using both the "Cole" revision and the original Rand R
version simultaneously.
.
Frank Kelly commented on problems inherent in Item K on page 7 (Cole
version) dealing with golf courses and riding stables. Upon discus-
sion, consensus was that it would be better to handle such proposals
when specific requests were made.
Frank Reese moved, Jerome Miller seconded, a motion to delete Item B
under Subdivision 3 (Conditional Permitted Uses) having to do with
golf courses. Frazier, Reese, Keeler, Brecke, Huttner, Miller and
Stover voted yea. Larson, Cole and Naegele voted nay. Motion
carried.
.
Cole version: Page 2, A. Site Plan (Paragraph 1)
1 through 13 As is
14 Voted to retain
15 As is (regulated by LMCD)
16 As is
17 Omit
18 Change figure from 1000 feet to 350 feet.
19, 20, 21, 22 Add the following:
19 Name of owner and/ori!lmanager plus mailing
address of facility
20 Location and design of loading area
21 Location and design of storage area
22 Location and design of trash collection
facilities and access to same by trash
collectors
Paragraph 2. As is
Paragraph 3. Omit
Paragraph 4. As is
.
.
.
Planning Commission - 5/27/76
Page 2
B. Impact Study - City Attorney is to review and reword this
paragraph.
Page 3. C. Licensing of Recreational Facility - City attorney will
reword and put in proper sequence.
D. Omi t
E. Omi t
F. Omit (Items land 2)
G. Will be incorporated by City Attorney under Prohibited Uses.
H. Omit Items l, 4, 5, & 7.
2. Add figure: "20 feet"
3. City attorney is to reword this item.
6. Add: "lS feet"
I. As is
J. Cross out: "such as marinas and yacht clubs."
Bob Naegele moved, Steve Larson seconded, a motion that the meeting
be adjourned. Motion carried.
Respectfully submitted,
Shirley J. Rice, Secretary
.
.
SHOREWOOD
MEMO:
DATE: June 1, 1916
To City Council and Planning Commission
From Steve Frazier
Joint meeting this Thursday night, June 3,
1:30 p.m., MinnewashtaElementar,y School,
to work on the remaining portion of the
Recreational District.
Attached are the revised pages of the
"Cole" version of the R and R as of the
meeting of May 21th.
The minutes are not ready in time to be
sent out today although this revision
comprises a major port~on of the minutes.
.
.
.
CITY OF SHOREWOOD
PLANNING COMMISSION - June 3, 1976
MI NUTES
The City Council and Planning Commission met for a study session on
the Recreational District on June 3,1976, at Minnewashta Elementary
School at 7:30 p.m. Present were S. Frazier, J. Haugen, R. Naegele
and W. Keeler (arrived later) and J. Cole, S. Larson, K. Stover,
V. Watten, and J. (Brecke (arrived later). Frank Kelly and Irving
Turner were also present.
Discussion started with p. 4, Item 6 (a) of the "Cole" revision,
(typed May 27).
Irving Turner, resident of Shorewood and representative qf the Gideon's
Bay Association, commented that the work on the Rand R over one and
a half years has moved ihe document more into a commercial area
with less consideration being given for residents' concerns.
Item 6 (Under F - Water Harboring of Boats
a. As is
b. Change "shoreline high water mark" to natural ordinary
high water mark.
Item 7-a.
b.
.
c .
d.
e.
Item 8-a.
b.
c.
d.
e.
Item 9-a.
b.
Item 10-a.
.
As is
Upon intreduction of numerous motions for percentage of
storage of boats, cradles, and boat trailers (100, 70,
50, 45, 30, 0%) no decision was reached.
Upon motion, discussion was delayed thirty minutes.
Motion carried.
City attorney to reword this item.
As is
As is
As is
As is
As is
As is
Insert figure: 20 feet
Omit:
Add:
"off-sale"
after "beer" - provided a license is granted by
the city council
(Repair of boats to be taken up later under
Prohibited Uses.) (Naegele to check with Kehoes)
b.
As is
a.
It was moved and seconded to add after "services":
for only members and their guests. Motion carried.
It was moved and seconded to delete last sentence.
carried. ("The use of the interior premises for the
tion of set-up drinks and beer is permitted.")
It was moved and seconded that the last sentence be
moved to "Prohibited Uses". Motion failed.
Moti 0 n
consump-
a.
a. It was moved and seconded to delete words. "kitchen
facilities and food service", and to add after "tackle"-
snacks and pre-packaged foods. Motion carried.
.
.
.
PLANNING COMMISSION - 6/3/76
Minutes - page 2
Item 1 O-b. It was moved and seco nded to delete: "or 20 feet in
he i g h t" . Mo t ion car r i e d .
c. Upon vote, it was decided to retain as is.
Discussion ensued on items to be included for consideration at next
meeting under "Prohibited Uses".
It was moved and seconded to eliminate Item No. 10 (Water Harboring
Facilities for Private Use) entirely.
It was moved and seconded to table the vote on the previous motion.
Motion carried.
The meeting adjourned.
Respectfully submitted,
Shirley J. Rice, Secretary
CITY OF SHOREWOOD
PLANNING COMMISSION-June 10, 1976
MINUTES
-
The Planning Commission met in regular session on June 10, 1976, at
Minnewashta Elementary School at 7:30 p.m. Present were S. Larson,
K. Stover, F. Reese, V. Watten and Council Member J. Haugen. Also
present were Gretchen Kellogg, Gary Gabriel and Chuck Crepeau.
Frank Reese presided.
Approval of minutes of May 27 and June 3 was deferred to the next
regular meeting.
First item on the agenda was an informal hearing on the subdivision
of the Kellogg Property, 20270 Excelsior Boulevard, Aud. Sub. 141,
Lots 45 and 49, into four lots and an outlot of 20,000 square feet.
Gary Gabriel reviewed the proposed division on behalf of the
Kelloggs. Lot 3 has a road frontage of 60', widening to a set-back
width of 120'. (R-l requires a frontage of 120'.) Commission
urged Mr. Gabriel to try to come up with more frontage on that
lot. Kelloggs were advised to take the project to the City Attor-
ney for information on sewer assessments, requirements for green
space levy, etc.
e
Next item was the Stover purchase of 100' of land in Shorewood from
E. C. Crepeau, land zoned R-5. They are planning to build an animal
hospital in Excelsior, where it is zoned commercial. They have
no plans or need for the 100' in Shorewood, but Mr. Crepeau insisted
that they include that parcel in their land purchase. Council
approval of the division of that property is required in order
for Stovers to complete purchase and start building.
Mrs.. Stover removed herself to the audie nce; he nce, there was no
quorum present to vote.
Stovers would like the land to be zoned C-3 preferably. A C-l
zoning would require variance requests. The area is commercial by
use, having been grandfathered in.
Commission comments:
If the whole R-5 section were rezoned Commercial, then it should
be developed as a unit -- not little parcel by little parcel.
Since an R-5 zoning requires a site of 5! acres, removing this
100' would reduce the acreage so it would not comply with zoning
requirements.
What about switching that whole R-5 section to R-4? Minimum site
requirements are 2! acres.
Would like the Park and Recreation Commission to review this re-
quest in relation to Studer Park and Excelsior's Park plans. What
is going to happen to Studer Park? Are there any plans for tying
in with their Park system?
e
Request direction from Council as to which direction they would
like Planning Commission to move.
It was moved and seconded to table study on division of Lot 214
till there is a quorum present. Motion carried.
Meeting was adjourned. Respectfully submitted, Shirley J. Rice
.
SHOREWOOD
MEMO: Shorewood Council
and
Planning Commission
DATE: June 22nd
I am calling another study session
for the Rand R on this Thursday
evening, June 24th, at 7:30 p.m.
at Minnewashta Elementary School.
You will be called on Thursday
to see if you can make it.
.
Steve
.
.
.
PLANNING COMMISSION-JUNE 24, 1976
STUDY SESSION- MINUTES
The Shorewood Council and Planning Commission met on June 24th, 1976 at 7:30 p.m.
at Minnewashta Elementary School to work on the Recreational District Zoning Amend-
ment. Council members Frazier and Keeler (arrived later) and Planning Commission
members Cole, Larson, Miller, Stover and Reese were present. Also present were
Irving Turner and Bruce Thompson and arriving later, Mr. and Mrs. James Kehoe.
Discussion started on page 6, Section F 10 (c) of the Revised "Cole" version
(typed 5/27/76).
Reese moved and Larson seconded to delete "and shall be provided with appropriate
safety features to reasonably avoid accidents" after "residential". Motion carried.
It was moved by Miller and seconded by Cole to delete F 10 (c) (re: permission for
game courts and swimming pools). Motion carried unanimously. (Any requests of
this sort would be included in Site plan proposal.)
It was moved by Miller, seconded by Stover to insert in Subdivision 4, G, after
"revert to": "the zoning provided for in the district in which said land is
located." Motion carried unanimously.
Discussion returned to F 10 (a).
It was moved by Larson, seconded by Cole, to add after "tackle": "limited kitchen
facility to serve only snacks and pre-packaged foods". Motion carried unanimously.
.
Cole moved, Stover seconded, to insert after "snacks and pre-packaged foods": "3.2
beer and/or set-up drinks, provided license and/or licenses are granted by the -
council. I' Miller, Stover, Keeler, Cole voted aye. Larson and Frazier voted nay.
Motion carried.
Larson moved, Miller seconded, to add : "3.2 beer and set-up~hall be only granted
by 4/5's vote of council for 10 (a). (Add on to 9 (a) "provJ.ded a license is
granted by a 4/5's vote of the Council.") ; Miller, Stover, Frazier, Keeler and
Larson voted aye. Cole voted nay. Motion carried.
Bill Keeler moved, Steve Larson seconded, that the part of 9 (a) and 10 (a) regarding
the issuance of a license for beer and/or set ups be a separate sentence. Motion
carried.
Following is to be added to Section 27 (presently Section 26) (TABULATION OF DIMEN-
SIONAL AND SPECIAL REQUIREMENTS) for R-REC column:
1. (a)
(b)
(c)
2 stories
35 feet
15 feet
2. ( a) 2~ acres mJ.nJ.mum; additional 1~ acres
required where game courts or pools
are permitted.
(b) N/A 4.
(c) 250 feet - lot width at lake shore
. requires 250 feet
(d) See Site plan (S/p)
(e) Sip
3.
( a) Sip
(b) 50' (1)
(c) Sip
(d) Sip
(e) N/A (?)
(f) 75 feet
( a) sip
(b) sip
.
.
.
PLANNING COMMISSION-COUNCIL STUDY SESSION
June 24, 1976
Discussion next turned to the ADDENDUM, which is to be reviewed and revised by the
City Attorney.
Section 2: Remove
Section 4: Remove
Section 5: Insert definition of "Slip" after "Sign-Surface Area".
Section 6: Eliminate "Golf Course and Clubhouse" in the appropriate places. If
applicable, add to Table No.1 in Section 13, Subdivision 12 the number
of parking places allowed for a Water Harboring facility.
On page 4, F - 7. (a) add the following:
It was moved by Keeler, seconded by Cole to add "Summer" at the beginning of
the sentence of (a); Item (b) to read: Winter storage of boats, trailers and
cradles (excluding owner's rental boats) permitted only where and in the manner
shown on approved site plan. Storage is to be limited to authorized slip or
buoy holders.' Frazier voted nay. Miller, Stover, Keeler, Cole and Larson voted
aye. Motion carried.
Study on the R-Rec Zoning District was completed and is to be forwarded to the City
Attorney for review and revision.
Meeting adjourned.
Respectfully submitted,
Shirley J. Rice, Secretary
.
.
.
CITY OF SHOREWOOD
PLANNING COMMISSION
Minutes - July 8, 1976
The Planning Commission met for its regular meeting on July 8th, at
7:30 p.m. at Minnewashta Elementary School. Presiding was Chairman
Jerome Miller and present were Commission members Jerry Brecke, Jane
Cole, Steve Larson, Kristi Stover, Vern Watten and Council Member Jan
Haugen.
K. Stover moved, V. Watten seconded, to accept the minutes of May 27th
as submitted. All voted aye, with the exception of S. Larson, who ab-
stained.
V. Watten moved, K. Stover seconded, to accept the minutes of June 3rd
and 10th as submitted. Motion carried unanimously.
PUBLIC HEARING-KELLOGG DIVISION (20720 Excelsior Blvd.)
Jerome Miller declared the Public Hearing open on the division of the
Kellogg property at 20720 Excelsior Boulevard (Aud. Sub. 141, part of
Lot 49), at 7:55 p.m., certifying that proper notice was published in
the official newspaper; notices were sent to residents within 300 feet
of the Kellogg property; reports from attorney and engineer had been
received; and required fees were paid. Terry Kellogg and Gary Gabriel
were present to explain the amended plat of the property, dividing the
parcel (1355) into three lots with square footages meeting the require-
ments of the ordinance.
Watten moved, Brecke seconded, that the building site setback on Lot 2
should be at a point that is 120 feet in width on a line parallel with
Excelsior Boulevard. Motion carried unanimously.
Watten moved, Brecke seconded, to accept this division of property,
allowing that points one to four in the Engineer's letter of July 7th,
and the concerns listed in the City Attorney's letter be set as restrict-
tions on this division. Motion carried unanimously.
(Council is requested to review Section 5-D (8) of the zoning ordinance
with regard to the buffer strip requirement in relation to this division.)
OAK RIDGE ESTATES-2nd addition
Ted Noble appeared for an informal discussion on his proposed preliminary
plat of Oak Ridge Estates-2nd Addition. He wishes to develop Lots 1
and 3 and 4 and 5, assigning the remaining land as an outlot. He was
advised that a number of new regulations have come up since 1973 (when
he sought approval of the subdivision previously) having to do with
the flood plain level and the adoption of Subdivision Ordinance 79
and it would be well for him to consult the city attorney and city
engineer regarding new and added requirements. Because he had never
filed his final plat after council approved it in August of 1973, he
was advised he would have to go through the subdivision process again,
since that approval had expired acCording to the ordinance. He was
further encouraged to subdivide the whole piece at one time, rather
than doing it "piece meal".
.
.
.
Planning Commission Minutes
July 8, 1976
PAT CUNNINGHAM-LOT IN CHANHASSEN AND SHOREWOOD
Pat Cunningham, owner of a piece of property that is in both Chanhassen
and Shorewood on Christmas Lake requested approval of a division of
that parcel. The total square footage in the divided off portion
appeared to be less than 40,000 sq. ft., with the portion in Shorewood
being significantly less than 40,000 sq. ft. He was advised to produce
an accurate plat layout and to seek counsel from the City Attorney
relative to lot size requirements when it involves two municipalities
with differing minimum square footage requirements, and the legality
of putting together a lot from two differing municipalities.
Watten moved, Brecke seconded, to adjourn the meeting. Motion carried.
Respectfully submitted,
Shirley Rice, Secretary
SHOREWOOD
.,,'
-----,/.-'
MEMO:
Official Notice of DATE:7/5,1976
public Hearing to be sent
to all residents within
300 feet of the property
proposed to be subdivided,
namely 20270 Excelsior Boulevard.
'.'..,
, "
"
.
..
.
SHOREWOOD PLANNING COMMISSION
AUGUST 12, 1976
MINUTES
The regular meeting of the Shorewood Planning Commission was held on
August 12th, 1976, at Minnewashta Elementary School at 7:30 p.m. Present
were J. Brecke, J. Cole, J. Miller, K. Stover, V. Watten and Council
Member J. Haugen. Chairman Miller presided.
PUBLIC HEARING - T. DUGGAN REQUEST FOR REZONING - A. S. 120, Lot 145
J. Miller opened the Public Hearing on a request for zoning change by
Tonka Auto and Supply (Terry Duggan) for the property known as Audi-
tor's subdivision 120, Lot 145. He verified that all requirements had
been met for scheduling a Public Hearing.
Terry Duggan presented his request for rezoning of the southwest corner
property at the intersection of Christmas Lake Road and Highway 7 from
R-3 to C-2. He explained his need to relocate the Tonka Auto and
Supply Company from the northwest corner of that intersection because
of the demands of an expanding business. He submitted a letter request-
ing rezoning of only the easterly Ii acres of Lot 145, which could not
be honored since the Public Hearing was publicized for the rezoning of
the whole parcel. He offered an artist1s drawing of the new building
he proposed to construct and indicated he had met with nearby residents
on Third Avenue and with some members of the Christmas Lake Association.
.
About fifteen residents were present. Mr. and Mrs. Frank Davidson,
Paul Ellwood, Tad Shaw, Paul Seifert, George Noren, Betty Cabalka, Bruce
Benson spoke of their concerns in this rezoning. Davidsons spoke in sup-
port of the request while the others opposed the zoning change.
Upon hearing all who wished to speak, Chairman Miller closed the Public
Hearing at 9:00 p.m.
Planning Commission members indicated concerns for: retaining and devel-
oping a "parkway" look to Highway 7; need to plan for "Year 2000"; this
rezoning could be labeled "spot zoning"; the impracticability of zoning
R-3 for that parcel; character of intersection is already commercial--
this request is not out of keeping; there is risk in rezoning whole
piece of property without knowing plans for the remainder.
Letters were read from the City Engineer, City Attorney and the Green-
wood Planning Commission Chairman and Mayor.
The decision on the rezoning request was tabled to the next regular
meeting of the Planning Commission.
.
Planning Commission members discussed Resolution No. 59-76 passed by the
City Council regarding the delaying of a vote on recommendations after
a Public Hearing on rezoning, amendments to zoning ordinances and
conditional use requests to the next regularly scheduled meeting. Some
sentiment was expressed that the council reconsider their decision
because members felt that the Planning Commission should be free to
decide when a situation calls for it and that they should not be "locked
in" a position by this resolution. No formal motion was made.
J. Brecke moved, V. Watten seconded, to approve the minutes of July 8th
as submitted. Motion carried unanimously.
Meeting was adjourned.
Respectfully submitted, Shirley J. Rice, Secy.
.
SHOREWOOD
MEMO:
DATE: 8/2/76
Planning Commission
It's August already. And we have a Public
Hearing coming up on August 12th.
Terry Duggan would like to have a Public
Hearing on his rezoning request for the
southwestern corner of the intersection of
Christmas Lake Road and Highway 7. Notices
have been sent out. The request is to rezone
it from R-3 to C-2. Enclosed is the updated
packet; however, the engineer's report and
attorney's report are not back in the office
so I'll have to forward that later.
.So far, this is the only item on the agenda!
.
.
LEGAL NOTICE
.
Notice of Public Hearing
Notice is hereby given that the Planning Commission for the City of
Shorewood will hold a public hearing under and pursuant to the Shorewood
Zoning Ordinance (No. 77) on the request of Terry Duggan, to change
the zoning classification of the parcel of property hereinafter des-
cribed, from its present zoning (R-3), to a zoning classification of
C-2 (commercial):
Lot 145, Auditor's Subdivision 120 (2.92 acres)
The property is located in the southwest corner
of the intersection of Highway 7 and Christmas
Lake Road, located in the N. l of Sec. 35, T. 117, R.23.
. The hearing will be held in the Minnewashta Elementary School at
26350 Smithtown Road, City of Shorewood, at 7:30 p.m., on Thursday,
August 12, 1976. Written and oral positions will be accepted and
the Planning Commission will hear all persons desiring to be heard.
~.~'
Elsa Wil tsey ~i
Clerk - Administrator
City of Shorewood
To be published: July 28, 1976
.~ Sun Newspapers
.
.
.
LEGAL NOTICE
NoticeofPublie Hearing
Notice is hereby given that the Plan;ning Commission for the City of
Shorewood will hold a public hearing under and pursuant to the Shorewood
Zoning Ordinance (No. 77) on the req~est of Terry O~ggan, toch:ange
the zoning classification of the parcel of property hereinafter des....
cribed, from its present zoning (R-3), to a zoning classification of
C-2 (commercial):
Lo t 145, Auditor '$ Subdi visto n 120 (2; 92 acres)
The property is located
the southwest corner
of the intersection of Highway 7 and Christmas
Lake Road.
The hearing will be held in the Mi nnewash ta Ele mentary School at
26350 Smlthtown Road, City of Shorewbod, at 7:30p.m., on Thursday,
August 12, 1976. Written and oral positions will ;be.accep:ted and
the PIa nni ng CommisslQ n wi 11 hear all perso os deslri ng to be heard.
~~.
........ is'~ Wiltsey ..~
C 1 er k - Adm i n i s t r a to r
City of Shorewood
.,.
To be published: July 28, 1976
Sun Newspapers
This notice is sent to .. a,llp.ropert
Lot 145. See other side for list.
1976 tax records, plat map and city
owners wi thin 3QOfeet of
Names were found in the
directory. S. Rice
Albert Reynolds, Christmas Lake Association, 5950. Ridge Rd.
Frank Davidson, 848 Third Avenue
S. A. Wintheiser, 850 Third Avenue
Allen Briggs, 5710. Christmas Lake Road
Dan R. Buckman, 5730. Christmas Lake Road
Dr. Paul Ellwood, Interstudy, 5655 Christmas Lake Point
~lter Pree, 5750. Christmas Lake Road
George R. Noren, 5760. Christmas Lake Road
Don Hawkinson, 21265 Radisson Inn Road
Jack Ellott, 21235 Radisson Inn Road
Jack Plehal, 610.5 Baker Road
Audrey Johnson, City Clerk, City of Greenwood
Roy Swenson, City Manager, City of Excelsior
Terry Duggan, Tonka Auto and Body Supply
.
.
.
.'
Notices sent to:
20575 Manor Road; Melvin Cole
20585 Manor Road, Thomas Heitzman
20425 Manor Road, Jerome Zaske
20375 Manor Road, Thomas Doherty
20445 Manor Road, Leroy Newbold
20465 M~anor Road, Charles Babcock
20485 Manor Road, Lowell Frost
20515 Manor Road, Kenneth Johnson
20525 Manor Road, Loren Nelson
20555 Manor Road, Edward Hasek
20615 Manor Road, Stanley Vosmek
20295 Manor Road, James V. Beal
'.
20050 Excelsior Blvd. Bredesen, Jo1m
20090 Excelsior Blvd. Lyons, W. H.
20095 Excelsior Blvd. Cirspinski, stanley
20115 Excelsior Blvd. Amidon, Peter
20145 Excelsior Blvd. Jakel,Donald
20185 Excelsior Blvd. Sennesj Donald
20270 Excelsior Blvd. Kellogg, Terry
20325 Excelsior Blvd. Koerting, Kurt
20350 Excelsior Blvd. Mullen, J. P.
20370 Excelsior Blvd. Bormes, Richard
5385 st. Albans Bay Rd. Rodde, Tom
5285 St. Albans Bay Rd. Dietz, A. H.
5315 st. Albans Bay Rd. Wiltsey, Donald
.
.
.
.
PLANNING COMMISSION
CITY OF SHOREWOOD
September 9, 1976
MINUTES
The regular meeting of the Shorewood Planning Commission was held
on September 9, 1976, at Minnewashta Elementary School at 7:30 p.m.
Present were Presiding Chairman J. Miller; Commission members
J. Brecke, J. Cole, S. Larson, F. Reese, K. Stover; Council member
Jan Haugen; City Attorney Kelly and City Engineer Norton.
Jerry Brecke moved, Jane Cole seconded, the approval of the minutes
of August 12, 1976, as submitted. Motion carried.
REZONING LOT 145, AUD. SUB. 120 (Christmas Lake Road and Highway 7)
The first item on the agenda was a decision on Terry Duggan's re-
quest to rezone the three acre parcel (Plat 34400, Parcel 2500) at
the intersection of Highway 7 and Christmas Lake Road. Jane Cole
moved, Steve Larson seconded, the recommendation to the City
Council that they deny the request of Terry Duggan to change the
zoning on that property, based on the fact that it would be spot
zoning and that there is no good reason fro rezoning it from R-3 to
C-2. Motion unanimously carried.
COUNCIL, PLEASE NOTE: Planning Commission comment:
was not a proper change for this property but there
believe that the present zoning may not ultimately
for this site.
The proposed use
is reason to
be the best use
PUBLIC HEARING-DEIKEL REQUEST FOR SUBDIVISION, BAY PARK ADDITION
Chairman Miller opened the Public Hearing at 8:00 p.m.
Ron Haskvitz, attorney for Ted Deikel, explained the preliminary
plat of the subdivision proposal for the property at 27960-27964
Smithtown Road and commented on the concerns noted in the engineer's
report. Explaining that the cul-de-sac serves only two lots and
that consultation with the engineer indicates that a hundred feet
diameter for the cul-de-sac is adequate for snow plowing, Mr.
Haskvitz requests a variance from 120' to 100'.
Further, the wetlands area located in Block 1, Lot 1, is small
enough in square footage so that subtracting it, there is more than
adquate square footage left in this lot.
The Public Hearing was opened for comments from the audience. Ques-
tions concerning lake rights for the lots and possibility of multi-
ple docks were raised. Mr. Haskvitz commented there are no plans
yet, but there could be a pedestrian easement only to lake, which
would have to be negotiated by the buyer with the owner.
City Engineer and Attorney commented on their reports. Hearing
closed at 8:40 p.m.
.
.
.
Shorewood Planning Commission
Minutes - 9/9/76-page 2
Frank Reese moved, Jane Cole seconded, to recommend to the council
the approval of the Bay Park subdivision subject to the following
provisions:
1. Utility easements shall be shown as per the ordinance
requireme nts.
2. Wetlands on Lot 1, Block 2, shall be shown, sized and
amount of net area left over.
3. Block and parcel numbers shall be placed in clockwise
manner as indicated on engineer's report.
4. Council shall receive written statement on this plat from
the Minnehaha Creek Watershed District before acting on
it.
5. A variance of 20' on the cuI de sac diameter from 120'
to 100' shall be granted.
6. Developer shall add additional sewer lines to service
Lots 2, 3, 4, of Block 1 (as prese ntly show n).
7. Variances on the front and side yard set backs for the
easterly garage on Lot 1, Block 2 and a side yard building
set back and utility easement on the building on Lot 2,
Block 2 be granted.
Motion carried unanimously.
PUBLIC HEARING - PROPOSED SUBDIVISION OF BOULDER BRIDGE FARM-
Smithtown Bay Road and Howard's Point Road
Dick Larson of Larson Associates presented a subdivision proposal
for the Boulder Bridge Farm on behalf of Tom Wartman and Mr. and
Mrs. Duane Little. They propose to develop the Farm in stages, seek-
ing preliminary approval for the whole plat, but final approval only
for Phase 1. The Minnehaha Creek Watershed District, the L. M. C. D.,
the Department of Natural REsources, and the Corps of Engineers had
been consulted about this property (but no written reports were sub-
mitted). They propose a security type neighborhood with private
roads (similar to North Oaks in Ramsey County) and residents would
be required to join a home owners' association, which would exercise
architectural control of homes to be built. All lots have more than
adequate square footage and all attempts were made to keep existing
topographical features intact.
Meeting was opened for public discussion.
Dick and Ann Leavenworth, Stan Morgan, Milt Bruflodt, Bob Dunn,
Frank Wurms, John Baird, Dean Spatz, Jack Chandler, Don Rippel,
John Adams, Kay Skramstad and Jim Heiland were present and asked
questions and commented on the plans. Repeated concerns were expressed
for the high density use of the 250' lakeshore lot and for leaving
existing natural features in tact.
Mr. Kelly, city attorney, commented in a preliminary plat proposal
of this sort only the subdivision is considered. The authorization
for proposed dockage is a separate item and the location and number
of docks can only be approved by a 4/5's vote of the Council in a
separa te ac tio n.
Jim Norton, engineer, reviewed his comments on the plat.
.
.
.
Shorewood Planning Commission
Minutes - 9/9/76-page 3
Mr. Kelly also advised the commission that the proposal as presented
at this hearing comes under the PURD ordinance, rather than a
straight subdivision proposal in a residential zone for the following
reaso ns :
The plan calls for private streets (private streets are not
allowed in subdivision); developing the whole area in a pre-
liminary proposal, but specifically in stages; seeking
authority to put in their own utilities a little at a time;
formation of homeowners' association; ownership of common
areas.
Approval of such a PURD would require that the entire proposal be
submitted in writing and be available for examination and there would
have to be the filing of performance bonds so that in fact the stages
that are suggested by the developer are met and that plans will be
co mple ted .
Mr. Larson responded that they feel this is a subdivision request
under Shorewood's ordinances and they do not want to get into a zoning
change request which would be required if they proposed a PURD.
The Public Hearing was closed at 10:05 p.m.
The Planning Commission request that the City staff and developer
should more clearly define what proposal the Planning Commission
shall consider and that all required materials and reports be filed
in time for the Commission to study them. (Jane Cole demurred.)
Jane Cole moved, Jerry Brecke seconded, to table this proposal until
such time as professional reports are presented answering questions
and comments raised at the Public Hearing of September 9, 1976.
Motion carried unanimously.
Jerry Brecke questioned the scheduling of the hearing when informa-
tion was not adequate. Mr. Larson originally intended to ask for
an informal hearing but understood at a late date that it had to
be a Public Hearing. The Subdivision Ordinance does not require an
informal hearing -- only a request for conditional use permit.
Jerry Brecke mo ved, Ja ne Co Ie seco nded, to adjo ur n the mee ti ng .
Motion carried unanimously.
Respectfully submitted,
Shirley Rice, Secretary
.
.
.
QSUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
LAKE MINNETONKA SUN
350-2nd Street
Excelsior, Minnesota
State of Minnesota
County of Hennepin
} as.
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known as The Lake Minnetonka Sun and has
full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English
language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every
week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the
community which it purports to serve and does not wholly duplicate any other publication and is
not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated
in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered
to paying subscribers, has an average of at least 75% of its total circulation currently paid or
no more than three months in arrears and has entry as second-class matter in its local post-office.
(5) Said newspaper purports to serve Carver County and the Cities of Excelsior, Deephaven,
Shorewood, Greenwood, Woodland, Mound, Spring Park, Mlnnetonka Beach, Wayzata, Long Lake,
Orono, Plymouth and that portion of Minnetonka serving School District No. 276 In the County of
Hennepin and it has its known office of issue in the Village of Excelsior in said county, established
and open during its regular business hours for the gathering of news, sale of advertisements and
sale of subscriptions and maintained by the managing officer of said newspaper or persons in
its employ and subject to his direction and control during all such regular business hours and
devoted exclusively during such business hours to the business of the newspaper and business
related thereto. (6) Said newspaper files a copy of each issue immediately with the State
Historical Society. (7) Said newspaper is made available at single or subscription prices to any
person, corporation, partnership or other unincorporated association requesting the newspaper
and making the applicable payment. (8) Said newspaper has complied with all foregoing
conditions for at least one year preceding the day or dates of publication mentioned below.
(9) Said newspaper has filed with the Secretary of State of Minnesota prior to January I, 1966
and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and
signed by the managing officer of said newspaper and sworn to before a notary public stating
that the newspaper is a legal newspaper.
Notice of Public Hearing
He further states on oath that the printerl
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for
one "uccessive weeks;
that it was first so published on
Wed
2$
. 19-19
thE'
day of
August
and was thereafter printed and published on every
to and including
tb.. day of , 19_ and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowTedged as being
the size and kind of type used in the composition and publication of said notice, to-wit:
''''''''h'k1=''''",W~~ ~
~.V
2$ day of August
.19~
Subscribed and sworn to before me thi"
.^^^^^^^^^"-^AA^^^^^^MMAMMAMMA.
<I ANNE M. WALLIN
\. NOTAKl .ii,~NESOT~
, \)
xVVVV\IINVVWVVWVVVVVWVWW .
.
.
SHOREWOOD
MEMO: To property owners
located within 300'
of the attached
described property.
8/30/76
Minn
The above described ptoperty c0n-
tains 8.0 ocres, and is within !he Resi-
dential (R-ll Zone. The hearing wiU
be held in the Minnewashta Elemen-
tary SdJool, located at 26350 Sll?ith-
town woo4.at8:OO
p.m. .tlD1ber 9tb,.
1m. WSitionswill
be accepted and planning COOl-
mi!lSiOl\ will hear all p~ desiring
to be heard.
El&\ WILTSEY
Clerk-Admhltstrator
(Aug. 2!i, 1976J-LAKE
See other side for list of names and
addresses of property owners this notice
was sent to.
27920 Smithtown
27930 Smith town
27940 Smithtown
27950 Smithtown
27960 Smi thtown
27964 Smi th town
27970 Smithtown
27980 Smlthtown
27990 Smlthtown
S. BAdger
G. Peterson
E. S mi th
J. Latterner
Ted Oeikel
Ted deikel
H. Hayden
G. Nye
F. Fox
.
..
Tom Wartman
l56l2 Highway 7, Mtka
28215 Boulder Circle R. Sampson
28125 Boulder Circle M. Bruflodt
City Clerk, City of Victoria
.
. SHOREWOOD
MEMO: To property owners
located within 300'
of the attached des-
cribed property.
8/30/76
See the other side for
names and addresses of
property owners to whom
this notice was sent.
.
D.
R.
D.
R.
R.
M.
T .
D.
F .
G.
H.
T .
J.
E.
G.
_S.
N.
L.
H.
T.
P.
W.
P.
O.
J.
Spatz
Merz
Little
Ohrbeck
Sampson
Bruflodt
Wartman'
Larson
Fox
Nye
Hayden
Deikel
Latterner
Smith
Peterson
BAdger
Messick
28235 Boulder Circle
28245 Boulder Circle
28265 Boulder Circle
28225 Boulder Circle
28215 Boulder Circle
28125 Boulder Circle
15612 Highway 7
15612 Highway 7
27990 Smithtown
27980 Smithtown
27970 Smithtown
27960 Smi thtown
27950 Smi thtown
27940 Smithtown
27930 Smi thtown
27920 Smithtown
27910 Smithtown
Gregerson 5735 Howard Point
Carlson 27420 Blue Ridge Lane
Schoenecker 27225 Smithtown Rd
Magee 27280 Smithtown
Anderson 5785 Howards Point
Wartman 5755 Howards Point
Bentz 27340 Blue Ridge Ldane
Simon 5990 Lake Virginia Dr
.
Dr. R. Leavenworth 28070 Woodside .
C. Holmberg 28090 Woodside
W. Galis 28100 Woodside
R. Kerber 28110 Woodside
J. Cunningham 28170 Woodside
M. Seqal 28180 Woodside
J. Chandler 28200 Woodside
J. Baird 28210 Woodside
R. Dunn 28220 Woodside
R. W. Leslie 5957 Fairwood Lane, Mtka
R. Thompson 5810 Howards Point
V. Sikorski 5815 Howards Point
R. Brinkman 5845 Howards Point
.
"
....
'""
..-
27920 Smithtown
27930 Smithtown
27940 Smithtown
-21950 Smitl1town
27960 Smithtown
2796.4 Smi thtown
27970 Smi thtown
27980 Smithtown
27990 SIIli th tow n
S. BAdger
G. Peterson
E. 5 mi th
J. La t ter net
Ted Deikel
Ted deikel
H. Hayden
G. Nye
F. Fox
Tom Wartman
15612 Hi ghway 7, Mtka
28215 Boulder Circle R. Sampso n
28125 Boulder Circle M. Bruflodt
Ci tyCl erk, City of \lie tor i a
~
-~,
--.......
.
.
.
.
.
QSUN NEWSPAPERS
AFFIDAVIT OF PUBLICA liON
LAKE MINNETONKA SUN
350-2nd Street
Excelsior, Minnesota
State of Minnesota
County of Hennepin
} ss.
J. R. RITCHAY. being duly sworn. on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known as The Lake Minnetonka Sun and has
full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English
language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every
week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the
community which it purports to serve and does not wholly duplicate any other publication and is
not made up entirely of patents. plate matter and advertisements. (4) Said newspaper is circulated
in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered
to paying subscribers, has an average of at least 75% ~f its total circulation currently paid or
no more than three months in arrears and has entry as second-class matter in its local post-office.
(5) Said newspaper purports to serve Carver County and the Cities of Excelsior, Deephaven,
Shorewood, Greenwood, Woodland, Mound. Spring Park, Minnetonka Beach. Wayzata, Long Lake,
Orono, Plymouth and that portion of Minnetonka serving School District No. 276 in the County of
Hennepin and it has its known office of issue in the Village of Excelsior in said county, established
and open during its regular business hours for the gathering of news, sale of advertisements and
sale of subscriptions and maintained by the managing officer of said newspaper or persons in
its employ and subject to his direction and control during all such regular business hours and
devoted exclusively during such business hours to the business of the newspaper and business
related thereto. (6) Said newspaper files a copy of each issue immediately with the State
Historical Society. (7) Said newspaper is made available at single or subscription prices to any
person. corporation, partnership or other unincorporated association requesting the newspaper
and making the applicable payment. (8) Said newspaper has complied with all foregoing
conditions for at least one year preceding the day or dates of publication mentioned below.
(9) Said newspaper has filed with the Secretary of State of Minnesota prior to January I, 1966
and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State. and
signed by the managing officer of said newspaper and sworn to before a notary public stating
that the newspaper is a legal newspaper.
Notice of Public Hearing
He further states on oath that the printetl
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for one
~uccessive weeks;
that it was first so published ol'l
Wed
25
.19~
the
day of
Auaust
and was thereafter printed and published on every
to and including
thp day of , 19_ and that the following is a printed copy
of the lower case alphabet from A. to Z. both inclusive, and is hereby acknOWledged as being
the size and kind of type used in the composition and pUblication of said notice. to-wit:
'_'''jkl="""~~,, Pi',//.;.-./
~~
Subscribed and sworn to before me tru"
25
, 19 16
day of
August
My (;omm. Expires June 17. B82
.vvvvvwvvvvvvvvvwvvvvvvv .
PLANNING COMMISSION
CITY OF SHOREWOOD
October 14, 1976
~ The regular meeting of the Shorewood Planning Commission was held
on October 14, 1976, at Minnewashta Elementary School at 7:30 p.m.
Present were Presiding Chairman J. Miller; Commission members J.
Brecke, J. Cole, K. Stover, V. Watten; and Council member Jan Haugen.
Jerry Brecke moved, Vern Watten seconded, the approval of the
minutes of September 9, 1976, as submitted. Motion carried.
A resolution to the Shorewood council concerning the Mayor's feel-
ings about a liaison (representing the South Shore cities) to Metro
Council was discussed. No action taken.
Vern Watten moved, Jerry Brecke seconded a motion to write a letter
of inquiry to South Shore cities to explore the idea of hiring a
common planner to work on Comprehensive Land Use Plan. Motion
carried. Jerome Miller will write the letter.
Jerome Miller will also check to see how Edina purchased housing to
qualify for "low-income housing."
Motion to write letter amended: Send letters to planning commissions of
Tonka Bay, Excelsior, Greenwood and Deephaven.
Vern Watten presented packet of letters of Minneapolis Planning Com-
mission and urged Shorewood's interest in a similar approach.
~
A discussion of the need for a planner to assist in the preparation
of a Comprehensive Land Use Plan resulted in the decision to:
1. Write a letter to Planners. asking for their resumes and
backgrounds and fees. (Vern Watten will write the
letter and receive the replies to compare information.
2. Vern will present the letter to the Planning Commission
for consideration.
3. Vern Watten and Frank Reese will interview applicants.
Vern Watten moved, Jane Cole seconded, to adjourn the meeting.
Motion carried.
Respectfully submitted,
Kristi Stover, Acting Secretary
.
SHOREWOOD
MEMO: Planning Commission
DATE: 10/12/76
Heeling: Thul'sday, October 14, 1976
7:30 p.m.
Minnewashta School
Agenda:
Preliminary discussion
of the Comprehe nsive La nd
Use PIa n
--
.
~
PLANNING COMMISSION
CITY OF SHOREWOOD
November 8, 1976
.
The regular meeting of the Shorewood Planning Commission was held November 8,
1976, at Minnewashta Elementary School, Jerome Miller, Chairman, presiding.
Present were J. Brecke, J. Miller, F. Reese, K. Stover and Councilwoman Jan Haugen,
with Steve Larson, Jane Cole and Vern Watten arriving later.
J. Brecke moved, K. Stover seconded, to adopt the minutes of October 14th as sub-
mitted. Motion carried.
PUBLIC HEARING-RUHL BOE SUBDIVISION REQUEST-22340 Bracketts Road
(Wheeler's Outlots Lot 5 plat 35580 Parcel 4000)
, ,
J. Miller indicated that a copy of the legal notice, certification of publication,
list of property owners to whom public notice was sent, attorney's and engineer's
reports are on file at the city hall.
J. Miller commented that the attorney's and engineer's report indicated that
there is no public access to this property--Brackett's Road being a private road
and not a legal right of way and therefore this property could not be legally
subdivided.
Mr. Boe was informed that he should negotiate with property owners along Bracketts
Road in an effort to make it a legal public right of way, as well as making sure
that he provides the Planning Commission with information missing from his sub-
division request. The matter was tabled until such time as he complies with these
requirements.
.
INFORMAL DISCUSSION - NORMAN HANSON'S REQUEST FOR SUBDIVISION OF PROPERTY AT
5760 EUREKA ROAD (Plat 34960 Parcels 0550, 1000, 1500)
Mr. Hansen explained the details of the negotiated property trade-off and combina-
tion/division involving Lot 1 (Eureka) belonging to C. Brown and Lots 2 and 3
(parcels 1000, 1500) (Eureka) belonging to him. The north portion of Lot 2, owned
by Mr. Hanson, bordering on Smithtown Road and containing approximate!y 22,310
square feet, would be traded to Mr. Brown for his easterly portion of Lot 1 (Parcel
(Parcel 0550) containing 25,795 square feet. Then Mr. Hanson would like to divide
this new arrangement of property facing Eureka Road into three parcels: Parcel A
containing 38,482 square feet; Parcel B containing 39,798 square feetr and Parcel C
containing 39,933 square feet. Because this is in an R-l zone, a variance from
the requirement would need to be granted. Mr. Hanson submitted a petition signed
by his neighbors indicating that they have no objections to the granting of this
variance.
.
An informal poll of the Planning Commission members indicated their approval of
this rearrangement of properties and they recommended that since he had the
neighbors' approval of the division that he could go directly to the council for
its approval. Reasons for recommending this division are as follows:
1) this exchange and combination of land is an improvement in lot
arrangement.
2) the property is adjacent to an R-2 zone.
3) this new lot arrangement will give Mr. Brown frontage on Smithtown
Road where he formerly had only an easement.
4) Mr. Hanson's lots now front on Eureka Road
\
Planning Commission Minutes
November 8, 1976 - page 2
.
INFORMAL DISCUSSION
NORMAN HANSON'S SUBDIVISION PROPOSAL (contd.)
It was noted by Steve Larson that in approving this property re-arrangement where
an allocation is made to an already existing piece of property and yet the total
acreage of that parcel comes to less than required square footage, that it is
considered to be a better arrangement of the land and it should not be considered
a precedent to be followed.
INFORMAL DISCUSSION - BOULDER BRIDGE FARM PURD PROPOSAL - 28120 Smithtown Bay Road
Dick Larson of Larson Associates presented a
proposal for the Boulder Bridge Farm area on
and Thomas Wartman, developers.
planned Unit Residential Development
behalf of Mr. and Mrs. Duane Little
They propose a four-phase development, timed to take place about a year apart--
depending on how well the lots sell and the project goes. The Outlot would be a
common area owned by a neighborhood association. In this commons area, there
would be dockage for boats--one slip for each property owner (46 lots). Purchase
of phase 1 (7 lots) is negotiated and will be completed upon approval of this
proposal. (Upon being questioned about approval of docks and the PURD, the city
attorney stated that the use of a common area including the construction of docks,
the number of docks, access to dockage area, etc., would be a part of a PURD con-
tract and such contract would have to be approved by a 4/5's vote of the Council.)
Mr. Larson indicated that the lake access for each lot is very significant. It
is doubtful if lots without lake access could be sold for high enough price to
. make the project economically feasible.
In response to several inquiries from Planning Commission members, the developers
indicated that they do not favor cluster housing for this property as they feel
the Shorewood community prefers separate lots of significant acreage.
They may seek to do some dredging of the channel area into the lagoon; they may
need a variance on the width of one road because it is lined with mature maples
they wish to save; their consultation with the LMCD indicates they (LMCD) would
have no objection to this dockage arrangement (this is not in writing); water
for phase 1 would be provided from an existing large well on the property. They
will need a community system for the whole development. plans for sewer for the
first phase are running a sewer lateral from Smithtown Bay Road. Feasibility
studies for the remaining phases has not yet been done.
Planning Commission members and members of the audience continue to express con-
cern over this proposed "extraordinary" use of the lake. Mr. Larson was advised
that every detail of each phase will have to be completed before the Public Hear-
ing is scheduled. Mr. Miller urged Mr. Larson to consult with the city engineer
and city attorney in ample time so that all information would be available to the
Planning Commission in time for them to become fully acquainted with the propo-
sal.
.
Mr. Larson commented that he and the developers were desirous of hearing any fur-
ther constructive comments, ideas or questions from the planning commission and
neighbors in order to guide them in their decisions.
The informal discussion was closed.
.
.
.
Planning Commission Minutes
November 8, 1976 - page 3
Frank Reese and Vern Watten were instructed to formulate the letter to the planners
and send it to the planners of their choice.
The Planning Commission made informal plans to attend the Land planning Act Seminar
put on by the Metropolitan Council in Medina or Shakopee in early December.
Meeting was adjourned.
Respectfully submitted,
SHIRLEY RICE, Secretary
.
.
SHOREWOOD
MEMO:
To Shorewood property DATE: 11/8 1976
owners within 500'
of the property
described below
Property owners listed
on reverse side
Notice sent to following property owners:
22520 Murray Street Orla Anderson ~
22490 Murray Street H~rold Anderson
22470 Murray Street George Dongoske
22450 Murray Street Robet Rudh
22410 Murray Street Fred Rogers
223~0 Murray Street Archie Glaser
22375 Murray Street John F.Flesher
22320 Murray Street Roger C. Anderson
22150 Bracketts Rd.
22120 Bracketts Rd.
22090 Bracketts Rd.
Robert Jameston
R. G. Hoban
James Pederson
680 Mill Street
St. John's Baptist Ch.
.
350-2nd Street
Excelsior, Minnesota
QSUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
LAKE MINNETONKA SUN:
of MinneSOta
County of Hennepin
$S.
J. R. RITCHAY,being duly sworn. on oath says he is and during all times here stated has
been the vice president' and printer of the newspaper known as 'fhe Lake MinnNonka Sun and has
full knowledgE: of the facts herein stated asfolJows: (1) Said newspa.t:ier is printed in the English
language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said. newspaper is a weekly and is distributed at least once every
week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the
community which it purports to serve and does not whOlly duplicate. any other publication and is
not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated
In and near the muniCipalities which it purports to serve, has at least 500 copies' regularly delivered
to paying subscribers, has an average of at least 75% of its total circulation currently paid or
no more than three months in arrears and has entry as second-class matter in its local post-office.
(5) Said newspaper purports to serve Carver County and the Cities of Excelsior, Deephaven,
Shorewood, Greenwood, Woodland, Mound, Spring Park, Minnetonka Beach, Wayzata, Long Lake,
Orono, Plymouth and that portion of Minnetonka serving School DistriCt No. 276 in the County of
Hennepin and it has its known offiCe of issue in the Village' of ExcelSior in said county, established
and open during its regular business hours for the gathering of news" sale of ,advertisements and
sale of subscriptions and . maintained by the. managing officer of said newspaper or persons in
its employ and subjeCt to his direction and control during all such regUlar business hours and
devoted exclusively during such business hours to the business of the newspaper and business
related thereto. (6) Said . newspaper files a copy of each issue immediately with the State
Historical Society. (1) Said newspaper is. madeavililable atsillgle or subscription prices to any
person, corporation, partnership or other unincorporated association. requesting the newspaper
and making the applicable pa:l'ment. (8) Said newspaper has cop1Plied with all foregoing
conditions for at least one. year preceding the day or dates of ,pUblication mentioned below.
(9) Said newspaper has filed with the Secretary of State of'. Minnesota prior to January I, 1966
and each January 1 thereafter an affidavit in the form prescribed .by,' the Sec.~etary of State and
signed by the managing officer of said newspaper and sworn to before a n@tar~' pUblic stating
that the newspaper is a legal newspaper. .
He further states on oath that the printed Notice of: Public Hearing
hereto attached as a part hereof was cut fr.om the columns of said nbwspapei', and was printed
.
, 19.22
and published therein in the English language, once each week. for' one ~uccessive weeks;
that it was first so published 01' We d
the
'3
day Of iNovember , 19.26.
.
and was thereafter printed and published on every
to and includip.g
the day Q-f
of the lower case alphabet from
the size and kind of type used in
, 19_ lclnd that the following is a printed copy
A to Z. both inclusive, and is hereby acknowledged as being'
the composition and publication of said notice, to-wit:
abcdefghij klmnopqrstuvwxyz
r ~
. ~..' .....' ~I'....~
F' .
. .
Subscribed and sworn to before me thi~
3
day of
~.~
. ~ .
18. t.. 1I0TA~.~. P:t~..~. Mill. ~~OTA
.' . HENNEPIN COUNTY
My Comm. ExpireS July 28. 1978
..
.
.
.
SHOREWOOD
MEMO: To the Park Commission DATE: 12/2/76
and Planning Commission
Attached is a notice of a public hearing
on proposed projects for a HUD grant.
We are seeking help from all of you
to see that interested people will
be in attendance at these hearings
and that a variety of projects be
proposed for consideration.
Note that the hearing will be held at
7:00 p.m. (before the council meeting)
and that it will be held December 13th
and 27th.
Obviously there will be projects for
parks, trails, land planning, etc.
Is anybody interested in the arts?
Could we fund the Minneapolis Symphony
for a Commons concert or a traveling
theater troupe, or if we want to get
into a really controversial area--
how about a public sculpture?
~
.
.
.
ITEM NO. 6
Agenda 11/;2/76
Owner and Applicant - Norman Hanson
- Lots 2 and 3 and part of Lot 1 Eure~a
Plat 34960 Parcels 1000 and 1500
He appear~d informally before th~ plannfng commiS$ion~at their mee~ing
held on November 18 and they informally;appr9vedthedivisions and agree,d with
me that this could be treated as a, simple division rather than follow all the
requirements for a Subdivision.
They felt that the exchange and pDoposed combination of the land in que~tion
was an improvement over the present lot arrangement. Their prime concern was;
that this approval not set a precedent in granting the lot si~e variances.
The following should be considered:
1) Mr. Hanson has presented a petition signed by the surrounding
property owners in favor of the division
2) the property in question is adjacent to the R-2 zone and
commercial property at tureka
3) the new lot arrangement for Brown (parcel 0550) will give
this parcel frontage oniSmithtown Road previously served by
an easement
4)
5)
All lots now front onaipublic road
Property has been assessed two sewer units - one additional
sewer unit will then beidue
6)
Two units of $250 each Will be due
(Park Capital Improveme~t)
Mr. Hanson intends to build on the nort.t"1 lot'and has a purchase agreement
on his existing house. He is quite anxious to get approval as he has to
start building yet this fall in order to sell his home.
Elsa
.
.
.
Shorewood Planning Commission
Minutes - December 9, 1976
The December 9th meeting of the Shorewood Planning Commission was held at
Minnewashta Elementary School at 7:30 p.m., Jerome Miller, presiding. Commission
members present were: J. Brecke, J. Cole, F. Reese, K. Stover and V. Watten.
By motion the minutes of the November 8th, 1976, meeting as submitted were
approved unanimously.
Mark Taggatz of 6705 Apple Road, Shorewood, appeared before the planning commis-
sion to solicit opinions regarding the division of his property into two parcels.
(R. L. s. 463, Parcel B) Such a division would result in lots of less square
footage than the zoning calls for. His property is in an R-l zone, right across
the street from an R-2 zone. The commission members asked Mr. Taggatz to survey
his neighbors and the owner of the property next door (Mr. Garaghty) regarding
their feelings about dividing lots into parcels of less than 40,000 square feet.
Mr. John McCartney, owner of the property at Highway 7 and Christmas Lake Road,
which Mr. Terry Duggan was earlier denied a rezoning for, requested opinions from
the commission as to what use might be approved of for that property. He was
advised that the sentiments of the planning commission and residents in the area
would be to try to prevent any further heavy commercial use of that side of High-
way 7. Suggested uses: clinics, senior citizen center, oivic center, quiet busi-
nesses, well designed multiple housing. He was urged to reject any uses that
would create heavy traffic and use in and out of the property.
Vern Watten agreed to serve as chairman of the commission for the year 1977.
Sample letter to planners re proposal to devise a Comprehensive Land Use Plan for
Shorewood was approved for mailing to the following planners: Brauer and Associates;
Design Planning Assooiates; Hodne Stageberg Partners, Inc.; Howard Dahlgren Asso-
ciates; Nidwest Planning and Research, Inc.; Urban Planning and Design, Inc.,;
Wehrman Chapman Associates, Inc.
Kristi Stover and Jane Cole agreed to make arrangements for the joint South Shore
Planning Commission quarterly meeting soheduled for January.
Upon motion the meeting was adjourned.
Respectfully submitted,
Shirley J. Rice, Secretary