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010995 CC Reg AgP , ~.. CITY COUNCIL REGULAR MEETING CITY OF SHOREWOOD MONDAY I JANUARY 9, 1995 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Following the regular potion of the meeting, the City Council will adjourn to a Joint Work Session with the Planning Comnission. No action will be taken at this time. ADMINISTER OATH OF OFFICE AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Bean Stover Benson Malam McCarty B. Review Agenda C. Mayor Presentation of Council Commitments (Att.-Commitment) 2 . APPROVAL OF MINUTES A. City Council Regular and Executive Session Minutes _ December 12, 1994 (Att.-#2A Minutes) B. City Council Regular Minutes - December 19, 1994 (Att.- #2B Minutes) 3 . A MOTION ADOPTING RESOLUTIONS MAKING APPOINTMENTS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 1995 A. A Resolution Making Appointments for 1995 (Att.-#3A Proposed Resolution) B. A Resolution Making Appointments to Various Commission to Begin in 1995 (Att.-#3B Proposed Resolution) 4 . CONSENT AGENDA - Mot ion Consent Agenda &: Adopt to approve items on Resolutions Therein: A. A Motion to Approve Change Order #3 for Project #94-4, Silverwood Park Improvements (Att.-#4A Change Order) B. A Motion to Adopt a Resolution Accepting Silverwood Park Improvements and Authorizing Final Payment (Att.-#4B Proposed Resolution) 0: ... CITY COUNCIL MEETING JANUARY 9, 1994 PAGE 2 of 3 C. A Motion to Adopt a Resolutions Approving 1995 Licenses - Garbage Haulers and Tree Trimmers (Att.-#4C Proposed Resolutions) D. A Motion to Approve A Water System Analysis Agreement (Att.-#4D Proposed Agreement) E. A Motion to Adopt a Resolution Accepting the Improvements for Boulder Ridge Estates (Att.-#4E1 Engineer's Report; Att.-#4E2 Proposed Resolution) 5. MATTERS FROM THE FLOOR (Presentations are limited to 3 minutes. No Council action will be taken.) 6. PARKS - Report by Representative Report on Park Commission Meeting Held December 13, 1994 7 . PLANNING Report by Representative A. A Motion to direct Staff to Prepare Findings of Fact for a Setback Variance (Att.-#7A Planner's Memorandum) Applicant: John Grable Location: 4720 Bayswater Road B. A Motion to Adopt a Resolution Approving a Preliminary Plat for Jaeger Addition (Att.-#7B1 Planner's Memorandum; #7B2 Proposed Resolution) Applicant: Abingdon Development Corporation Location: 25655 Smithtown Road and 25725 Eureka Way C. A Motion to Adopt a Resolution Approving a Final Plat for Jaeger Addition (Att.-#7C1 Planner's Memorandum; #7C2 Proposed Resolution) Applicant: Abingdon Development Corporation Location: 25655 Smithtown Road and 25725 Eureka Way D. A Motion to Direct Staff to Prepare Findings of Fact for a Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet (Att.-#7D Planner's Memorandum) Applicant: Steven Simon . Location: 26710 Edgewood Road E. A Motion to Approve an Extension of Time to Comply with a Notice to Remove (Att.-#7E Planner's Memorandum) Appellant: Paul Harrington Location: 5480 Wedgewoood Drive - ': .. CITY COUNCIL MEETING JANUARY 9, 1994 PAGE 3 of 3 F. A Motion to Approve a Sign Permit for the Waterford Shopping Center (Att.-#7F Planner's Memorandum) Applicant: Identi-Graphics for Career Cleaners Location: 19905 State Highway 7 G. Request for Clarification of Allowable Use of Bank Site - Waterford Shopping Center (Att.-#7G Planner's Memorandum) H. Consideration of Peter Boyer's Request to Reduce Age Restriction for Seasons Development (Att.-#7H Letter of Request) I. Clarification of Sign Permit Approval for Video Update/Waterford Shopping Center (Att.-#7I Planner's Memorandum) · 8. CONSIDERATION OF A REQUEST TO WAIVE LATE FEE (Att.-#8A Finance Director's Memorandum; #8B Letter of Request) 9 . CONSIDERATION OF A MOTION TO POSTPONE EFFECTIVE DATE OF DRUG TESTING POLICY 10. DISCUSSION OF POLICY ISSUES A. Report on 1994 Objectives (Att.-#10A Report) B. Review of Mission Statement and City Values (Att.- #lOB Mission Statement and City Values) 11. ADMINISTRATOR &: STAFF REPORTS 12. MAYOR &: CITY COUNCIL REPORTS 1 3. ADJOURN SUBJECT TO APPROVAL OF CLAIMS ( At t . - # 13 ) JOINT WORK SESSION WITH THE PLANNING COMMISSION 1. Discussion on Comprehensive Plan Updates 2 . Adj ourn '~ ~i. '. ~ ~. >~:~ ~. t:(-'; i-.' 'F; ~.:::~ , . - ~/~~ ~j,,1 1,,'..,)' :..~~~.~ ~~-~ . ~. ~' # , -' ;., '; r. ~..t il-:--,(..~ ..,j, ~'."", ._.:;.. ~ MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 EXECUTIVE SUMMARY ~..I'..,..r' ,1 i : II -i/ SHOREWOOD CITY COUNCIL MEETING MONDAY, JANUARY 9, 1995 We will begin the meeting by administering the oaths of office to Bob first, then Jennifer and Doug in turn. You will be asked to stand, raise your right hand, and repeat the oath after me. Following roll call and review of the agenda, the Mayor will present the City Council commitments to Shorewood residents. AGENDA ITEM #2: Approval of minutes. Becaus,= only Kristi.and Bruce were members of the Council during the two December Council meetings, they will be the only ones to vote on approval of those minutes. It will take a majority of those two to approve the minutes. AGENDA ITEM #3: There are two separate resolutions of appointment. They will be inserted into the packets blank. The resolutions should be read inserting the names of the appointees. We hope to have a finalized resolution prepared for execution. If any changes are made that evening, it will have to be executed at a later date. AGENDA ITEM #4A: This motion approves Change Order #3 for the Silverwood Park Improvement Project which is an addition of $600 for the purchase, hauling and application of 30 cubic yards of top soil. The work was approved and completed. The Change Order was never executed. AGENDA ITEM #4B: This resolution is upon the recommendation of Bruce Chamberlain, Shorewood Park Planner, and accepts the work of Expert Asphalt for the Silverwood Park Improvements. The final contract amount is $1,000. All work is in order. AGENDA ITEM #4C: This motion would be to adopt two separate resolutions: the first resolution provides for three firms to receive annual tree trimmers licenses; and the second resolution provides for the annual licensing of refuse collectors within the City. AGENDA ITEM #4D: This motion would approve the water system analysis agreement which has been authorized in the 1994 and 1995 Capital Improvement budgets. The proposed agreement with OSM is enclosed in the packet. A Residential Community on Lake Minnetonka's South Shore ;t COUNCIL AGENDA JANUARY 9, 1995 Page 2 of 4 AGENDA ITEM #4E: This resolution accepts the improvements for Boulder Ridge Estates. AGENDA ITEM #5: Matters from the Floor has been moved to immediately following the Consent Calendar. It is important that we let the public know that presentations will be limited to three minutes and that no Council action will be taken. AGENDA ITEM #7A: Mr. John Grable has requested a variance to build a deck on the side of his new patio home at 4720 Bayswater Road. The deck would encroach into the common area of the Amesbury West P.U.D. and into the 50-foot perimeter setback for the plat. The staff report points out that a similar size deck can be built without encroachment and that building permit for the new home was approved on the basis of a conforming deck being constructed. The Planning Commission and staff have recommended denial of the variance. The applicant has submitted ~ additional information which has not been reviewed by the staff or Planning Commission. The Council should direct staff to prepare a findings of fact. Approval of the variance would require a four-fifths vote of the Council. AGENDA ITEM #7B: Having had their 7-lot plat (Smithtown Meadows) delayed by the development moratorium, Abingdon Development Corp. has requested that the two lots with existing homes on them be platted separately, leaving the remainder as an outlot until such time as the moratorium is resolved. Staff advises that the request does not circumvent the moratorium, since no new lots are being created. The Planning Commission agreed and recommended that the preliminary plat be approved subject to staff recommendations. AGENDA ITEM #7C: In order to expedite the transfer of title to buyer of one of the existing houses in the Jaeger Addition (see #7B), the developer has taken the risk of requesting final plat at the same time as the preliminary plat review. Shorewood's Subdivision Code does not preclude this request. Neither staff or Planning Commission recommended any change to the preliminary plat. It is recommended that the final plat be approved subject to the developer entering into a standard development agreement with the City which addresses future development of the proposed outlot. the Item . approv AGENDA ITEM #7D: Mr. Steven Simon proposes significant remodeling of the existing home and outbuildings, located at 26710 Edgewood Road. Part of the work includes construction of accessory space which exceeds 1200 square feet, thereby requiring a conditional use permit. Staff and the Planning Commission recommend approval subject to a number of conditions, most of which eliminate existing nonconformities on the site. The Council should direct staff to prepare a findings of fact. Approval requires a four-fifths vote of the Council. ~.", ~ . . ...- COUNCIL AGENDA JANUARY 9, 1995 Page 3 of 4 AGENDA ITEM #7E: Mr. Paul Harrington, 5480 Wedgewood Road, has requested additional time to comply with a Notice to Remove which listed numerous items on his property which violate City Code. He has stated that all but one item, a pontoon boat and trailer, have been corrected. He proposes to remove the pontoon and trailer by May 1995. The property will be inspected prior to Monday night's meeting. If compliance has been achieved as indicated by the Appellant, it is recommended that the extension be granted. AGENDA ITEM #7F: Identi-Graphics has requested, on behalf of Career Cleaners, a sign permit for the Waterford Shopping Center. The sign is consistent with the approved sign plan for the project and approval is recommended. AGENDA ITEM #7G: EOS Architects have asked to address the Council regarding the use of the proposed bank site on the Waterford commercial development. The bank owners wish to build the bank based upon its ultimate needs, leasing out approximately one half of the second story as office space, until such time as the bank fills the space. The Council is asked to determine if the ancillary office space is consistent with the previous P.U.D. approvals~ AGENDA ITEM #7H: Last year Pete Boyer requested that the Council consider lowering the age limit for senior housing so that at least one occupant of a unit can be 55 years of age. The Council denied the request, citing density increases and fee concessions which are granted for senior housing. Although his request letter indicates that he has new information regarding the issue, none has been received to-date. Consequently staff has nothing to which to respond. It should be noted that there would be no aae restriction if the density of the project had been limited and all fees paid. Any change to the existing requirements requires amendment to the Zoning Code, notice, a public hearing and four-fifths vote of the City Council. AGENDA ITEM #71: In November a sign permit was issued for the Video Update store proposed at the Waterford Shopping Center. There was some confusion as to whether the proposed sign could have stripes extending across the proposed sign band. It was finally decided that a painted stripe could be allowed. There is a question as to whether the approval included a stipulation requiring consistency with other signs on the center. A representative of the sign company will be present to discuss this matter. Staff is concerned that three other signs have been approved without the striping and that requiring the other tenants to add striping may prove difficult. AGENDA ITEM #8: This is a request from a resident who sent in a check on a timely basis, but it was for a wrong amount. The entire bill was not paid, therefore a late fee was assessed. A memorandum of explanation is enclosed in the packet. - - ~.4 COUNCIL AGENDA JANUARY 9, 1995 Page 4 of 4 AGENDA ITEM #9: The City Council had previously approved our drug testing policy for our Public Works Department. Since that time a letter from the Department of Transportation has arrived indicating that the effective date of the policy need not be until January 1, 1996. That letter is enclosed. The action here would be a simple motion to change the effective date of the policy to January 1, 1996. AGENDA ITEM #10A: Enclosed in the packet is a year end report on objectives established for the year 1994. To save time for the Planning Commission work session, if there are any questions or concerns about the objectives, please feel free to call me in advance or we can talk about it at one of our upcoming work sessions. AGENDA ITEM #10B: This is the time of the year when our Statement of Purpose and Shorewood City Values. that either of these documents should be reviewed in also could be done at a special work session. we publicly review If anyone feels more detail, that ~ FOllowing the end of the regular meeting, the Council will convene in a joint work session format with the Planning Commission to discuss the Comprehensive Plan before its presentation to the general public at the neighborhood information meetings and public hearing. . - SHOREWOOD CITY COUNCILMEMBER COMMITMENTS I, , as a member of the Shorewood Ci ty Council, recognizing the important responsibility I am undertaking serving as a member of the City Council of the City of Shorewood, hereby personally pledge to carry out in a trustworthy and diligent manner all the duties and obligations inherent in my role as Councilmember. MY ROLE I acknowledge that my primary role as a Councilmember is (1) to contribute to the defining of Shorewood's mission and governing the fulfillment of that mission, and (2) to carry out the functions of the office of City Councilmember. . My role as Councilmember will focus on the development of broad policies that govern the implementation of institutional plans and purposes. This role is separate and distinct from the role of the Administrator to whom is delegated the determining of the means of implementation. MY COMMITMENT As a member of the City Council I will: 1. Represent the interest of all people served by the City, and not favor special interest inside or outside of this public organization. 2. Not use my service on this Council for my own personal advantage or for the advantage of my friends or supporters. . 3 . Keep confidential information confidential. 4. Approach all Council issues with an open mind. make the best decisions for everyone involved. Prepare to 5. Do nothing to violate the trust in those who elected me or to the Councilor to those we serve. 6. Focus my efforts on the mission of the City and not on my personal goals. 7. Never exercise authori ty as a acting in a meeting with the delegated by the Council. Councilmember full Council except or as when I am 8. Establish as a high priority my attendance at all meetings of the Council and Commissions on which I serve. ~/C ~ 9. Come prepared to contribute to the discussion of issues and business to be addressed at scheduled meetings, having read the agenda and all background support material relevant to the meeting. 10. Represent Shorewood in a positive and supportive manner at all times and all places. 11. Observe the parliamentary procedures outlined in Robert I s Rules of Order and display courteous conduct at all meetings. 12. Refrain from intruding in administrative issues that are the responsibility of management, except to monitor the results of actions taken. 13. Avoid conflict of interest between my position as a Councilmember and my professional life by carefully complying with the City's Code of Ethics (Section 105.04). If such a conflict does arise, I will declare that conflict before the Council, and refrain from voting on matters of which I have a conflict. . 14. Support in a positive manner all actions taken by the City Council even when I am in a minority position on such actions. 15. Agree to serve as a liaison on a least one Commission and an affiliated organization. As a Council liaison I will: · Attend all meetings. · Make reports of all meetings to the City Council at their next regularly scheduled meeting. 16. Participate in an annual strategic planning session, Council self-evaluation programs, and whenever possible attend Council development workshops, seminars, andi other educational events that enhance my skills as a Councilmember. . DATED: (signature) ~lIIIJIII . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, DECEMBER 12, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Brancel called the meeting to order at 7:00 p.m. She announced that at an Executive Session prior to this meeting, the Council approved an agreement with the Metropolitan Council Wastewater Services that adjusts Shorewood's 1993 and 1994 sanitary sewer charges. A. . Roll Call Present: Mayor Brancel; Councilmembers Benson, Daugherty, Lewis, and Stover; Administrator Hurm, City Engineer Dresel, City Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. B. Review Agenda Mayor Brancel stated the Joint Work Session with the Planning Commission scheduled to follow this meeting is canceled. Daugherty moved, Lewis seconded to approve the agenda for December 12, 1994'. Motion passed 5/0. 2. APPROVAL OF MINUTES City Council Regular Minutes - November 29, 1994 Lewis moved, Stover seconded to approve the Regular City Council Meeting Minutes of November 29, 1994. Motion passed 5/0. 3 . PARKS - Report by Representative Commissioner Wilson reported that at its November 22 meeting, the Park Commission unanimously recommended to the Council that it accept the Hennepin County policy that prohibits horses on the regional traiL The Hennepin County Regional Park District assumed responsibility of the Regional Trail System in 1993. The Council discussed the current City/Park policy and its history, considered the objections to horses on the trail identified by the Park Commission, noted complaints or injuries have not been recorded, agreed that horses should continue to be allowed on the Shorewood portion of the regional trail system, and considered options available to appeal the County's prohibition of horses on the trail system. Daugherty moved, Lewis seconded to re-submit the issue of allowing/prohibiting horses on the trail corridors to the Park Commission for review including pursuing exemption from the County prohibition, so that horses will continue to be allowed on Shorewood's trail system. Motion passed 5/0. .#ZA .. -----".-:-, REGULAR CITY COUNCIL MINUTES December 12, 1994 - PAGE 2 Wilson reported a public hearing will be conducted for the Silverwood Park area turf trail on December 13, and the petition of residents for platform tennis was denied due to the lack of funds in the Park budget. 4. PLANNING - Report by Representative Commissioner Pisula reported on the actions taken by the Commission at its December 6 meeting. A. A Motion to Adopt a Resolution Approving a Variance to Setback Regulations and a Variance to Shoreland District Hardcover Regulations Applicant: Larry DeWitt. Location: 28090 Woodside Road Nielsen explained adoption of the resolution requires a 4/5 Council vote and if it should fail, the ordinance provides that the applicant may re-apply after 6 months, except if a majority of the Council agrees the application may be considered sooner. Daugherty supported approval of the variances because the applicant satisfied the criteria for the . grant of a variance under Section 1201.05 of the City Code and established an undue hardship defined by Minnesota Statutes. Daugherty moved, Lewis seconded to adopt RESOLUTION NO. 94- , "A Resolution Granting a Variance to Expand a Nonconforming Structure and a Variance to Exceed the 25 Percent Hard Surface Requirement for the Shoreland District to Lawrence DeWitt." Motion failed 3/2. Benson and Stover voted nay. The Council discussed factors related to the applicant's request for variances to setback regulations and hard cover regulations to accommodate construction of an addition and remodeling of an existing residence. Stover stated the applicant's plan to construct the addition to avoid potential danger to a tree requires a setback variance, however, the hardship claimed is not demonstrated since construction alternatives exist without a variance, therefore the variance does not meet the legal criteria. Daugherty and Lewis supported a technical deviation to accommodate architectural aesthetics and believed it to constitute a hardship from a human standpoint. Stover believed all applicants should be treated equally under the regulations the City is charged with administering. . Stover expressed concern that in addition to the setback variance, the 34% hard cover resulting from the proposal exceeds the 25% allowed under Shoreland District Regulations. Daugherty moved, Lewis seconded to allow Mr. Lawrence DeWitt to re-submit, within 6 months, an application for Council approval that reduces the hardcover on the property by the amount of the proposed addition assuming that the new addition does not require additional setback variances. Motion passed 5/0. B . A Motion to Approve a Sign Permit - Floral Cottage Applicant: Sign Images. Location: Waterford Shopping Center, 19905 Hwy.7. Lewis requested clarification regarding the use of neon for signs in the shopping center. Nielsen explained that the application is consistent with the overall sign plan approved for the shopping center and noted it is similar to signs in the Westwind Shopping Center. Lewis suggested a comprehensive review be conducted of the lighting aspect of any future commercial space. Stover moved, Lewis seconded to approve a sign permit for the Floral Cottage, Waterford Shopping Center, 19905 State Hwy. 7. Motion passed 5/0. . . REGULAR CITY COUNCIL MINUTES December 12, 1994 - PAGE 3 C. A Motion to Approve an Extension Regarding Notice to Remove Appellant: Martin Grady. Location: 4295 Enchanted Point. It was noted this is the appellant's second citation advising clean up of his property within the past 2 years. The previous citation was corrected within the time allowed. It is recommended that the current violations be corrected by December 16, 1994. Mr. Martin Grady, 4295 Enchanted Point, stated it will take time to comply with the notice. He explained that covered household furnishings, building materials, and an automobile are stored on the property during construction of his home. He circulated photographs of the property. Mr. Grady explained that construction of the home is proceeding very slowly because of the workers' schedule and his limited income. Removal of the furnishings and automobile, stored since October, is impeded by snow. Mr. Grady stated he would move the automobile. It was suggested that the household furnishings be moved off the property to temporary storage. Mr. Grady stated he lives on a limited income and removal and storage costs will further delay completion of his home. Brancel moved, Daugherty seconded to grant 30 days for Mr. Martin Grady to comply with the November 15, 1994 Notice to Remove, at 4295 Enchanted Point. Motion passed 5/0. 5. SENIOR/COMMUNITY CENTER TASK FORCE REPORT ON GOVERNANCE AND STATUS OF PRELIMINARY DESIGN Mr. Robert Gagne, chair of the task force, directed the Council's attention to the Articles of Incorporation and Bylaws for the "Friends of the Southshore Senior Community Center" Foundation, prepared with the assistance of City Attorney Keane. Changes to the documents include the name of the Foundation and limiting Board membership to 7 members. Gagne requested the Council's approval of $9,000 from the $25,000 grant fund held by Shorewood for the senior community center to be used for preparation of the architectural drawings required for the C.U.P. application for construction of the building. Hurm noted the City would have to reimburse grant funds if the center is not built. The Council acknowledged the Articles of Incorporation and Bylaws presented for the operations of the Center. The Council discussed the financial request. Hurm, Gagne and Keane answered Councilmembers' questions. The 3 members of the Incorporating Board will appoint the remaining Board members to represent the participating communities. Keane explained the concept for the structure, ownership, governance, and facility and program operations under the nonprofit Corporation. Additional work is necessary to formalize details such as: a building committee, project manager, financial management, and agreements with other participating cities. In addition, during the next 90 days, a budget and a time line will be developed and the C.U.P. application process will begin. Brancel moved, Stover seconded to approve up to $9,000 for the Southshore Senior/Community Center for preparation of preliminary plans for the C.U.P. process for construction of the senior community center. Motion passed 5/0. 6. CONSIDERATION OF A RESOLUTION RELATING TO METROPOLITAN WASTEWATER SERVICES Action was taken at the Executive Session, December 12, 1994. (Refer to those minutes.) REGULAR CITY COUNCIL MINUTES December 12, 1994 - PAGE 4 7. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING THE 1995 PAY SCALE AND CITY'S CONTRIBUTION TOWARD INSURANCE PREMIUM FOR CITY EMPLOYEES 'I11III Hurm presented the annual resolution to revise the wage and salary range structure for 1995 and to set the contribution toward insurance premiums for City employees to be effective January 1, 1995. He explained that the 2.5% adjustment to the pay range chart for 1995 and the increase to $330 monthly for the City's contribution for insurance will bring the non-union employees into line with the union employees. He noted that verification of the City's compliance with comparable worth regulations must be submitted to the State by December 31, 1994. The Council members discussed the resolution before them. Hurm responded to questions and concerns expressed by the Council. Lewis requested clarification regarding the insurance plans. Rolek explained insurance is provided through a quasi-public consortium and has not been re-bid for two years. Daugherty took issue with the automatic 2.5% across the board increase for employees without any consideration of individual merit. Lewis suggested that a review process be developed whereby each employee's performance is measured and increases are based on performance and merit. Stover pointed out that such a process which allows varying increases . creates problems with requirements of the comparable worth program and complicates the union/non-union wage relationship. Daugherty suggested that with the use of creativity an acceptable salary administration program incorporating a merit and performance review system be developed for the City's non-union employees. Daugherty moved, Benson seconded that consideration of the adoption of the resolution establishing the 1995 pay scale and City contribution for insurance premiums for Shore wood City employees be reviewed by the 1995 Shorewood City Council for approval. Motion passed 5/0. 8. MA TTERS FROM THE FLOOR - None. 9. DISCUSSION ON POLICY ISSUES - None. 10. ADMINISTRATOR AND STAFF REPORTS Final Report and Action on Dry Hydrant Project Hurm directed the Council's attention to the December 9, 1994 final report on the dry hydrant project on Enchanted and Shady Islands and optional charge schedules for the utility for the Council's consideration and determination. Dresel stated the 3 hydrants are installed, winterized and in operation, and noted that some restoration work will be completed in the Spring. Hurm explained that this special utility will be paid for by benefitting residences and buildable lots. Options for payment include a one-time full payment or quarterly utility charges for 15 years. He explained the options for quarterly payments based on the $58,000 cost of the project. The Council discussed the quarterly payment options which range from $13.67 to $15.85 per quarter. Dresel and Hurm responded to questions and concerns expressed by the Council. It was noted that the original estimate for the project was $50,000 and residents were informed that estimated quarterly charges would likely range from $12 to $15. However, during construction, placement of a silt curtain was required which contributed to an increase of the actual costs by $8,000. . '- REGULAR CITY COUNCIL MINUTES December 12, 1994 - PAGE 5 Following discussion, the Council members agreed to set the quarterly payment for the special dry hydrant fire protection utility district at $15. The short-fall of about $3,000 will come from the General Fund contingency. Stover moved, Daugherty seconded to adopt RESOLUTION NO. 94-99, "A Resolution Establishing a Utility Fee for a Dry Hydrant Fire Protection Utility District." Motion passed 4/0. Lewis abstained. Nielsen inquired whether the Council wishes to consider 3 Planning Commission recommendations at its December 19 meeting. The consensus of the Council was to defer the matters to January 1995. 11. MAYOR AND COUNCIL MEMBER REPORTS . Lewis congratulated Mayor Brancel for a job well done, her professional effort during her service to the City and expressed pleasure in serving with her. Daugherty expressed appreciation for the opportunity to work with Mayor Brancel and wished her luck and happiness for the future. Daugherty inquired about the slide closed at Silverwood Park. Hurm explained it is closed for the winter for safety reasons, however, he agreed that it can be re-opened if the Council so wishes. Daugherty felt it should be opened. Stover inquired about stop signs at the intersection of the service/frontage road and Vine Hill Road. Dresel reported that according to the design engineer the intersection does not meet the necessary warrants for a 3-way stop sign, however, traffic volumes will be monitored to support a possible change. Stover expressed appreciation to Mayor Brancel for her 8 years of service to the City. Brancel expressed appreciation to the staff for its excellent support during the past 8 years and said she will be glad to return to private life. 12. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Lewis moved, Benson seconded to adjourn the City Council meeting at 9:05 p.m., . subject to approval of claims. Motion passed 5/0. The J oint Work Session with the Planning Commission was canceled. RESPECTFULL Y SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: BARBARA J. BRANCEL, MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDA Y, DECEMBER 12, 1994 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 5:30 P.M. MINUTES CONVENE EXECUTIVE SESSION The meeting was called to order by Mayor Brancel at 5:45 p.m. Roll Call Present: Mayor Brancel; Councilmembers Stover, Benson, Daugherty, and Lewis; City Administrator Hurm, Finance Director Rolek, City Attorney Keane, City Engineer Dressel, and Technical Expert Rick Voigt. Voigt gave a presentation regarding the study, analysis and methodology used in his report. The Council held general discussion regarding pending litigation. Stover moved, Benson seconded, to adopt Resolution 94-98 relating to Metropolitan Wastewater Services. Motion passed unanimously. ADJOURN Mayor Brancel adjourned the meeting at 6:45 p.m. ATTEST: BARBARAJ. BRANCEL, MAYOR JAMES C. HURM, CITY ADMINISTRATOR .; .. . . _ c '- . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, DECEMBER 19, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Acting Mayor Daugherty at 7: 15 p.m. A . Roll Call Present: Acting Mayor Daugherty; Councilmembers Benson, Lewis, and Stover; Administrator Hurm and Finance Director Rolek. Absent: Mayor Brancel Review Agenda B. There being no additions or changes to the agenda for December 19, 1994 it was approved as noticed. At this point in the meeting Councilmember Stover presented plaques of appreciation to Councilmembers Lewis and Daugherty. She thanked them for their four years of service on the Shorewood City Council. 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes - December 12, 1994 The minutes had not been received and reviewed by the City Council, therefore Stover moved, Benson seconded, to table approval of the minutes until the next regularly scheduled Council meeting. Motion passed unanimously. 3. RECONVENED PUBLIC HEARING 7:15 P.M. PROPOSED 1995 BUDGETS AND THE 1994 PROPERTY TAX LEVY COLLECTIBLE IN 1995 A. A Motion Adopting A Resolution Approving the 1995 Budgets and Approving the 1994 Property Tax Levy Collectible in 1995 Acting Mayor Daugherty reopened the public hearing at 7: 18 p.m. He asked three times if there were any public comments. There were none. Stover moved, seconded by Lewis, to adopt Resolution #94-100, a resolution approving the 1995 budgets and approving the 1994 property tax levy collectible in 1995. Motion passed unanimously. itZB .." .- REGULAR CITY COUNCIL MINUTES May 23, 1994 . PAGE 2 CITY COUNCIL MINUTES DECEMBER 19, 1994 PAGE 2 OF 2 B. A Motion Approving the 1995-1999 Capital Improvement Program. Benson moved, Stover seconded, to approve the 1995-1999 Capital Improvement Program. Motion passed unanimously. C. A Motion Adopting A Resolution Approving the 1995 Capital Improvement Budget. Lewis moved, Benson seconded, to adopt Resolution #94-101 approving the 1995 Capital Improvement Budget. Motion passed unanimously. 4. MATTERS FROM THE FLOOR There were no matters from the floor. . 5. DISCUSSION OF POLICY ISSUES There were no policy issues. 6. ADMINISTRATOR AND STAFF REPORTS There were no reports. 7. MA YOR AND CITY COUNCIL REPORTS Councilmembers Lewis and Daugherty voiced their appreciation for the experience of serving on the Shorewood City Council over the last four years. 8. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lewis moved, Benson seconded, to adjourn the City Council meeting at 7:22p.m. subject to . approval of claims. Motion passed unanimously. RESPECTFULL Y SUBMITTED, James C. Hurm, City Administrator ATTEST: ROBERT DAUGHERTY, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR .' tr CITY OF SHOREWOOD RESOLUTION NO. 95 - 1 A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 1995 WHEREAS, it has been the policy of the Shorewood City Council to make annual appointments to fill certain offices and positions within the City government at the beginning of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the following persons are appointed to the following offices and positions until the 1996 City Council organizational meeting: . Acting Mayor: Councilmember Council Representatives to: a. Park Commission: Councilmember b. Planning Commission Liaison: Councilmember c. Liquor Stores: Councilmembers d. Minnehaha Creek Watershed District: Councilmember e. Lake Minnetonka Cable Commission: Councilmember f. Association of Metro Municipalities: Councilmember g. Coordinating Committee South Lake Minnetonka Public Safety Department: Mayor Bob Bean Representatives to Affiliated Organizations: a. Lake Minnetonka Conservation District: Robert Rascop (term expires 9/95) ~ b. Lake Minnetonka Cable Commission: **c. South Lake Senior Center Task Force: d. Suburban Alliance (formerly West Hennepin Human Services Planning Board): Dale Woodbeck & e. Minnetonka Community Services: Tad Shaw City Attorney: Tim Keane, Larkin, Hoffman, Daly & Lindgren, Ltd. City Prosecutor: Kenneth N. Potts ** Note the Southshore Senior Task Force will be replaced by the Friends of the Southshore Senior Community Center Foundation. There is no need to reappoint members to the Task Force. .#3 A . '0'. CITY OF SHOREWOOD RESOLUTION #95-1 Page Two: Annual Appointments 1995 City Engineer: Joel Dresel, Orr, Schelen, Mayeron & Associates, Inc. Civil Defense Director: SLMPSD Police Chief Richard Young Official Depositories: First State Bank of Excelsior & other Depositures as necessary Official Newspaper: Sailor Newspaper Weed Inspector: Mayor Bean Assistant Weed Inspectors: Charles Davis & Joe Lugowski 2. That the Blanket Bond (Official Bonds) is approved. 3. That such appointments shall take effect on the date hereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of January, 1995. Robert B. Bean, Mayor ATTEST: . James C. Burro, City Administrator . CITY OF SHOREWOOD RESOLUTION NO. 95-2 A RESOLUTION MAKING COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood citizens to apply to serve on various City Commissions; and WHEREAS, the Ci ty Council has completed a review and selection procedure for appointment to said commissions. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Shorewood hereby makes the following appointment to Commissions effective immediately: Park Commission: Member Term . Jim wilson thru 1997 1. 2. 3 . thru 1997 thru 1997 Said appointments completes the seven member Park Commission which consists of the following additional members: Member Steven Dzurak Mary Bensman Roxanne Martin William Colopoulos Term thru 1995 thru 1995 thru 1996 thru 1996 Planning Commission: . Member Term 1. Deborah Panas-Borkon thru 1997 2 . Laura Turgeon thru 1997 3. James Pisula, Jr. thru 1997 4. thru 1996 5. thru 1995 Said appointments completes the seven member Planning Commission which consists of the following additional members: Member Kirk Rosenberger Jeff Foust Term thru 1996 thru 1995 4F3B . CITY OF SHOREWOOD RESOLUTION #95-2 Page 2 BE IT FURTHER RESOLVED that the City Council hereby makes the following position appointments for the year 1995: Park Commission: Chairperson Mary Bensman Vice Chairperson Roxanne Martin Planning Commission: Chairperson Deborah Panas-Borkon Vice Chairperson James Pisula, Jr. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of January 1995. . Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator . 612-835-3160 103 P02 HOISINGTON KOEGLER CHANGE ORDER JAN 05 '95 12:56 PROJECT CHANGE ORDER NUMBER: 3 SilverwoodIFreeman Park Improvements City of Shorewood Improvements Project No. PK-4-94 Date: August 31, 1994 Contract Date: May 25, 1994 TO (Contractor): Expert Asphalt Co. 44 West 1st Street Waconia,:rvrN 55387 The Contract is changed as follows: . Add 30 cubic yards of delivered and mechanically spread topsoil. This Change Order is not valid until signed by the Landscape Architect, Contractor and Owner. The original (Contract Sum)(GYSl'B:!lteed MauimHm Prifle) was Net change by previously authorized Change Ordets The (Contract Sum)(<ktaranteed M&im1:lB1 Priee) prior to this Change Order was The (Contract Sum)(GearEmteed Maxim.1mI. Priee) will be (inc:reased)( Eleereased)(l:IB.GBanged) by this Change Order in the amount of The new (Contract Sum)(Gua.umteed ~iaKiml:BB. Pfiee) including this Change Order will be The Contract Time will be (increaseGj(deor-easeEl)(unehanged) by The date of Substantial Completion as of the date of this Change Order therefore is . APPROVED: Landseape Architect: Hoisington Koegler Group, Inc. 7300 Metro Boulevard. Suite 525 Minneapolis, Minnesota 55439 Contractor: Expert Asphalt Co. 44 West 1st St. Waconia, MN 55387 Owner: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 BY:~~ ~ ~"'~;,. By: Date:~yk,~ Date: By: $55,913.30 $+-9,050.00 $64,963.30 $ +600.00 $65,563.30 ( ) days June 27, 1994 Date: chgonJ3,fr1ll tJ:44 CITY OF SHOREWOOD RESOLUTION NO. 95-3 A RESOLUTION ACCEPTING SILVERWOOD PARK IMPROVEMENTS, PROJECT NO. 94-4, AND AUTHORIZING FINAL PAYMENT WHEREAS, the City of Shorewood has entered into a contract with Expert Asphalt for City Project No. 94-4, Silverwood Park Improvements; and, WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, WHEREAS, the Project Manager has made a final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE BE IT RESOLVED that: . The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, and the one year guarantee shall commence as of the date of this resolution, subject to the following items: 1 . The Contractor furnish the City a one year maintenance bond pursuant to the contract. 2. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. 3 . Evidence in the form of an affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. ADOPTED by the City Council of the City of Shorewood this 9th day of January, 1995. . Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk #18 Hoisington Koegler Group Ine. mil BD December 2, 1994 Mr. Jim Hurm, City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 T'\o.",,_ T;9V!I. ......,......u..a. J.LJ..1.J.. The 60 day warranty period has expired on the improvements made to Silverwood Park. The . Contractor has fulfIlled his responsibilities, submitted all necessary forms to the City and is now requesting payment of the remaining $1,000 retainage. There will be a warranty bond in place on the project for 2 years should a problem arise with the work. Therefore, I recommend payment to Expert Asphalt of the retained amount. A final change order which is already included in the retained amount also should be reviewed by the City Council concurrently with the payment application. Change Order #3 adds $600 to the project for purchase, hauling and application of 30 cubic yards of top soil. I recommend approval. If you have any questions, please give me a call. Sincerely, bflLU-L i. ~ . Bruce L. Chamberlain, RLA Park Planner finlpay.LTR Land Use I Environmental · Planning I Design 7300 Metro Boulevard I Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 . Fax: (612) 835-3160 . . CITY OF SHOREWOOD RESOLUTION NO. 95-4 A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS WHEREAS, the Shorewood City Code Section 305 provides for the annual licensing of tree trimmers in the City; and WHEREAS, said Section provides that an applicant submit a letter of intent and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicants have satisfactorily completed this process and have submitted the requirements for the issuance of a License for Tree Trimmers.' NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as follows: That a License for Tree Trimming be issued for a term from January 1, 1995 to December 31, 1995, to the following applicants: Permit # Firm Name Address 95-001 Shorewood Tree 26640 Smithtown Rd Shorewood, MN 95-002 Four Seasons Tree Service 32 10th Ave S, #213 Hopkins, MN 95-003 Aaspen Tree Service 970 Wayzata Blvd W Wayzata, MN ADOPTED by the City Council of the City of Shorewood this 9th day of January, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk #4e CITY OF SHOREWOOD RESOLUTION NO. 95-5 A RESOLUTION APPROVING LICENSES FOR REFUSE COLLECTORS provides City; and WHEREAS, the for the annual Shorewood City Code Section licensing of refuse collectors 507.05 in the WHEREAS, said Section provides that an applicant shall complete an application and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicants have satisfactorily completed this application and fulfilled the requirements for the '~ssuance of a License for Refuse Collection. . NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as follows: That a License for Refuse Collection be issued for a term of one year, from January 1/ 1995 to December 31/ 1995/ to the following applicants: Permit # Firm Name 95-004 Aagard West, Inc. 95-005 Blackowiak & Son . 95-006 Chaska Sanitation, Inc. 95-007 Gopher State Trucking 95-008 Haugen's Haulers Sanitation Inc. 95-009 Quality Waste Control Inc. 95-010 R & W Roll-Off 95-011 Randy's Sanitation 95-012 Waste Technology Inc. Address 124 Union St./ Box 115 Norwood, MN 55368 1195 Sunnyfie1d Rd N. Mound, MN 55364 731 Victoria Dr Chaska, MN 55318 Box 33 Excelsior, MN 55331 7386 31st ST SE Buffalo, MN 55313 1901 W 144th ST Burnsville, MN 55306 5525 County Road 50 Carver, MN 55315 Box 169 Delano, MN 55328 5653 Hampshire Ave N Crystal, MN 55428 Resolution #95-5 Page 2 of 2 Aoolicant Firm Name 95-013 Address Waconia Sanitation Box 196 Waconia, MN 55387 95-014 Waste Mgmt - Savage 95-015 Woodlake Sanitary Service, Inc. 12448 pennsylvina Ave S Savage, MN 55378 9813 Flying Cloud Dr Eden Prairie, MN 55347 ADOPTED by the City Council of the City of Shorewood this 9th day of January, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk . . .. Orr Sdtelen ~eron& AsSociates, Inc. 300 Park Place Center 5775 Wayzata Boulevard Minneapolis. MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 June 24, 1994 Mr. James C. Hurm City Administrator/Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Engineers Architects Planners Surveyors Re: Water System Analysis Dear Jim: . As you requested, we have prepared a summary of the preparation of an analysis of the Shorewood Water Distribution system and a cost estimate for preparing this analysis. An overall water system analysis was last performed in 1984 in conjunction with the Comprehensive Water Plan. This analysis was performed for the water system as a whole (city-wide) to help guide future water extensions toward an overall system. It is now apparent that a complete water system is not imminent, and that near-future extensions of the existing systems must be carefully analyzed to prevent problems to existing users. This project will provide the City with the tools required to deal with development issues which arise within the City on an ongoing basis in a timely and efficient manner. An outline of the tasks required for completing this analysis is as follows: 1. Data Collection: Data to be collected for use in the analysis includes the following: A B. Population data and population growth trends. Water use data for previous 10 years for residential, commercial and other users. Peak day water use. Water system physical data (ie. tower information, distribution system information, well information). . C. D. Much of this data is already available to us in the comprehensive water plan. 2. Historical Water Use Analysis and Projections: Utilizing the data from the first task, the historical water use data will be analyzed for consumption trends. Water use projections will then be made for the various areas of the system. Average daily, maximum daily, and peak hourly demands will be determined for present and future conditions. 3. Develop the Existing System Model: A water distribution system model will be developed utilizing a computerized program. Water distribution system data including pipe sizes, lengths, tower locations, elevations, capacities, and pump characteristics will be input into the model. Water consumption for each node will then be assigned based on water use data. Ground elevations will be input into the model in order to facilitate accurate modeling efforts. H:\CIVIL\NM\ENGlNEER\JAD\LEITERS\062494JH Equal Opportunity Employer 4t1D " Mr. James C. Hurm Ci ty Administrator/Clerk City of Shorewood, MN June 24, 1994 Page 2 4. Computer Model Calibration: Field data available will be used to calibrate the hydraulic modeling system. The calibration will be accomplished by running the system model to simulate flow conditions found during field testing. The model will then be adjusted to match field conditions within approximately 5% accuracy. 5. Document Distribution System Model: A document summarizing the distribution system model and calibrations used will be prepared, which will allow for easy access to the model in the future for use in addressing development issues. Our estimated fee for preparing this model and the documentation is $10,000. If you have any further questions, please contact me at 595-5695. . Sincerely, ORR-SCHELEN-MA YERON & ASSO~IAjfES, ~C. dJ~ ~~l Dresel, P.E., L.S. Project Manager/City Engineer ~ ~~- C ~~t~~w Edward J. DeLJ.~st, P.E. Vice President nm . H:\CML\NM\ENGlNEER\JAD\LE1TERS\062494JH .......-- . JAN 05 '95 12:19 OSM MPLS, MN P.2 QS\ti=>>o 300 Parle Place East 5775 Wa~ra Boulevard MJnneapolis. MN 55416-1228 012-595-5775 1-800.753-5775 I'AX 595-5774 Engineers Arclllteas Plannel'$ Surv"Y?fS Jan~ 5, 1995 " ~or and Oty Connell City, of Shorewood 5755 Country Club Road Shorewood,. MN 55331 . . Re: Sanitary Sewer. Street and Storm Sewer Acceptance , Boulder Ridge Estates . , Dear Mayor and Council Members: We have made a final observation of the reference4 co~tmction site in accordance With the Developer's Agreement signed April 26, 1993. We reco~nd acceptance of the sanitary sewer,' street and storm sewer improvements and the start of the one year warranty. period at this tUne. . . H you have any questions, please c;:all me at 595-5695. Sincerely, ORR.SCHELEN..MA YERON . & ASSOCIATES, lNC. . ~<.fZ-e.. .'Joel Dresel, P .E., LS. , aty,En~eer ce, H:\C1VIl.V-\w)\~ l!qual ~pocI\lnlly I!mployer lifE JAN 05 '95 12:34 OSM MPLS, MN .. ..... . P,3 RESOLu;t'ION NO. 9S A RESOLUTION ACCEPTJN(;' STREET~ SANITARY SEWER AND STORM SE\\'ER IN THE PLAT OF BOULDER RIDGE ESTATES WHEREASt on April 26, 1993, the City of Shorewood entered into an Agreement with L & M Properties. Inc., for the de:Velopment of certain property known as Boulder Ridge Estates; and ' . WHEREAS, Paragraph 1 of.said Development Agreement provided for the Developer to construct and install certain eriumerateq improvements within the plat of said property, which improvements included streets, sanitary sewer; storm. sewer, and concrete curb and gutter; and ' , . , WHEREAS, Paragraph 11 of said Development' Agreement provided for such improvements to be subject to a final ins~eaion by the City Engineer; and WHEREAS, Paragraph 12 of said Development Agreement provided for the conveyance of said improvements to the City by the Developer and for the accep~nce by the Qty of such improvements; and ' " . WHEREAS, the Developer has completed construction and installation of the stree~ sanitaI)' sewer and storm sewer, and such improvements have been inspected by the City Engineer and found to be. in compliance with the applicable plans and specifications; and .. .' . WH~REAS, the Developer is deshous of conveying said improvements to the City and .the City is desirous of accepting said. inipr~vements frQm the Developer. NOW, THEREFOREt BE IT RESOLVED by the City Council of .the City of Shorewood as follows: : . : 1. That the City hereby accepts from the Developer the street, sanitary sewer and storm sewer in the plat of Boulder Ridge Estates. That the Developer shall cau~ a maintenance bond to be fumished 'namjng the City as obligee for the 'tull cost of the final lift of bituminous asphalt, to .,: be in effect for a period of one year from. the date of acceptance hereof. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of !anuaIy, 1995. : ATtEST: Robert Bean . Mayor Jim C. Hurm , , City Administrator/Clerk )I:.\CIVIl.\~1U!SOW .. e ,e MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 1 December 1994 Grable, John - SetbackVariance 405 (94.27) BACKGROUND " , , Mr. John Grable has just completed construction of a patio home in Amesbury West, at 4720 Bayswater Road (see Site Location map- Exhibit A, attached). He proposes to construct a6' x 10' deck on the northwest side of the home, which encroaches into the.50-foot perimeter setback of the Amesbury West plat. The deck, shown on Exhibits B and C, extends approximately two feet into the required setback. Also, forty-eight square feet of the deck encroaches into the common area of the planned unit development. The applicant explains his request in his letter, dated 1 November 1994 (Exhibit D). This case began as part of an on-going debate between City staff and the developer of the Amesbury and Amesbury West P.U.D.s regarding allowable encroachments into p.u.d. common areas. Staff maintains that the COInmon area was set aside as green space and that the uniflot lines.establish the limits of construction for the buildings in the project. '.Thisposition is set forth in aletter to McNulty Construction, dated 31 October 1990 (see Exhibit E). It should be noted ,that the developer is on record as disagreeing with staffs position. Until now the issue has been avoided. Before this matter could be resolved, ho~ever, it was discovered that the proposed-" deck encroaches into the 50-foot setback at the perimeter of the p.u.d., thus necessitating review of a variance. - ANAL YSIS/RECOMMENDATION It is very important to note that construction of the subject patio home began in July of this year. - The builder was advised that the permit would not be issued until the deck issue was resolved. In order to get going the plan&,were drawnto show a 6' x 10' deck which complies with current setback requirements and does not encroach into the common area (see Exhibit F). The patio door which has been installed in anticipation of receiving a variance has been installed at the owner's risk. ' A Residential Community on Lake Minnetonka's South Shore #=711 Re: Grable, John Setback variance 1 December 1994 In the application for a variance the applicant must demonstrate that some hardship exists which prevents the applicant from making reasonable use of the property. The hardship must be the result of some unique physical characteristic of the site (e.g. lot configuration, poor soils, topography, etc.), can not be economic in nature, can not alter the character of the area in which it is located, and can not be something which is brought on by the owner of the property (current or previous). This request fails to meet the criteria for a variance: 1 . It has been demonstrated that a deck can be built without a variance. . 2. The most unique thing about the subject property is that it is the largest of all of the unit lots in the Amesbury West P.D.D. Over half of the unit lot is six feet larger than the other patio home lots. Ample room was, and is, available to accommodate an even larger deck. Also, if deck space is an issue, the deck on the southwest end of the building can be enlarged- substantially. 3 . As a brand new residence, the variance could have easily been avoided through design. Planned unit development has been recognized as an extremely valuable zoning tool, providing both flexibility and control in the development of land. Early on the use of p.u.d. was somewhat contentious in Shorewood. Residents were skeptical about flexible zoning techniques and that agreements made between the City and the developer would not be enforced. For these reasons it is important that the require,d setback at the perimeter of a p.u.d. be preserved. . Based upon the preceding analysis it is recommended that the variance not be approved and that any deck be built within the confines of the unit lot. cc: Jim Hurm Tim Keane John Grable Felix Furber . - 2 - l /~ ...:ii .' , ...........~.1. 'IS \ . \I :I: 5 F i ~ 8 A ci ,..; >> (22) ~ ;! ;-.. Z5:) '\ en w a:: '<r fti <0 N ~ ~. Q" 177. 5 - ~ _//-----r---~-;;,,---- ;;; " I l~ - , :~ 20:~ I , (66) i I . , I or...... 1~1.........: I / m" @ I 2626.69 RE PARI( Z (46) t:;, ./ .... ... N '7'" '355.87 Na9"Z8'II'''' 0: ...: Z '3 .... .. (3) N (4) .... ~ort~ " LbI) , 1: 402 1 259.7 ZIO ( 25) 5 "" 5 orl (26) ~ ( 6) ~ ~ .~ o I~ ( 14) Z'39. ~ 13 ( /3) '~n ........ ~9 75 .... NS;'SZ'ZS','/ 1/ ~ ~ ~ ~. L'-". 2 (68) o o ~ l.W a:: o ::r en 1..1.. u.. ,- a. 0 >-8"":>- I-Q~"" ....... c -- u 0 u z ouTlOT" C ... ... ci ... '" .' . -~.'" .... N 589' 25' 12' E 490. 24 JIDUIAf Exhibit A SITE LOCATION Grable - setback variance / ..,;. ~ k 9/ I~ I <Ill Z---" .. SURVEY FOR: McNULTY CONSTRUCTION LEGAL DESCRIPTION: (FurnIshed by dlent) Lot I, elock It, Al,IESBURY WEST accordlno to the recorded plot th....ot and .IIuot. In H..n~ln. County. J.llnneeota. CERTIFlCA nON: I h....eby certify that thl. mop woe pr~or..d by m. Of' und.... my dlr..ct euperA.lon and that I am a duly R..ql.t......d Land Surveyor und.... the lo.e at the Stat. at J.llnn...ota. Dot ad thlll 16th day at Jun.., 19904- Rellill..d thlll Z8th day at Jun., 19904- by: NOlES: SCALE 1'" = 20 FEET 1. Th.. orientation at thlll baorlnq .ywtlll"n I. ba...d on the northeaetwly line at Block 11, AAlESSURY WEST which ,. aaumed to haw a beorlnO of South 04-Z'Srl g" Eoet. 2. Thl. eurwy doee not purport to aho. ail Improv.nente to the property. J. No tltI. woric wall tumlshad for the preparatfon at th,. ..rvey to ...tty the .xI.tence of any ea..."..,te or enc:umbranceL . PROPOSED FIRST FLOOR=974.45 PROPOSED LOWEST FLOOR=964.15 PROPOSED GARAGE FLOOR=974.15 .. Area at the property deacrlbed hereon I. 5.J.40 equcre f....t or O.12J aa... BENCHMARK= TOP NUT OF HYDRANT AT S.E. CORNER OF BLK. 9, 976.08 ~ 4j! <1s. +,.. 4j!' 01- Exhibit B PROPOSED SITE PLAN Grable - setback variance Prof~! Q.~~ . EG) 7415 WOY1.c::Jto 80 .'.-C- . ~._.~c.;....l..;;:..:....=-:~ie~.t::r.Z:: .____._--!!..'L~.....~.;.......~~__...~._.,.~-..__~.. _____""=_=___ ..L. _". , I ~ ", ~ -......... ..-~:~ I / / 00 ~w. J~' 9,,1 I lOA' ~.; "- " ", ..~.. ... ..- ..... :. .'" ~ \ ~ t~'Jlnfl)IJP%: 7 \ ~ '..-('S&iw)~S""t1L--7.--- '. ~. . '" .-----f'... f.'s'<9o>' ::::i (S'PdH:- 'Z/'/ ~#->.~/< ..... ,. !JE.(/c-~t>-/~:? ~".I~S'.:9____ ~ ' .J'o~z> -p.. ~ '':> ~ \' / o/"SI. ~ ~. -S<, _ \ /', ".t/- L " . ~ "...., " , I ' --. -c;;r .' " / ~ " '("<:::) .J.: '"... :7' .... --' , / , \ ~ .:~! " .f.:."." /. .. ""-'--.a.;.. , . -\~ '. ".::. .5 /;/ ...., ,// \ \-- . - "'::'.-.~." / \ '. -- -- ---... I. ~ \ ' \ ... ><.::...... '->.... / ~~. \,........ j '" I (..1I1I1P/II..YKt:'.L3',v,.y/w }\ , I \ - !1.r7p,1L7tJ/T..,Jt7t?:7..y~ '!} " / p~/ :&' I ~ ' ~,'. ..}--') ~ I . ..,.,fJ! .:-, , ~~ ~ y'" )\ c:> r~ ". ~~ '.0. ~ ~'!i c~$f / *QJ~ ... . : ' I , ~ ~ / ......).:v.~,:' ^v n. . ., . I, , _' tt'~v ,";..)' i ~<,\ " ~... ..,-:; , ~ "./'-.~- a:6(t6' '~. , . .' I'" o\V," ~-' ,.... .' ..,.7 ~ v' " .... " .....- r-:..~ / "", .- ,_< ,,V -' .:::-:- I . .' .- ....f' ... ~"..." .... .' ."..... ..'" ..../ ~.,., ..,': ,.... ,,' ". ." " I I / / / I ,.' . - ~_:. ........:,.. \ \ \ \ \ . ,,~// '. I ~'3/ "... nn.6t/36 ~ S:3"?S9' ~ -~/ ~ '" .~-..~ l..... .;':> '. .., ~ ~ ~ " ~ , 't.... \ .:.... \..~- <.....:'.,.: .....-; ....~' . ":,';.:' " t...\ ...) ~".T'" '.:.. ~:~: .... . , '. '. r' :'"::"~ ~ . '...... ..,.,-'1:::" ~ - ~:-- , , l. t , \.. \ . , ~ . -<::-\'-;':::; ':' ....~~ d - A ' " -{ :::~:::'-'- ~~~"''' &'\ . "'" '~:'->"-' ..~ ,. ~ . ~ ~ A' ' ,-~:.-.. ~..$> ~ '.-' '-f, "'..~ ~ .....o:>~ ~ ~~. .,0 -,.:~;-:.., &- -~~ ~:c:"~ ~"o9 ,..F ~ ~'"$::- ~ '.-J':<'~-'~'- ~> /b~ . "" /~i;~o. ' ~~<C'r5" ~ 'f/lz, ',,__ J>., eo ... "oJ. -.J.... ............... ~~ - ,,~ 'S t . . " ~ .. ... .\ It""'" '--'- c: <;: " {\ t1' ." ....~::;;.l - -"'~..' ~ .. ."~ .--~- "'10.. _.- " I ~ I ....~:::~:. : .-..::~_... , ,: ;\ .. .... .. ~~. ; "" .... -'-- ~::.- .....:.~..... ... -.' ~ Exhibit C AMESBURY WEST - 50-FOOT SETBACK . . 30hn C. Grable, 3r. 4720 Bayswater Road Shorewood, MN 55331 November 1. 1994 City of Shorewood 5755 Country Club road Shorewood. MN 55331 Attn: Planning Commission RE: 4720 Bayswater Road Shorewood, MN 55331 To Whom It May Concern: The 6' X 10' deck is a small breakfast deck similar to others in the Amesbury and Amesbury West developments. Encroachment into the common area of the Amesbury West Homes Association is permitted as part of the Covenants and Deed Restrictions. which were adopted as part of the Planned Unit Development. As a matter of law in this instance. a variance may not be required. Nevertheless. I believe a hardship does exist due to being attached to another home. .This is my only open side I have for reasonable use. ;Le. .~J John C. Grable. Jr. JCG/tmm Exhibit D APPLICANT'S REQUEST LETTER Dated 1 November 1994 // - .- . MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Sarb Srancel Ver" Wane" CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474.3236 31 October 1990 ----- :"'_---...~ Mr. James McNulty . 400 .2nclA: ventieo.South Nlinneapolis, ~~ 55401 . Re: Amesbury - Use of Common Areas (Outlots) Dear Mr. McNulty: This is in regard to our previous conversations relative to what, if any, encroachments are allowed within the common areas of the Amesbury and Amesbury West planned unit developments in Shorewood. In my opinion neither the development agreements nor the protective covenants for these two projects clearly specify what private improvements are allowed to be constructed in the common areas. . Ordinarily planned unit developments are allowed flexibility with respect to traditional setback requirements, particularly where attached housing is involved. Instead of requiring standard setbacks from propeny lines, buildings are often allowed to be constructed right up to the property line of unit lots. The open space typically established by setbacks is provided by the common areas surrounding the unit lots. While the declarations of covenants refer to reasonable encroachments by decks, balconies and other architectural features, the language is vague and no limit is specified. It is my opinion that these provisions are similar to the provisions in the zoning ordinance which list allowable encroachments into setback areas. Such features as chimneys, flues, eaves, etc. are allowed to encroach two feet into the required setback area. Other ground-level features such as steps, stoops and sidewalks are allowed to encroach four and one-half feet into the required yard. Given the ambiguity of the current Amesburycontrols, it is my intention to interpret the unit lot lines as setback lines. The only way that the common areas will be treated differently than traditional setback areas is that eaves will be allowed to encroach four feet into the common areas instead of two feet. I base this interpretation on my review of previous A Residential Community on Lake Exhibit E LETTER TO MCNULTY RE: COMMON AREA ENCROACHMENTS Dated 31 October 1990 . . Mr. James McNulty 31 October 1990 page two building plans which generally include four-foot overhangs on your courtyard homes. I have no intention of trying to modify this design. Although I feel that the interpretation suggested herein is reasonable, I also believe it would be to everyone's benefit to clarify it in the Amesbury and Amesbury West development agreements. If you are comfortable with the interpretation I've described above, there may not be any need to change the agreements. However, if you agree that further clarification would be helpful, we should meet to discuss the process for amending the p.u.d. 'so Please let me know if you would like to pursue a change to the development agreements. Otherwise we will continue with our present interpretation of the agreements and covenants. Sincerely, CITY OF SHOREWOOD ~~/.f.~ Bradley J. -:a::: Planning Director cc: Glenn Froberg Ric Rosow Patti. Helgesen Joe Pazandak: ..,.=. :;..-. ~-:-::?-~ -:"- :'--~.."':":''',,,- .-.:-::::...-:&3.... --::-- ,; :.. . ":.....~. .- ". , j ~~ ... ~, , ..., - ~ - I n' , r. I -\1; _p~i:...",:, ----~.Q:"..e ' :9':-'0 'i/~"). Ik..q .;-9" :c J ,~e I^' IT ~\.6/"..n '. fi-= ~~----- ~ il <3 '.i'.f\.: ~ I u I..' ~ DECXS. ~lRS ell P~~C:iESS' ,J: r.;:.:'~~ ,:,1,;;, All SI1uCI."3l ....=.rs 1MlS. 3e Ac><,....1 .. ~ 'C:./ prowcl wcoe ::f Nan:..,r:,~ Ii if' 0Dc:ay Or Tr_..V.oa:l.'""'~""': . '~ I '-'....r ,p 'i: "J<7,","~: ~---. i~ '\, . J 1.....- ---I V . I I I / i /-.......... i ~ . 1/"'""\ /.' ! ~ I \!!ig, ; - '0' ... } .- ". ... ". I ! r' ''''C.~'' . i...u.. !,.".----~ , c ;: 8 8~ -- ..... Jl~~: ----'--:- '. " . .. I ~ ' . ,'..J.w;;. , -"'>I/.'I~~'.1i -:-~._'~"" : <rJ';'~'" ~"""'J ,.,,-r ~~......H ~.....~..~, :r--_,' I I "".........UAf .-....s-.... 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CSUNG . 1.ftN (.o'R'" TVDC .... t'l."U I ..._ -......,,~ ~._(~~) ~~C":4~ ~~.......o.... ~~,,.!:~ Exhibit F FLOOR PLAN Approved as part of 1994 building permit . ,. .. 7~&fV1 X? /9'77" / 'J1h . 'f8/lo-d.. ~ I i?I~..vk ~ &?f7~ 57..rS- ~ ~Rdl, ~.~. / . . \Q..L~ bnA., Ji~~ / ~CUv,~ ~ -&-~ ~ ~~~~/ C2~ .rt/l- ~~ ~-4-0~ -,--veaL ~~J f,;,~ ~: ~ ~~ ~~ C/ / " ~....:r-7 ~. ~~ ~~.a;;e- ~7~CJ Y3~~ }QJ2. .:/0 ~d'""'~ CL- ~~~ ~ ~~ ~~.::a.. U~ Iv~~ .x;~ r~ c__ p~/~.~~~~~~ ~~~ i~a-e td~~ $~L ~~ ~ .-'U~ ~ ~ /U-~ ~::da- ~ .,k ~ , 7"1/tJ .7~ /zJ7, ~~ ~. 8'~g{ s-?' ~~~ - 'Tn - ??-'777 ; l:Ca tel MAYOR Barb Brancel . COUNCI L Krist; Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Planning Cammissian, Mayar and City Council Brad Nielsen 1 December 1994 Grable, John - Setback Variance 405 (94.27) BACKGROUND . Mr. Jahn Grable hasjust completedcanstructian af a patio' hame in Amesbury West, at 4720 Bayswater Raad (see Site Locatian map - Exhibit A, attached). He prapases to' canstruct a 6' x 10' deck an the narthwest sideaf the harne, which encraachesinta the 50-faat perimeter setback af the Amesbury.West plat. The deck, shawn an Exhibits B and C, extends approximately two' feet into' the required setback. Also', farty-eight square feet af the deck encroaches into' the camman area af the planned unit develapment. The applicant explains his request in his letter, dated 1 Navember 1994 (Exhibit D). This case began as part af an an-gaing debate between City staff and the develaper af the Amesbury and Amesbury West P.U.D.s regarding allawable encraachments into' p.u.d. camman areas. Staff maintains that the caInman area was set aside as green space and that the uniflat lines establish the limits afcanstructian far the buildings in the project. 'Thispasitian is s~t farth in aJetter to' McNulty Canstructian, dated 31 Octaber 1990 (see Exhibit E). It shauld be,llated . .that the develaper is an recard as disagreeing with staffs pasition. Until naw the issue has been avaided. Befare this matter cauld beresalved, ha~ever, itwas discavered that the propased - deck encroaches into' the 50-faat setback at the perimeter of the p.u.d:, thus necessitating review af a variance. . \ \ ANAL YSIS/RECOMMENDATION It is very .impartant to' nate that canstructian af the subjectpatia hame b~gan in July af this year. The builder was advised that the permit would nat be issued until the deck issue was resalved. . In arder to' get gaing the plan&were drawn to' shaw a 6' x 10' deck which complies with current setback requirements and daes nat encroach into' the camman area (see Exhibit F). The patio' door which has been installed in anticipatianaf receiving a variance has been installed at the awner's risk. . A Residential Community on Lake Minnetonka's South. Shore -rt 711 Re: Grable, John Setback variance 1 December 1994 In the application for a variance the applicant must demonstrate that some hardship exists which prevents the applicant from making reasonable use of the property. The hardship must be the result of some unique physical characteristic of the site (e.g. lot configuration, poor soils, topography, etc.), can not be economic in nature, can not alter the character of the area in which it is located, and can not be something which is brought on by the owner of the property (current or previous). This request fails to meet the criteria for a variance: 1 . It has been demonstrated that a deck can be built without a variance. . 2. The most unique thing about the subject property is that it is the largest of all of the unit lots in the Amesbury West P.D.D. Over half of the unit lot is six feet larger than the other patio home lots. Ample room was, and is, available to accommodate an even larger deck. Also, if deck space is an issue, the deck on the southwest end of the building can be enlarged substantially. 3 . As a brand new residence, the variance could have easily been avoided through design. Planned unit development has been recognized as an extremely valuable zoning tool, providing both flexibility and control in the development of land. Early on the use of p.u.d. was somewhat contentious in Shorewood. Residents were skeptical about flexible zoning techniques and that agreements made between the City and the developer would not be enforced. For these reasons it is important that the required setback at the perimeter of a p.u.d. be preserved. Based upon the preceding analysis it is recommended that the variance not be approved and that any deck be built within the confines of the unit lot. cc: Jim Hurm Tim Keane . John Grable Felix Furber . -2- ... l /'t ..,:~ .' , ._.........~.1. @ 2626.69 RE I PARI( 2 (46) 7"... '355.87 N89'2e'! "W 711 OUTlOT A % .... ( 59)' ~ 2 .... (3) '3 II'> ... '" (4) '" t-Jort ~ .1 , !: 1 :: Z-()/) &02 1 - 259.7 210 (25) 5 .... S on (26) ~ (6) ~ ~ -~ o o ~ I.LJ a:: o ::I: Vl ll... l..I.. 1- <:). 0 >-g~>- I-o~"'" ~ 0 -...... u ~ u ^' --~ 10 ^' .... ... c:i ... '" J; ~ ~ ~ ~ ~ ./ ~, Vl UJ a:: L'--- fti <0 N 'lll9"4S'$"W 392. d5 -I:.~ - -- In ^' ':'- sag" 25' 12' e 490. Z4 /JIJI!JH 2 ( 68) Exhibit A SITE LOCATION Grable - setback variance /.~ ~ ~QI':s<1",,2~1 ~ SURVEY FOR: McNUL TV CONSTRUCTION LEGAL DESCRIPTION: (Furnished by client) lot I. Bloclc II. AMESSURY WEST accordlnll to the recorded plot th.....ot ond Iftuot. In Hennepin County, lollnn.eota. CERTIFlCA nON: I hereby certlty that thll mop "'0. prepared by m. or under my dlr.ct wpllr"Aelon ond thot I om 0 duly Registered Lond Surveyor under the 10.. ot the Stat. ot Iollnn_oto. Doted thl.. 16th day of Jun.. 199" R,o'<!sod thl. 28th day of Jun., 199'" by. NOlES: SCALE 1'" = 20 FEET 1. Tho orientation of this bearing lyetem I. booed on the north'OItwly Ilno at Bloclc 11. AMESSURY WEST .....Ich Ja ~med to how 0 beorlnll at South "'2"57'19- Eo.t. 2. Thle lIU.....y doe. not purport to aho. all ImproVWTlenta to the property. 3. No tltI. 'IIoric ....0.. fumlehed tor the preparation of thl. ..,.....y to ~fy the .xl.tonC8 of any eoe<<nent. or enalmbranc:ee. . PROPOSED FIRST FLOOR=974.45 PROPOSED LOWEST FLOOR=964.15 PROPOSED GARAGE FLOOR=974.15 .... Meo of the property doecrfbed hereon ,. 5..3040 aquare f..t or 0.1203 oao.. 8ENCHMARK= TOP NUT OF HYDRANT AT S.E. CORNER OF 8LK. 9, 976.08 ~ ~ C?j. +,. ,~ . 0+ Exhibit B PROPOSED SITE PLAN Grable - setback variance Pro'P~! Q.~~ . EGjl 7415 Woy1.otCl 80 .''';-'''-._.~.'':''.''''::'.':''',~~i~~__ __. ~..!L~.....~......~.~__~...~...-_~.. .L.M._=-._~_....,;_~__ _". .', ~ ':-'~-: ,,-- - -3::j;_:~:; -, 4--<< " --: :~:O::';:>_, ]~~,{' -':.- (''._:) _,: .' .,./ ~ -'O:>~ ~ <~, "'.,0 ~-~;::,_ Q... -~ '? .3~ ~,.,., ~ 'O'2s ~~ e:-... 9 >-- '~ ~ ...z.: .-J:<' ~ .," . . ]I. $ " /b~ -A .<::';:., ')c'C-"OO. ' '1 --.~,.-~::.- ~.IS<~.L"' ..' .~:. ~&.. -' .' <y " ,/z", ", ~ ... ~~~ ".( 'S , I ~ "I ~ ,.' .." .....- (.....::. 00 ~y/. J~' g.,1 I IO~ ~.; ..- " ......."... -'~ ,....,'" ~.' ..'" /' ",,_.. - ',,'?',-- ..' I ~ , ~ (~rW7'/f}IJP!O= 7 \ 1I. _.-("&/!4w)5"5'i?1:7--. '. :"l'- '" ~n ~ .' . '--. - T.; ""6'a' ::::i ('S'!'d~ '?/ ~ ~~>.~/<'~ / ~ .. .9.!=:QS:: 1'/::7 ;,s.-,1Ozc {" I N r . o~1? ~ ~ ':> / " \ X "'/:9.(/_ t:> ... <"', I ~ \" ...., ,.. 'I . --, -do-.' " I ~ .... fl:::l .J:':'" :7' .... --' , I ~" \ ~ ":'.t': V;'~.. /' .... . --...\\~ "'. "":. .5 /<.:> .,</ \ ~ ......:.-' L~ \ . -- ----... I.~ \ . /~ /~f:j' \ '- ,-- ,-/1 \0" j........ (.1I/lliV b".Y#t:'.L5"#A-'/w }.\ . J \ - !14'.?H.L7P~,)I7t?~..y.6? 'Ii .. / v~/ :&' J # ,~' ~) ~ J . .,.,frj,:-. , $' ~ y'" )\ c:> ,~'" :\ ~ "~' if ~Yi (...$~.- *9] ~ ... . : . I J ~ ~ / :...'~>,.V~,:' N ~ . ., , I, , tf/~~ ~)..:.) ~ 6c~6~:,\ ,:- .' .. o\V\~, .lo. to V' ," , t:" " .,,;,, --:':~-I .. ,,' .- --~, ........:,.. . -:., '", ...'-.' .,. . ,. ... .- ,'~ ,.........- .~ ....; 'a.. \ <,<~:..>-:- ..... -,' ..: '.1 .."'.,...... . .;>~~ " {.,-- "') I / / . I ~ I ....~:::~:. : ..... ....... ....- .. .... .. ....:- ," .:-- --,. .:......- .....:.~.... .. ..' ," ..' " ~ ,,_.~ --~.. <: ... '" }:~~ ..... . ,~ ...: ..-:'.., .., .....:.. l.~';:"-"-~ -". , ~ . , . '. \ . . ' . - ... .\-t' ... --' C C C t \' , ,: ~ ~ Exhibit C AMESBURY WEST - 50-FOOT SETBACK . . John C. Grable, Jr. 4720 Bayswater Road Shorewood, MN 55331 November 1. 1994 City of Shorewood 5755 Country Club road Shorewood. MN 55331 Attn: Planning Commission RE: 4720 Bayswater Road Shorewood. MN 55331 To Whom It May Concern: The 6' X 10' deck is a small breakfast deck similar to others in the Amesbury and Amesbury West developments. Encroachment into the common area of the Amesbury West Homes Association is permitted as part of the Covenants and Deed Restrictions. which were adopted as part of the Planned Unit Development. As a matter of law in this instance. a variance may not be required. Nevertheless. I believe a hardship does exist due to being attached to another home. .This is my only open side I have for reasonable use. ;Le. .~J John C. Grable. Jr. JCG/tmm Exhibit D APPLICANT'S REQUEST LETTER Dated 1 November 1994 // - MAYOR Jan Haugen CO UNCI L Krist; Stover Robert Gagne 8arb 8rancel Vem Wanen . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 31 October 1990 ...---- ....4___ -. Mr. James McNulty ~ 400.2IlclAvenu"e'.So'uth Nlinneapolis, ~ 55401 . Re: Amesbury - Use of Common Areas (Outlots) Dear Mr. McNulty: This is in regard to our previous conversations relative to what, if any, encroachments are allowed within the common areas of the Amesbury and Amesbury West planned unit developments in Shorewood. In my opinion neither the development agreements nor the protective covenants for these two projects clearly specify what private improvements are allowed to be constructed in the common areas. . Ordinarily planned unit developments are allowed flexibility with respect to traditional setback requirements, parJcularly where attached housing is involved. Instead of requiring standard setbacks from propeny lines, buildings are often allowed to be constructed right up to the property line of unit lots. The open space typically established by setbacks is provided by the common areas surrounding the unit lots. While the declarations of covenants refer to reasonable encroachments by decks, balconies and other architectural features, the language is vague and no limit is specified. It is my opinion that these provisions are similar to the provisions in the zoning ordinance which list allowable encroachments into setback areas. Such features as chimneys, flues, eaves, etc. are allowed to encroach two feet into the required setback area. Other ground-level features such as steps, stoops and sidewalks are allowed to encroach four and one-half feet into the required yard. Given the ambiguity of the current Amesbury .controls, it is my intention to interpret the unit lot lines as setback lines. The only way that the common areas will be treated differently than traditional setback areas is that eaves will be allowed to encroach four feet into the common areas instead of two feet. I base this interpretation on my review of previous A Residential Community on Lake Exhibit E LETTER TO MCNULTY RE: COMMON AREA ENCROACHMENTS Dated 31 October 1990 . . Mr. James McNulty 31 October 1990 page two building plans which generally include four-foot overhangs on your courtyard homes. I have no intention of trying to modify this design. . Although I feel that the interpretation suggested herein is reasonable, I also believe it would be to everyone's benefit to clarify it in the Amesbury and Amesbury West development agreements. If you are comfortable with the interpretation I've described above, there may not be any need to change the agreements. However, if you agree that further clarification would be helpful, we should meet to discuss the process for amending the p.u.do's. Please let me know if you would like to pursue a change to the development agreements. Otherwise we will continue with our present interpretation of the agreements and covenants. Sincerely, CITY OF SHOREWOOD ~~/l.~ Bradley J. ;a:; Planning Director cc: Glenn Froberg Ric Rosow Patti. Helgesen Joe pazandak ".. ~....... . J'li ': - ~ :...~ ---,_~t II J .~_ .~~lli~ I .--.... ~ ,. ~ -..sJ :<J"';vr~ 1-::.':;1' .;...;.r....~ ......:'"'~.~ ~ :....-,.1 t F\I.......r...rr ~~== L)~(Gj~ -~I ci\: . ._, ~ ~. I ,,~( .: - --.;::'- -!"'""....... I :..--.-w.~, I '\I ' ./t!I><H" ~P.'GFoP ~., I~ c:..A"~1 ,;~""1.~I'" I ~l .._~. ~,......~<::::::::. ~,;:(~-- . .. Fr-_....~~....-..-==~j ~1."SooIt.. ~~t.~"'I,l.'-:-i~. ~ ' .;..;.. ~~.' -ro~scUI'fJI~ ..;; ",.AV.....~ '. 0" ',,-.:,e..-. '..0:) ~ ,..r &.: f . I\~~ ~\~~ \" AZ;~~ .~.!,._~..,;; I..,..F,~ O~;-:-~~I\ ", , "~~;.:- .k-w.......,.. _' '" I ~~~ ~ .~. -;1 'I'J.~ I:. " .'.:':i' ot"~.~P"-'" -~~~. e..j. ~<81' JO; ~.~-"'.. '::;." .1 ~(o.., ~\.~:.-~"~;i/I""'l..~~i_ I I- 111>_--'" ...... ,i ^<,:>t?/' .': .PJ ;! .:. l .i! I ! I /!. ~_ '. CII' ')'./~ ~, .1I.z.~! J1!t,. i. I./Ii , ' . ....,rt...-... I -, 0 .:r ,:". .~. I . I . , J /,., vr ....1:, ~,~...... ....,J ''-3r ._,,-;,;._~~:.~:~:i";.:_Il:' ~;; ;:!'" , .. ... A J~"~~' ;, \,' .-"":'\ ' <';-.::..." .y ~~..:;~ I "'''' ~,. .,.. I' '-0. I '. . ~ ~ .'~. -:: .. . ._~ _ " J -. '0 . I ':a =><......-- (01'11 .' " . .... '.~ . f~ 'V'7'i : ~~ ~~ ':1.. ". A f..'~: ~i "'....: ..' ": '~'t:'~'~' 'I~~~ -;, -- ....~. ~ ~'I. ...-",- il ~ ~'.. . -...... i'a-.18. (6) .~~'@. <3 l\'L' ..- .' ~ "-~,r~"I;~: -/1 T -; -G1"t._:c~...,~~ -..... ---............. - - Ti! .. - ; . ," -- ~ :;,.~ .-4........: . 1"( . -t.., ! .. - ::.1-, . , -_._ '''.e. I . I -n 7 '1 .It i ,l I .: I \! I . ,/"--" \ /: ~.~w;" . t i\ I I ~ \'?{ .~~ i ',-,-,- '.1 . :i.... _r" .~ I : .~. t:~; , /I(~< ~ ~ ~." r . ~'1' ,'~"'" !..;., ;~ :.,.,""....r,I,"'"" ' , ~'" """ I II I __,.." ~ ,......j . ~-F-lllp~i- I . ~~, ~/~~~: . :..." I 'Z' ~ / ~~~:I.O. ~'---' r~~~11 :~. - _ --___ .f '"' i I r' 'CC.~" ,..u. i'"--____ 8 ''l' r -.;,rl'.r:::> r-~f~ l,..., t-' , . I :' '"",.- 1.-" "'-.'~e'> I ! ~ -.,:::_.4_ '":-~::?-~-'-.~~:~.~~..~7:-'~. ,"::.- I . ~:.'-.. ",' . ~ ...;. "I M., 1*'4' ';;:;"'--r / ~'" . ~" j. ,P., e 1"- IT ~,.6 /^', rf -I ti- ~~._---- ~ ~ I <] :f' .'df>: DEC:CS. S;:'IRS a, P~~C:iE3e' .'~ ~.;::~~ il c, ~ SIIUC::'::31 Mem:lers 'M~.?!. Ao-<.-" -: 1 ~ \::; pro....a Wcor: :l Nan:.-.lf" ,,-=nca I, I It QQcay C<' Tt~,""~"'''V'': .~ I '-'......, ;~ ' ~r i r::::j r / "/--....1~ 18 I '~e: '\ f\ ... } '. '''_0 , Q ~ "' /' I J; i \Sf -~~~"':' ----:e)~\ ' ,~ ~ ~ 8~ .. . .. r LJvi"j I ~. ~ .; -- , I &~(- ,- :ns-; 1"# ~ VWClprIUto'-:7 \ , i~- I -..... J "~__!$V..... I I . ".....,....-1 . ' ." .. ~1 IrIlHMJIlol WlOTH CF STAIRS. 1"" ~A.Y~~~lJ\~~NG~:.~. ~}~ .r WUt. RISCi< or ~ .',;" ~_ ". ~ Nr Uk "u.::N;)C!oO '.' - r At r,>>Sr OI'IE ~.oIl. ~~lJIAS) . t ,. QUAACAAIL OPel SIDES} I ~1 AA~ ~ I t....,n""'U.CLI:, ~oI'WW"C1;:- -,- -. i><rT I ~ : I\'j "'! ! : <"" 1! 'i I. . . t ~-;:. . 'j "'.. A 6t~~1e; .":' -. ......,.,.,. . '!I-,,' :.:1,-,," I t U(~ 2!.I.L- WAUJ~. CElUNG . ....N =ur"1"'VClc Y \.'\:\11 ....... ..-~....... -~io.. :...~. ~J il Exhibit F FLOOR PLAN Approved as part of 1994 building permit :oI:~e...._ ~~ --0 ~ '/t!lz..",!>':7 ~ LLhg -~ - 'Ct?'P A.$ 1ff~~ . ~ ~~ 'tf2I~..4 v/I"L '~~~~~~-rv ?~~n/~~~7~P "~~ro~~~~ r~~~~'~/~d -:7 ~~ r;r ~d ~~/~:?/ ~~ ~;rz;t, 4 -y~~ -v ~~,?;?V c:c -ZfD{ ~~cEA (;?~Lh ~~~~.~ ?~~ ~ r ~ ~,~ ~~ 7fi# ; -ny ~j /?'"~ ~?- ~o-y-~ ~~ -zr-;~' ~2/ h~,-~;n/ ?-'7/f/ :m-?T ~ ~0?;)~ ( --'~'J7f:''U., '"\14t. ~?"' 'C3\ I . ~ ~'Ir' 'fal~~-5J~~ ~ ;" ~r; ~~or~JOr(~ rVEh''1f( / k66/ -8"X ' 1~;Yt... - ," . . '\ .. MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 MEMORANDuM . TO: FROM: DAlE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 2 December 1994 Jaeger Addition - Preliminary Plat 405 (94.28) BACKGROUND One of the development proposals suspended by the current moratorium is-a seven-lot subdivision called Smithtown Meadows (see Site Location map - Exhibit A, attached)./The developer, AbingdonDevelopment Corporation, has requested approval to plat the two lots which currently have homes on them. . Exhibit B shows a preliminary plat for the two lots. The developer, at direction of City staff, proposes to plat the right-of-way for the future street and plat the remaining portion of the property as an outlot. The proposal is explained further in a letter from Abingdon to area residents (see Exhibit C). The developer wants to be able to sell the two existing lots, while ensuring that the lots will fit with the ultimate. development of the site. ANAL YSIS/RECOMMENDATION ',--- You will recall that the Smithtown Meadows preliminary plat was very close to approval. The only issue holding it up was a title problem on the property which had been purchased along the railroad r.o.w. The developer now informs us that the confusion over the title was the result of an oversight by the title company, and that the right-of-way for the future street can now be dedicated to the City. - The proposed plat is considered to be consistent with the intent of the development moratorium. Only two buildable lots are being platted, and they both have existing homes on them. Although . the street will not be built until Outlot A is platted, it will be dedicated to the City. As such, Lot 2 will have the required frontage on a public street. Lot 1 has legal access to Eureka Way, a private road to the west of the lot. Upon completion of the plat for Outlot A, it will have access to the new street. Both lots are consistent with R-1C zoning requirements. Neither of the lots require significant grading. A Residential Community on Lake Minnetonka's South Shore :p:7B . \ .\ ( ;:3) (34) \ " ZZ:. : II. 01 ':;;.J. 'e' ... "E I I... ~I.OI . 'vU..V' III ( 15) "7_ 40 -- LOT I, (I) ,- z ~ (35) ~ ~ ~ (22) 7 ~ ~ g ~lUJ~ . .... ~ ~~ Ie - "" "\ " 7'9 111. Si .:: ,e. J 1 .>oj ~ 17.,~,~' ,'f :. ,'" : \ ..'- , , , , . . . . ... (41) , 93\ \ . \ , , . . \ (38) , I ' ,-' , , I I I . , , , I. : (39) ~r 97. I , I J I I I I \ I I , J I , I I I . ;::;:8 ~:n _.~ .~ I y~ (" ~~ \.-~ -. :;:: , "... I I I o q: ~ (28) z /. __...____... '3 ________ r", :si ---.;r----- ... .... ,... ...... "' .. (6) I ^' '" "" J ~ "_J~(20) ( "-, ..... 1:)/ - I , . I I , I , ( 29) /. ......-........, , rE .................. -, . , I . I , I I , " I I ...,..- ( 12) :e .A ( 16) (1) --------------. '3 ---------------------------.----------------------------------------------------------- ff-~ '""'~~ Po..r" \( (23) (17) ~~1'l (Q) C "" . . .... .. ~ ('30) ._nC\ I II = z.e,c I Exhibit A SITE LOCATION Jaeger Addition - preliminary plat /;) ~ .. . NORTH .' /., " . -- AUDITOR'S SUBDIVISION NO. 133 I 1- ~ [1 I ~ \ L~ LOCATION MAP / -"1 ~~c .r= (l) 0 o z s ef'IO ~'4~'W 3~.O'" 1" , \ ~ r- r. l/1 ~ ~ ~ c "' '\ )~ ~ _,;(."-." / ,/ 0 '-- V ~ j uJ ':Q ... -1 o o ~ 4,,0' ~ ~ ~ 2 ~ ..:;, o -; '<t o -Q o o z "'1~ ~~ o~ ;s. U',,<<> ~t.. ~o ~~ o .{? 7 I \ \ 1:,....00 ---- N ee,o "', 'CJ<D"e:.. 4~9 .se -'" '- CDB.oc..,-" -- S e.c.,.o 4<D '.4, lie:. Exhibit B PRELIMINARY PLAT NOV-22-94 TUE 12:30 P. 02 T <:) N Y EIDEN COM PAN V Dear Shorewood Property Owner: You either have already, or will soon. receive from the City of Shorewood Notice of a Public Hearing to be held December 6, 1994 concerning property at 25655 Smithtown Road. This letter is to more fully explain the purpose of the Hearing and invite any questions/concerns we might be able to address prior to the Hearing. . You may recall a similar Notice and several Planning Commission meetings concerning this site this summer. The Planning Commission had not completed its reconunendation to the City Council regarding that Smithtown Meadows plat for 6 home sites prior to the debate over the Development Moratorium. The City Council did adopt a Development Moratorium on the creation of 3 or more new parcels on September 26. This Moratorium will remain in effect until March 1, 1995. All City processing of the Smithtown Meadows plat will be suspended until at least that date. The Hearing on December 6. 1994 will be to consider our request to plat 25655 Smithtown Road and 25725 Eureka Way parcels into 2 lots, a public road right of way, and a large Outlot. One lot will be for the former Jones house, and the other for the fonner Tessier house. No new building lots will result from this platting. The Outlot will be the majority of the former Jones parcel, and will remain undivided until the Moratorium expires. The primary technical issue that emerged during earlier discussions of the plat involved apparent use restrictions over the portion of the plat that was once owned by the railroad. It was assumed that the use restrictions were still valid. We (and the City) have determined that, in fact, the restrictions were released in 1993. . The Outlot is not eligible for further division or any building pennits until it is replatted by a separate action some time after the Moratorium expires. You will again be notified when we begin the replatting process. We appreciate your patience during what has been a lengthy platting process. Please feel free to contact me concerning these matters during business hours at 550-7633, or at 550-9022 in the evening. Sincerely yours, ~: gd~ ~evelo~z::~orporation I . cr. / " /rL- . e ~ . :D1ilerud Director of Land Development 4100 BERKSHIRE LANE- PLYMOUTH. MINNESOTA 55446. 161.2l 559-0251 ~1 FAX 16121 559-1258 . ... ,............... II .............. ___... ..._. ........_.... ........_ .J....... Exhibit C APPLICANT'S REQUEST LETTER NOV-22-94 rUE 12:31 1:/~7/94 09:56 P.03 I'(.J. ""'.1. ~ . I 111 - ...t ~ . j ~a~ / , . ; .~,It .t tsli ! ;h~ ! b~a . t : to ., ~-"""'''''''''.~-. -~: .-... ---~..... ~$'-~ tt.' ~--:==.. .... n~t'I,O I:: m-,;:" I' /1 H L C, T r"c.:-'i.. '. ~:..r. ....- .........~........ =---.. €' -- ~~r.; ~ ~ l .....: I 4 II litIJ~I~I~II~ !~i!J;:l~tJltll~l~lliICirJli 1IIIi(~i Ill! "~ ISl .:11 t.~ fb2M-1fll.,L fllliS(Jollll HI -112 I !~:I!!~l~'; !~itil~"li'i;ii!!~}.lii.1111 'I! i!".tril ,1Ji lil1ilf%lli Ji.~irl ~.ltIIJI' Ii {I'I i ! Itf!1 JI i :t=r l!l!fiil:!! 'l!!liliiilllll!llilii!!li!l li}ltJl iiii t::l ;1!:rllo!Jt' ~~I;t!;i!f~fl!IJ!ifill,IJ.li Ili~~~1 Jli,i !:;! 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H ~I J .;fi I I ~Il · II · ~, 'all I .J' __ _ rz J~Jg4:--- ________ - .. ..- -.. ---.- ~ - .lli-~---Si6yfunirTIo::w,U:u-fr,Will~~~ - tOfD ... .-_If\Lh . .. . . - .eE~1=tl~~....-........ ....lz,I~VlA~-,-z::rlo)~~ MM.-.. !Ct...~ __._... ___ .... ... . \W.. ttt tel - ~ ~,.._-._-- ____~==_]A.JIQ~~<J2lULis, .zsiiS-ziifltt" ~~1J- ~.... UG\il-. .-.--1-- r.~=--~'M.~ - ~-~----~--~---_. m_..____m_..__._____ ._____~__.___ _.___~ ~ ~, k \ ~tf\ 1"0 n+ 1A ~ - L -F~~ -J'.O--.--lliL,,"..l~~O~J. .... ~ ...---- .St--\IT~i,tYl JJ..~.~ ~......U~lli)~.ID-..- .... ... ._.__=-~\ - - ~ ~LlJ}J lU1ili s\(i(U\~r~ 112~~?- - Qj1Ac,/-~-.C~W=-.lliiO--~~-~_.w-._--. .-.- -...... -....-. ...--.- '-<-~r---.--.--------- m____yJ__~__l.WM~~_------ . ._-.~:_~~-~-~~--~'~~I~e,,~rr-- _.._._.__. . 0 · V-r L0rttt~--~~Ou:h----- lit. ~~~\3.-oJ.~-L&---4n-----"--~---c-.----~ .. m_._ ___ ._ ___._.____....____..___._._H5j)._____.L.___L']t~_.__tLl_L...~~ ... ... .... .-.--~~ -~C()~ttJ~vtM~S~~ ~~~~~ ~~.~~ 1UJir -. ..~th~'-tW ~~~--- .___ ~~_W~"L~S--~~l\~aI~~=: ...~_~___- ~-L\-~~~c1i~~~~~~~ ~.= ____.~_._w..~A..1 . oW ihu<;. ~ r~ t 1 \iiJtJ~z~:~X~\it-----.~\--~~di~l~- ~~--tJhi-- ----~.------ .. .. ..... _._~- ..-H ~ i2}lflJ~4 ~~ CJ-nu~wtv\ l~=.~ f~~t~ ~ \I(J1LlL~gJl tJW-, . (, I l~~0-lW~ {tu~~_it\~ ~lJltLL LU1U1 ~ .Y~l~Ua I · . ~~L't?1"U~l ~ ~ro.yLl~tl\"eA~ ..... u 'lS77-S Srw~tfttJl,01A 11J _~__~_~~__~_n~_U___ __ 414-- 'l~-:S . . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING PRELTh1INARY PLAT AFPROV AL FOR JAEGER ADDmON WHEREAS, Abingdon Development Corporation (Applicant) is the owner of certain land within the City of Shorewood and has applied to the Council for preliminary approval of a plat to be known as Jaeger Addition; and WHEREAS, Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission dated 2 December 1994, which Memorandum is on fIle at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 6 December 1994, for which notice was duly published and all adjacent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. granted. That Applicant's request for preliminary plat approval of Jaeger Addition is hereby 2. That such approval is subject to the recommendations set forth in the City Planner's Memorandum dated 2 December 1994, and the terms and conditions contained in the minutes of the Planning Commission meeting of 6 December 1994 on fIle at City Hall. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of January, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm City Administrator/Clerk 7B2 ,/..." CITY OF SHOREWOOD MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO. Mayor and City Council Brad Nielsen 5 January 1995 Jaeger Addition - Final Plat 405 (94.28) . In December the Planning Commission recommended approval of a preliminary plat for Jaeger Addition. Preliminary plat review has now been scheduled for review and approval by the Council on 9 January. Since the applicant could not appear before the Council in December, he has taken the risk of submitting a final plat for approval on the same night at which the preliminary plat will be reviewed (see Exhibit A). Simultaneous review of preliminary and fmal plat is not precluded by Shorewood's Subdivision Code. Given the simplicity of the plat and the consistency of this proposal with what has been recommended in the past, staff is comfortable recommending approval, subject to the following: 1 . '\ The applicant must enter into a standard development agreement with the City, which agreement will include provisions relative to the future development of the outlot. -- 2. The applicant must submit an up-to-date (within 30 days) title opinion or title commitment for review by the City Attorney. 3 . The applicant must record the plat within 30 days of its receipt of the Council resolution approving the plat. 4. Since both lots have existing homes on them, park dedication and sewer access charges are not required at this time. cc: Jim Hurm Tim Keane Joel Dresel Chuck Dillerude A Residential Community on Lake Minnetonka's South Shore 7. e. , . . / ,....,11 '. :t....... '" .~ ~~y i~~ ct t j .~ w,..., tJ "t u. \" '=c" ~! '1 c_..- '" ..~ i- i~f~ . ;..;~ ~ . ~ ----E,:'\'-" :,.S , .... ..~ .. ;'... J..... " .;"l'" - ......... , ~:;."l:...,:.::/ . .r\ \~o~~" I -'" / ....~ Q' ~- 03... - ..... , "'1:)'. I... 1 . , ~OO/' ~ ;;... . ~~ ~6_._l : /'<:'.""-':"9-" '50':0'. '</.oq'~2.:,.~:.reOl-:":A" .... I / / .) IV:" I~ ..::. I /u; ~ .---12:;' ---.!'j' i-h .-.. I. '':> , , ' i, '--- -'.~~--_. r-<. --- C;;AINil.Gc 0. JTILlTY Eil.SE.ME,"TS AF.E SHOWn THUS. ? 1(l.Cl. --i ~ s Q r',' -"'OOsi _.J _ _ _ .J _ __ ...1_ _ ?ElrlG II) "EET 1:'-1 WIOTH AND A;:'JOINING LOT LINES. utll.ESS OTHER. WISE INC:CATEC. AND 10 FEET It I WI07"H AND ADJOINING RI<;HT 'JF WAY LINES UNLESS ClTHERWISE INC:CA7"EO, A; 3HJWN orl THE PLA 7". o DE"''1TES 112" x 14" IReN MONl.:I'.'ErIT MA;,><ED 2~ RE';, NO. 7725, TO 210 SH WITHIN ONE ~EA'" -l.FTER RECCi':.DINC C"'TE OF THE: PLA"" . OE~IC7E5 F(1uillO IR(N /AnNuME:",T // / 1"HE oASIS FOR THE cEARliII.; SYS1"E'A IS ASSlIMEC. / /' ,/ / , -- , . /' ...t: ~. / / .. \-J,~' /":\ ..\.... . ~ :JJ'::" ~~~ o 0" .'~.Q 0 , 00 ~ i j~"" . .c- / / :;. ..(.~., , ,. ... \~,~,.. ,-. ~ I."~- /' ,~. -~ ., ," ," ,'~ " . \..'.:~-... ,<" .... v.' . .... Z :, 3: '0 ~1 ~ 'i. J: .w; ~ ~ ::i ~ ~ b: (j) IJ "': / / / // //' ~\ Jl .' ; \ ~ g: .., III -g -: l.~~ , o .[l ,;)J '.II '~ 2 'i',_ ~'''', '-/ 1 ..,..1 II/.~ I~' t :~.~ . ; ') ~ I ::::;;'et\~r j].)),., _ -------.... J -------. ~~ L ~ _~ <t :..~: ,'-.> CL,"r" if (' .1 j .J JAEGER ,,/':}F i~'.,'.' :.'4 ,.... ". I., ..,1..,I.'"'r ----- .( I '.7 I' It / ;~\..., " I . ....., ,,I / / ~ ....7/ / 7( ~/.... / - / I -. / // /~ / .// / /". _I / ./ :-"''-'r -'___ . l...,..",~ ... .. ~ tit "t/' -Oc l..ar-, '- ~:';'''i'' . ~"'<ts""" " To.;o , \ .!\ 'S1 ..,-.. "'0 '5 ~ 'J- , " 01 Q ,~:J ~O i3,~ 1jZ Q . .; - '" J 0 ~ . Z.J .~ / " {\ ~.." ,7', './..';: " ~. -' . " ~ /. / " "':~ '" '" 01 J ,:' ~ ..... .. . . . . . o ~o lCC S~).t..:: iN F~ , /' " :1 ~ . .. U-, Co -3.- 0 .r-:~ .tJ 0 ~ . 0,;, ZV .; '" ., " v .', , r'" .,. ~ .- ~', '" 5~"""'~:."w , - . . 3~ 0'1 - - . \ . ': ~~- '; $1 ." <T ". ... !-' ~. " .- ;;-, OJ <: ,.., ....... ~ ; ; :-:.f:.;.:.:;~~ :~;.-~:-: '1 '<: o '9 . o ,. ..2"- '2 -<.. o v' ~ j u~ "'~ , , ~'" . S .' . ; :; S I: oil..: 'I j -<.. .v o I -- J. (N eeo~: z.S;'E- ; ~,s. c::rr=t D6~..7'-).. ... . . - - ',F' . . r..a C<o .. ..' ::liE. c..o~lii..W:- cO: I ' 5 Of.c;.o~'4.i" E.. N.E. ~.'':- 0.:.:;,L..:.. ~21 \ T\..JP IIi z-a. 2-~ i fl,t, ;-- :--,",\, ;_.. r '\ ~. \. ....c..--...' ,"C .-o-....uor..c.-..:) -_ __ I \ __.\.... ) (): J-r: ,-- -,-: -,-, , ...... '-- ..... I . I .... J l::<r.';C.~L_:::~ ';,' 5 A T H R E - B ERG QUIST, -... N o~o!>j'oc.,"E. INC. " f ..~, ',) ....1 ,) -."-fi )'tt~ r, Vi, \...~; .' 4:fl o;,e. .... - ~. " . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF JAEGER ADDmON WHEREAS, the [mal plat of Jaeger Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Jaeger Addition is hereby approved. 2 . That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement between the developer and the City of Shorewood, attached hereto as Exhibit A, and made a part hereof. 3 . That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. 4. That this [mal plat shall be fIled and recorded within (thirty) 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCll.. OF THE CITY OF SHOREWOOD this 9th day of January, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 7C2 MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson ,,' " ..l!I... CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 1 December 1994 Simon, Steven - C.U.P. for Accessory Space in Excess of 1200 Square Feet 405 (94.29) BACKGROUND --~ Mr. Bill Brueggeman, on behalf of Steven Simon, proposes significant remodeling on the property located at 26710 Edgewood Road (see Site Location map - Exhibit A, attached). As part of the total project, the amount of accessory space on the property will exceed 1200 square feet of area, necessitating a conditional use permit. . The subject property is zoned R-INS,Single-Family Residential/Shoreland and contains 178,158 square feet of area (4.09 acres). The site is occupied by the existing home, a boathouse near the lake, a swimming pool north of the house, a garage on the east side of the lot, and a tennis court on the south end of the lot (see Exhibit B). According to the applicant's plans, the house contains approximately 4500 square feet of area. The applicanf proposes to build an attached garage, move and add on to the existing detached garage, rebuild the swimming pool and construct a pool house. The resulting square footage of accessory buildings is as follows: . attached garage 704 sq. ft. . detached garage 640 ", " . boathouse 384 " " . pool house 730," " 2458 sq. ft. Floor plans and elevations for the pool house are shown on Exhibits C and D, respectively. Plans for the detached garage are shown on Exhibits E and F. ISSUES AND ANALYSIS Section 1201.03 Subd. 2.d.(4) of the Zoning Code provides criteria for evaluation of the c.u.p. being requested. Following is how the applicant's request complies with the Code: A Residential Community on Lake Minnetonka's South Shore =!f-7 D '\. .- Re: Simon, Steven C.U.P. for Accessory Space 1 December 1994 a. The total area of accessory space (2458 sq. ft.) does not exceed the floor area above grade of the principal dwelling (4500 sq. ft.). b. The total area of accessory space does not exceed 10 percent of the minimum lot size for the R-1A zoning district (.10 x 40,000 = 4000 sq. ft.). c. The existing boathouse and detached garage do not comply with current setback requirements. While nothing is proposed to be done with the boathouse, the detached garage will be moved to comply with the lO-foot side yard requirement. Also a nonconforming concrete pad near the tennis court must be corrected. . Landscaping on the subject property is somewhat of a sensitive subject. When the remodeling project began, the owner's contractors substantially clear cut the shoreline of the lot, violating Shoreland District requirements. City staff and representatives of the Department of Natural Resources are currently working on a corrective action plan for restoring vegetation along the lake. While this matter is being resolved separately, the c.u.p. should include a condition that the applicant provide a lake restorationllandscape plan which will be subject to City and DNR approval. The neighboring property owner to the east has suggested that there may be a restrictive covenant over the easterly 66 feet of the lot along the lake. This type of covenant is not likely enforceable by the City. The owner may wish to review his title work, and if such a covenant exists, move the pool house to the west. Although it appears that percentage of hard surface lot coverage will not exceed 25 percent, this information is not included on the applicant's survey. The survey must be updated to include verification of the lot coverage by the re~istered surveyor. d. The architectural character of the proposed accessory buildings is consistent with that of the house. It should be noted, however, that the pool house is proposed to have both a kitchen and a bathroom which places it in the classification of a separate dwelling unit. Since only one dwelling unit may exist on a lot, it is recommended that the building be redesigned without the kitchen. . RECOMMENDATION Based upon the preceding analysis, it is recommended that the c.u.p. be granted subject to the following conditions: 1. The existing concrete pad north of the tennis court must be corrected to comply with setback requirements. 2. The applicant must prepare a landscape plan which restores vegetation on the shoreline to its former extent. This plan will be subject to approval by the City and the DNR. 3 . Upon approval of the landscape plan, the applicant must provide bids from which the amount of a letter of credit can be determined. -2- . . ,; Re: Simon, Steven C.U.P. for Accessory Space 1 December 1994 4. The applicant must provide lot coverage calculations, prepared by a registered land surveyor, demonstrating that impervious surfaces will not exceed 25 percent of the lot area. 5 . The pool house must be redesigned to eliminate the kitchen. cc: Jim Hurm Tim Keane Joel Dresel Steven Simon Bill Brueggeman - 3 - ~~J . tJ ~ . I I I I"~: /ta?/ I LAKE MINNETONKA Prl 400' PREPAF SHOI .- ,. \./ ,"" . .:-'-.,.. ;l"":;:r .:.(. '-;,>0 ;~]L"L ~\^w\tfo~~ /'~~'" ~y'oj~c..-\ S;k \~ \" ~~ , v,....-.. \". V ... \ I =~..: .:...; : .. ...... "" -" 'teann,' 11\ ":.:... .- :~ ~~\Y1 1!9 \ . :- .: -.... \ \ . _. , , .,-.' \, \ I I , - ~O \ I ~~ \ (5) (J) \ (4 \ I 0' \ I 'i ~ I '~ \$ 8\ I 00', \. ~ " r \ , ~-, \ . . \ , .'. . . . . .: ::. . ~ .-:: "Z . . ,;,".., . . ... ~ .J,...~ '~ V' ( , '/..:" "0 IV' (I) ( II) (2) . Exhibit A SITE LOCATION . Simon - conditional use pernut (J) (4) . . t ~rt\.\ l ,,~ ltO' .. ~I "I .; . .. ~I 1 ~~ .... ....0 11.. ii I ~ I .. ~ I ~ ,; I ~ J i ~ ~i , ,L ::;j::::ll'"' t .i I .~ \~ ..: ':::~:li ~.... %35.00 '.' - u %30.00 ___.::::::lJ ....,.w. CO' Pier ., Go,,', L.t 3, Soc. Z,J $0'.00 \"U,~ f""" '..::.., ....... ,., ~ .: ~!; _ ....... ~ - \ . li" -Pro ~.> ';{111 ;..c, :7' ')..':-\ ...#'~\ rCX>' ",1&1&,.-;' ~"'~' . ,.t.o.."/\".\' . ~r:? . 1} ,'. . ...--- , "'\'< ..... t' ::~IR' ,.roH,1 ,. Ih, 3....11 ... line.t G.,," L., J c . C ~ ,.. ci ..~~ ? :'~~~. S~~~~U~i~~. ~:." to 1.( Go.,.t L.' , L ._ :.~= "u" ~f';. -%'.15- . ~. .' .. . ~ ,. J l " ~ ~ .. ~ .. " c : Q ~ !!! " ~ . .. .. . t . . .. . \\ .. . . '\ " .. I \ '- " . ", . ( .~ ..... .. \) I/) .. .. .. " Z :> u Z 0 ~ .. U .. III ,T'''' WAl~ _ _ _ _ -------~~rn~~~mN~- ROAD EDGEWOOD 2/4.20: "'-50&01'" lin. .1" G...., Lot ". ~.c. 'I', T. "'1 ... -, ,:C'~" ':. '.. .. ... "," .. .... ".. ..... ~~ \i ..... ..... .... ... lO" ,4. -' Exhibit B SITE PLAN ./'" /' ,.;' ~., ..... .... ~..' ... .. ~ 1 . " O:~2---___U'_h.__.n..- .- I. I .- -, '1 O-~ .___.__;, ();_ ~; .._.._ ... '.,"_ __ 'u ~-,-o-:-~-----' I I - ,-.-.,- " "- -0 . ~_____ __.___._ ~_.. _.._'_'_" , l- t . , o - \ ~ lrx ; i . - ~ ~:J . , !~ . .' J I 1: l~ , ~ ~ I t- ~ , ----::: t ~ oJ -, ~p ~ ~ ~ ~ r-", N 11 . , 0 , I \~. , I I ~. ! ~ i I &!-~ - I ~ : 0 , 0 - , ~ N ..... Nl . ~------_. 1----.-. - 1 ~ ~ - t>>' ,. "!oo. : o - \ ~ .~-------- -~~ - ~ --_-::.--::::- ~...~.._. Exhibit C FLOOR PLAN - PROPOSED POOL HOUSE /1 ~ " . . , I I I .. .~ -.: . t -\ \' -, I r JI ,~ mEa L,II\ II,'}' . ~)Il~~l:~; :: ::,1: II: r I' \ \ I II II; \ \ I II 1111; I' I I ; ..1 'I I 1 III IIII 'Ill, i' I I I I \ \ \ \ \ \ \ I I 'i'rlll U,l:III,II,} 1/' PCOL I!wsc WE:si E~ ~ 7/0 6JyC-w::xzJ /t/.). -I i_. u:V4":;. I~" c~..$"'~~ .s;~ ~'-~E- .~~~.. --2(p7 0"" ..cv", .~. --.------__.... - I~e-(~ . . Exhibit D ELEVATIONS - POOL HOUSE " f), ~ - \n. .' ('0 . \1\ -\ - "" ~. ! , ...- --~ -. ~ - !_.=--_.~ _u,_~_._~____ ;! , -, ;.' . . I c:r \!) ~ I i1 V\ ~; : -<2 N\' 'f' ~ ~ ~. a.. ~ ...... N I I '. .... ;'."'" , 1. - ---'~--'-~-''''' -.. -' -. , ... s~ , , ton ... 7"", - -~ c~ ...... ~-,_.--_. -- . , , i .;.. . &-;~- " 0_ ')1 , . . ~ m Exhibit E FLOOR PLAN - DETACHED GARAGE ....~ '" .... ; : ; i : ; j Lti, ~'i! , ~ ~ ~ I .{ ;" , 1 ~ <:> I ! \U ,.. I - "- i I"- ~ I :'ll ~ j R ! l l ! ; I .~ ; <: ...... \3 I 11' I -~ ! ~r , ! i ~ I I ! ! i ! :! " i ; ~ ! ; I ' I i i I I : ,.i '~ : ; : " , , I I I ! : ! ) . . .....:. \ GARAGE ExillbitF NS-DETACHED ELEV ATIO '. MEMORANDUM TO: FROM: DATE: RE: FILE NO. MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (6121474-3236 Mayor and City Council Brad Nielsen :; January 1995 Harrington - Appeal Notice to Remove Property - 5480 Wedgewood Drive Mr. Harrington was sent a Notice to Remove (see Exhibit A) in December. In a letter dated 19 December 1994 (Exhibit B), he asks for additional time to correct one last item - a pontoon boat and trailer which are under repair. The property was inspected on this date and all items listed on the notice, except for the pontoon boat, have been corrected as indicated by the appellant Ordinarily the Council has allowed up to thirty days additional time on fIrst offense violations. However, given the circumstances and the rather remarkable effort the appellant has made to comply with the City's notice, I recommend that the deadline be extended to 15 May 1995. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. . cc: Jim Hurm Tim Keane Joe pazandak Paul Harrington A Residential Community on Lake Minnetonka's South Shore 1.~. '--I''\IU'" ~ I .,. . . CITY OF SHOREWOOD . MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612)474-3236 MEMORANDUM TO: FROM: DATE: RE: . FILE NO. Mayor and City Council Brad Nielsen 5 January 1995 Sign Pemrit - Career Cleaners rw aterford Shopping Center) 405 (Sign Pemrits) Identi-Graphics, on behalf of Career Cleaners, has requested a sign pemrit for the Waterford Shopping Center (see Exhibit A). The sign is consistent with the previously approved overall signage plan for the center and approval is recommended. If you have any questions relative to this matter, please do not hesitate to contact my office. cc: Jim Hurm Kay Hirsch A Residential Community on Lake Minnetonka's South Shore 1.F. . 20' I ! r----------..--..- ..-..-..-------------------- --.--- ---- .----. ------------------.---. .--, Career CLEANERS - CAREER C;"Er.tJER5 #2283 REO ff,CES WITh Ib,v!,'-! RED NEON SILVER ED.:3E -C,"-.FS RED RETURNS LETTERS MOUNTED ON STOREFROI'IT W/TRANSFORMERS BE.....IND 'N.':-..LL 23" "C" WITH ....,LL Of HER LETTERS 15" HEIGHT TYPE STYLES: C^REER - CL/\RHJDON BOW CLEANERS - F;JTUR/, BOLO ,I Q)tlJ:1 :r- ~~ ~) ~ I~ ~ -- t1' t;;r ./ ~ . Ct;~7()I-oIEf! APPRIJlJEL r -i J -l ~ IGIIIJIIIIIIIIIIIDENTI- GRAPHICS Facia, Signs & Decals SAllSI't:RSON tJj SCIIlE o KA Y HI RSCH CORPORATE SALES/PRODUCTION MGR. 8660 HWY. 7, P.O. BOX 160 (612) 446-1172 or ST. BONIFACIUS, MN 55375-0160 446-1193 FAX (612) 446-1717 J ~ . . , =, 1=1 ,. .. U IS) I ...... I.D 1..iI 1;.. I:J '.J) L. l.J .--.-------- ., ! 1511. i 22" ~$~-~._. .______L___. .~ .u-~..... ~ _1ft ....~ ''''I t.. .&.N...... 4-. a. 1- .... c... ,~ "w1 ..,~ . .c. ...... ..... I. ... &tI&k ...".cq &. At..-..--. ~ J.,Jd .... u.....,.,.-. .........~ ... ~ ~iM" t. Ileq,al. ~C; ...1...... CIllO ...... '. ...... .........",. u. .............. ',I. .......... - -...... 1. .......... r..... I. "'.... c., I.. ....1 ~ O.o\TE OF API'HOVAL DRAWN BY !>ATE nns J.'. AN ORIGINAl fS'{ - 1I111Ur IS NIIT ro 8f. Af.PAOOliCT:ll Of! OOPlfD y.~ TUOIJT n IE (()t;SEl1T OU1J11 I I tllli IDWf/,ae..;:'. tSI ..... '1J ., . . ~~ " 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 · (612) 474-3236 MAYOR Barb Brancel COUNCI L Krist; Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD MEMORANDUM TO: FROM: DATE: RE: Fll..E NO. Mayor and City Council Brad Nielsen 5 January 1995 Proposed First State Bank - Waterford Commercial 405 (95.01) First State Bank proposes to locate their main office on the Waterford commercial property. As explained in a letter dated 5 January 1995 (see Exhibit A), the architects propose to design the new building to accommodate the bank's future growth. Until it is needed they propose to rent out approximately one half of the second story of the building as office space. Ordinarily office space would be a logical ancillary use for a bank building. However, given the contentious history of the Waterford project, staff has taken a very narrow interpretation of the allowable use of the property - that being that the site was only approved for bank use. Before proceeding any further with their plans, the architect has asked for a determination as to whether the additional office space will be allowed. Obviously it is more cost effective, and ultimately less disruptive, if they can build all of the space that they will need at this time. If their proposal is determined to be consistent with the approved P.U.D., site plan review can be processed in February and April. If the office space is considered to be a substantial departure from the approved plans, a public hearing would have to be held to amend the plans. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim Hurm Tim Keane Nick Reuhl A Residential Community on Lake Minnetonka's South Shore 71&t ~ . . .. lit .. liE as Architect~ and En~ineers ()tti<:c:~ in RIl<:h':~Ic:r and :'v'linneap"li,. .\IN TSl'/Eos 21 Waler Slreel E.\\:cbior. ."'IN 55331 FAX 10 12) -+74-392~ TEL 10121-+74-3291 ''''ember of TSP Group: R'-.:hc:sler. ."1N Minncapt)li~. MN Denver. CO Gillelle. Wy Rapid CilY. SD SllI:ridan. wy Si"ux FaiL-. SO Ma~halho\\n. JA An E4ual Opportunity. Aftirm:ui\'e ,-\.:[ion Employer _., ~.. I - :) Ianuary 5, 1994 Mr. Brad Nielsen, Planning Director City of Shorewood 5755 Country Club Road Shorewood, ]dinn~55331 RE: Fust State Bank of Excelsior I Shorewood Dear Mr. Nielsen We have been woddng with the Fust State Bank on the design of a new banking facility to be located in the Waterford Commercial Development between Old :Market and Vine Hill Road. While the primary purpose of the facility is a community bank. the building is . being designed and constructed to acc.ommodate the future space needs of the bank. Until the bank grows to its planned size the building will be larger than needed and the bank intends to lease space to tenants. During our recent design review of the project, you recommended a City Council review of this use to verify that we are in compliance with PUD covenants. We are, therefore, respectfully requesting an opportunity to meet with the Council on ]donday Ianuary 9, 1995. ]dr. Bob Weiss. President of the bank, and I will be on hand to review the project and answer any questions the Council may have. Thank you for the opportunity to present to the Council. Very truly yours, ~~Q\\ I. Nicholas Ruehl. AIA cc: Bob Weiss - FU"St State Bank Excelsior 94706'docllt-Cityl.doc E-~h;h,t A . . PETE BOYER CONSTRUCTION, INC. BUILDING CONSTRUCTION 19685 OLD EXCELSIOR BOULEVARD EXCELSIOR, MINNESOTA 55331 (612) 474-8077 December 22, 1994 CITY OF SHOREWOOD / :~ 1-- ro \)v- Attn: Brad Neilsen Re: THE SEASONS DEVELOPMENT THE SEASONS Deve lopment is a hous i ng a 1 ternat i ve that is needed and very much in demand. ihe des i re for th i s type of housing is evident by the positive reaction of people who have inspected the project. During the "Spring Preview" and the "Parade of Homes" a 1 most everyone commented about how they 1 i ked THE SEASONS and were glad a development was being built for seniors. Most people assumed "senior" meant being 55 years old. When told the age restriction was 62 years of age they were adamant, sometimes to the point of being hostile. When it was pointed out that both had to be 62 year sol d, responses were that th is was discriminatory and they were not interested in buying. Brad, after the Spring Preview of Homes in February, we talked about changing the age restriction to 55. Your response was, THE SEASONS does not qualify under the Fair Housing Act, the price is too high and we should try harder as there were plenty of people 62 who could buy. Dur i ng the past year we have off ered the un i ts at spec i a 1 prices, advertised and worked with realtors. As a result, we have had many sen i ors over 55 who wanted to buy but did not qua 1 i fy because they were not both 62 or they refused to buy because of concern about how the age restriction would limit resale. Brad, your comments on pr i c i ng I addressed too. I did modifications and was able to advertise a price of $149,900, a price below that suggested by the Task Force, when adjusted for inflation. The price did not effect sales. If they do not qualify they cannot buy. iF1H ,. . . Addressing the Fair Housing Act, seniors want accessible living. THE SEASONS are 100% accessible and adaptable under the Federal Fair Housing Act guidelines and the Americans with Disabilities Act. To meet the criteria for the age 55 I must demonstrate that either there are "significant facilities and services" or that the housing faci 1 ity is "necessary to provide important housing opportunities for older persons". Having residents in the community near family and friends which are fully handicapped accessible is one of the most appealing features of THE SEASONS. Certa in 1 y THE SEASONS is an important hous i ng opportunity. The customers I have sold to and others in the area are quite vocal about their feelings on these issues. They do not want THE SEASONS to go back to a.. convent i ona 1 pro j ect. They 1 i ke the concept of a seniors community. They also want me to get it done. they give me names of friends who were over and liked the project but are too young. They are frustrated and fee 1 d i scr imi nated against. They feel the city does not understand their needs. That is why I have asked for this public hearing. Let us together positively respond to the needs of these people. Thanks. ~Sincer?,elY' c:J' o .' I ~o.. / '. /l i; '.{VI 2Jt/ pet! J foyer ,. ,1MtLrs . Dear Mr. Bean, We finaltt have some Senior Housing in Shorewood. and I would realy ike to see this project move forward. Unfortunately things are going very slow. mainly because of the age restrictions. Seniors are a bit reluctant to get invollled in buying something that they wouldhave>-difficuly selng if they had to leave because of heath or other reasons, The sixty two year age restriction seems high to me. considering the much younger age of retirees or people contemplating retirement. It seems to me that if this is a deterrent to the advancement of this project. the city council could help by lowering this age requirement. I do not know the legal ramifications or the city's input into this project. but would lke you to do a' you can to move It along. A successful senior housing area would be an asset to the city, besides a good addition to our tax base. I should tel you that I an a Senior. and live only a few hundred feet east of the project. possibly could Ive there myself someday. and would not mind associating with some younger seniors. I do wish you the best of kick in your new job as Mayor of a city that wiD see much change and growth in the very near future. <T (f /! I ,0f~J J ouTs. / flJ 5 . ~~ /l -r ---- - I '--'-- /f1 C1 ~ C/) Cc~cJ I/:J/s C ()^- /Yl (~Q- () Sincerely. K.n~oa/ ~ 7 / _ ? () !</h1~~ ~.ij- J 'I -f +/A( r/l/~7/ Alj, bLd- . ,A) e r.A) C-o/YVJ1 fo CO/VL to 1&1..5 1/ All 7-tLe. r' V'-' J s-J/ II rIc~+- k~JoyJ ---- '.: I. . . MAYOR Barb Brancel COUNCI L Kristi Seover Rob Daughen:y Daniel Lewis Bruce Benson CITY OF SHOREWOOD . 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 . (612) 474-3236 :ME1V10RANDUM TO: FROM: DATE: RE: FILE NO. Mayor and City Council Brad Nielsen 5 January 1995 Sign Permit - Video Update (Waterford Shopping Center) 405 (Sign Permits) In November the City Council approved a sign permit for the new Video Update store which will be located in the Waterford Shopping Center (see Exhibit A - staff report, dated 22 November 1995). There was considerable discussion regarding whether striping would be allowed in addition to the sign letters. According to the minutes of the 29 November Council'meeting (Exhibit B), the applicant could paint stripes on the sign band across his client's space. The applicant prefers to install an aluminum, colored strip, which is considered to be an extension of the sign, and would exceed the allowable sign length. At one point in the meeting the Council discussed requiring all tenants to stripe if one did. This issue has been placed on the agenda for Monday night for clarification by the Council. The proposed aluminum stripe is not consistent with the previously approved plans. While painting a stripe is not specifically precluded, it is not considered to be consistent with the other tenant signage and may look out of place. If you have any questions relative to this matter, please call me prior to Monday night's meeting. cc: Jim Hurm Tim Keane A Residential Community on Lake Minnetonka's South Shore 1~1; .~ . . . . . MAYOR 3arb 8rancel COUNCI L Krist; Seover Rob Daughe~ Daniel Lewis 8ruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 · {6121 474-3236 MEJ.\10RAi'IDUM TO: FROM: DATE: RE: .Fll...E NO.: Mayor and City Council Brad Nielsen 22 November 1994 Sign Permit - Video Update - Waterford 405 (Sign Permits) Schad-Tracy Signs has applied for a sign permit on behalf of Video Update for a wall sign on the Waterford Shopping Center, currently under construction at 19905 State Highway 7. The plan shown on Exhibit A, anached, is not consistent with the overall signage plan which has been approved for the center. The actual "Video Update" wording complies with dimensional requirements of the approved plan. They propose, however, to extend two neon light tubes to the limits of their store frontage. This is considered to be an integral part of the sign which is limited by the shopping center sign covenants to the lesser of 25 feet or the total frontage of the tenant: space. Based on the plans provided by the applicant, the frontage is approximately 92 feet. The applicant states that the neon extensions are required as part of Video Update's corporate image. Unless the overall sign plan for the center is allowed to be amended so that this treatment is available to all of the tenants, approval of the sign permit is not recommended as proposed. Rather, it is recommended that the permit for the "Video Update" wording be approved without the neon extensions. cc: Jim Hurm Dave Fredrickson E.~hi bC+ A A ResidentIal Communirv on Lake Minnetonka's South Shore z '~ ,. o ~ '.U ~ a: o ~ :0. )( ~ w ~ _ ~ > 0 ~ C) ~ UUl ~.::aO; 3~~;~ 3~~!%: _~u~~~Q~~:-:: ~o:'t5t;ga~~ ..w:%: w::J ..l:a 4.a:I"~;:O;;/'" > ~OQWQ:I;;~i~ :~~~~~h.>l: -Nft........;:-.;;;$! --1--'------ ~ ~) ~ lJ.I ,... ,... lJ.I -' . \ ---- ---r- \ 0 J.l r I i i I I I [ ! I I 0 I ! i I ! ~ i I I I --- 71 ~ i ( 0 Ii \ I ~ - - ('\ ....... c:::J a. = a I I ~ ~ I ~ 0 II , i "- i ~ I ; , ! I I I ' L_______-' I ~ ; '-..Ji______ -- - 1:.1 ..... ~ ~ 1:= -' €l €I, @l)J~ 1> . @ '!B~ ~ "~I~.,~r: il~11l ' ',' 'I e .2 \ I I / @l e e e ~ ::: ~ is ~ T a. ":l::J Q N . c o .- ~ ~ ~ + ')L ~ j ~ J :-;q.~ N ; ~""~I ' ~t u...";' . -r u.. .,....-> -.....w-<) ,-....4. v _ ,.. .:> -- ~~gs 4~-< -co.!:""" u. ~ ~ ~ C" 1>< .- ~ ~ ~ ::r ~~ u ~ ..... ~ ~ ~ ~' 'C ~~ o --.... l't7 ~ ,..... J:: - .... u .....&,1'1 Zo'= ..., ... ""...""- >.wo..,.... '"<"""""<4 ;Sz~";' s<:c,..:.~ wo"O- ~g~3 2z"'- -Q~'" ~oi:~ ~ ~ ~ ~ ~ = '" ~ a (;\ 6 \&01 -= Z L - ~ >.. ~ ~ ! ~ ~ :s! .. ~ l!:! '!.! 3 ~ d ~ ~ < o ~ ~ ~ /:~~:; iJ.Er;;~ .-...': i'" - . . RE GULAR CITY CO UN elL MINUTES November 29, 1994 - PAGE 5 Applicanc Location: Lany De Witt 28090 Woodside Road Nielsen explained that in addition co the October 26, 1994 analysis of the request of Lawrence De Witt, me Planning Commission considered seveml methods co make the project work without variances. Based on me staff analysis and the Commission's determination, Nielsen stated that no hardship has been demonstrated Co juStify the variances and recommended thac any addition to the existing home comply with current setback requirementS and any increase in hard cover area should be mitigated by removal of hard cover elsewhere on the site. !\If!. Larry De Witt, the applicant. reviewed the history of subdivision of the property prior co his purchase of the site. He outlined the problems related co the tennis court and driveway connibuting co the difficulties with the design of the project to meet the setback and hardcover requirementS, yet maintain the architecture of the existing home. He stated that suggestions made by the Planning Commission involve jeopardizing trees on the site andlor an unacceptabLe appearance of the proposed addition in relation to the existing home. He stated the neighbors support the project, it would enhance the value of the properties, and contribute additional tax benefitS. He stated the request is reasonable and asked the Council to act favorabLy on the application. Mrs. De Witt reviewed the plumbing problems that require correction which led to the plans to remodel and construct an addition which will protect their investment. Tne Council discussed the issues related to the application. Daugherty requested clarification with respect to the trees on the site. Mr. De Witt explained that construction of the addition to avoid endangering a large maple tree is aesthetically unacceptable according. to his architect. Lewis noted that previous variances apparently disregarded a new ordinance and funher variances would add to the site's nonconformance. Daugherty Stated the impact on trees is a concern. Benson Stated that a hardship to reasonable use of the property is not demonstrated and thac he could not support expanding nonconformity of the site. Lewis stated that while he supported conformance to regulations, variances were previously granted, and to prevent the applicant from construction of an acceptable addition could be construed as a hardship, given the smaIl.encroachment requested. Benson reiterated that a hardship is not demonstrated and suggested that further design work be conducted to construct an addition that would not require variances and fitS within the parameters set by the ordinance. Stover Stated the applicant has not demonstrated a hardship to reasonable use of his property and does not adequately address minimi-nng the hardcover on the site. Daugherty moved, Brance! seconded to direct the staff to prepare fmdings of fact regarding variances to setback regulations and Shoreland District hardcover regulations and to grant the requested variances. Motion passed 3/2. Stover and Benson voted nay. B . A Motion to Approve A Sign Permit for Video Update - Waterford Shopping Center Nielsen stated the sign for Video Update proposed by Schad-Tracy Signs meetS the Waterford Shopping Center P. U.D. requirementS and covenantS with the exception of the extension of 2 neon light tubes to the limitS of the store frontage required to reflect Video Update's corporate image. Tne applicant inquired whether painted stripes on the sign band would be permitted if Council did noc approve the neon extensions. Nielsen stated that regulations do not prohibit such painting and that painted sniping is induded on the Holiday Store sign. Mr. Dave Fredrickson. representing Schad-Tracy Signs and Video Update. stated the striping is a part of the company's national image. lettering is consistent with the ordinance. and requested tJ.'1ac some type of striping be allowed.. ~"",ba B . C. 8. . 9. 10. 11. RE GULAR CITY CO UN elL MINUTES November 29, 1994 - PAGE 6 Tne CounciImembers agreed chat che neon lighted extensions are noe acceptable. and discussed me suieabilicy of paineed stripes on the sign band. Daugherty suggested chae co maintain sian consistency in the C;:mer, stripes be induded. Nielsen ex.plained chat consisrem signage within the regulations is required. however. some variation is preferred to avoid a lacidusrer appe:lrance for me Center. Nielsen pointed out chac striping is noe induded in che proposed liquor Store sign. bur in~ic:aced ie could be readily induded. Tne Councilmembers considered che derails of me painted smpmg. Daugherty moved~ Stover seconded to approve the sign permit~ with painted striping on the sign band to replac~ the neon lighted extensions~ for the Video Update store at the Wacerford Shopping Center. Motion passed 5/0. Report on Comprehensive Plan Update. Refer co Report by Commissioner Pisula. MATTERS FROi'lf THE FLOOR - None. DISCUSSION ON POLICY ISSl:JES - None. ADi'lII.N1STR.~TOR Al.'ID STAFF REPORTS - None. jyfAYOR AL'ID COUNCIL i'lIElYIBER REPORTS Seaver requested chat che stacus of StOp signs at the intersection of the service/frontage road and Vine Hill Road be investigated. 12. ADJOURN' TO WORK SESSION FORl,vL4..T SUBJECT TO APPROVAL OF CLAIMS Lewis moved~ Daugherty seconded to adjourn the City Council meeting at 8:50 p.m. to a work session forma~ subject to approval of claims. i'lIotion passed 5/0. . RESPECTFULLY Sl:TB~rrTTED, A.rlene H. Bergfalk Recording Secretary TimeSaver Off Site Secrecarial A TTEST: {lv-\!< C ~/1A"'l JAlvfES C. HD-:&.vf, CITY ADi'lIINISTRATOR f '- '-" l~ MAYOR Barb Brancal COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 1v1EMO TO: Mayor and Councilmembers Al Rolek {}V' FROM: . DATE: January 5, 1995 RE: Request for removal of utility late penalties by Roxanne Lenarz, 5740-42 Wood Duck Circle Ms. Lenarz underpaid her utility bill on the above property for the 3rd quarter, 1994 utility charges. The property is a duplex for which Ms. Lenarz pays the utilities for both sides. The payment was received by the City before the due date, and the amount received was allocated equally to each side of the duplex. Because a balance was outstanding after the due date, a late penalty of $4.05 was assessed to the account for each side of the duplex. . In the attached letter, Ms. Lenarz explains that she mixed up the amounts due for her telephone bill and utility bill. Due to the fact that she made her payment. on time, she is requesting that the late penalties be forgiven (She states a $50.00 late charge in her letter. It is actually a total of $8.10.) While Ms. Lenarz underpaid her bill, she did pay it on time, and it appears that she made an honest mistake in the amount due. Therefore, I would recommend that the Council forgive the late penalties assessed to Ms. Lenarz's accounts in the total amount of $8.10 ( $4,05 for each side). Please call me should you have any questions relative to this matter. A Residential Community on Lake Minnetonka's South Shore W? ~, .>, - '"'l,-', r:.. '.,: ~ M ~r" , G.) ~~, J.- ~~..J J 'J A;1J], -'-:.. tL f/1,1Jj {{ 6~~ ~~~ CL ~;J~~ k0-'-"4 ~ ~ ~. J-~. ~ ~~J- ~~c ~ ~ tJ-.~. ~ ~l" b~ to:: ~ ~J----- e", "'i d~ JJc ~ d- ~J- t-~ rv~-ij~ tAJ -ti---- ~~ ~ ---.-J--av- 4, ~{ ~ ~ J~ f--.-J a I.-J 2:-< . ~"J t;L ~(~J J jJ -~ /r-- ~ ~P( ~~~~~~ ~~~. J) ~<A--'- ~ J ~~~ ~ <'- ~ ~ -tI'-', ~ ~ J~~. p~ cfh. J"'~ t/--.. if S () .~ ~$ c/-+<-y 0 yt;~) - )7'1~ ~--pf<-cJJ f~ to' ~OF!V OFFICE OF MOTOR CARRIER SERVICES MINNESOTA DEPARTMENT OF TRANSPORTATION 151 LIVESTOCK . EXCHANGE BUILDING SOUTH ST. PAUL MINNESOTA 55075 612/296-7109 (FAX) 612/297-1908 . AN EQUAL OPPORTUNITY EMPLOYER December 8, 1994 Shorewood Public Works Department 5755 Country Club Road Shorewood, Minn. 55331 ~ ,~ I -- Dear Mr. Hurm: I was contacted by a person in your public works dept. about the requirements for drug testing and driver qualifications for drivers employed by the city of Shorewood. Under current Minnesota state statutes political subdivisions are not yet subject to drug testing requirements. MH. state statute 221.0313 adopts drug testing requirements for certain carriers who are subject to the safety regulations adopted in MH. state statute 221.0314 as required by MH. statute 221.031. MH. state statute 221.031 covers the following types of carriers. Motor carriers, Private carriers, and Exempt carriers listed in MH. state statutes 221.025. Political subdivisions are not included in any of the above definitions. (copies of the statutes enclosed) Political subdivisions will be subject to drug and alcohol testing effective January 1, 1995 for those who employ fifty (50) or more drivers who operate commercial motor vehicles. If the city has forty-nine (49) or fewer drivers of commercial motor vehicles, the effective date for drug testing is January 1, 1996. I have included a copy of the Federal Regulation (part 382); which is the section you will be required to comply with on the date required relative to the number of drivers, employed by the city, who operate commercial motor vehicles. If the city decides to conduct drug testing before the date required by part 382, the testing procedures must comply with the requirements of the Dept.of Labor and Industry. Testing before the required dates in a manner not, in compliance with Labor and Industries requirements would be a violation of state law. I hope you find this information helpful, if you have further questions please call our office at (612) 296-7109. We have an enforcement officer on duty during normal business hours to answer any questions you have. j':;~u--- Gerald D. Mc Cord Enforcement Supervisor cc: file ~cr ~ .. 0 ... " ~ ~ ~ ... .. 8' . .<:: . . ... .... II ,.........J( .. 5$ ~~:: .0 i ~l; ~c ~ ... ... 1994 Objectives 1:1 c:............ c... " 0 : Ji ~i .,:: .<:: ... .J:: o..c ~ . . .:: J!4 :~ .. " ~ :~3~;:~ ... " " ", II ~ ...:~: ~ .,!: '8 i9:l9 8: 8 Key: 1 = 1 st Review (Done in Julv) 2 = 2nd Review (Done in October) 3 = Final Review (Januarv of following year) CITY OBJECTIVES FOR THE YEAR -------.-.------------ - -- --_.. Date: January 1995 .~ Mayor & Council: A. Televise all City Council Meetings 3 1 B. Inform citizens through quarterly City newsletters 3 1 C. Identifv & address zoning issues for s.e.ecific sites for senior housina oroiects 2 1 D. Meet with Coooerative Services Study Task Force semi-annuallv 1 3 E. Undertake a meaninaful Qoal settinQ session durina the first 60 days of 1994 1 ._.- 2. Administrator: A. Comolete annual citizens satisfaction survey 1 B. Update comoarable worth ~y plan 1 2 C. Take a leadershio role in intergovernmental cooperative efforts in the Lake 3 1 Minnetonka area D. Review City obiectives i!1 July. October and at the end of the year 1 E. Introduce a merit element to the City's pay plan system 2 1 3 3. General Government: A. Index City records. including retention schedule 1 3 B. Microfilm City records from 1990 through 1993 1 3 C. Update personnel records for all City employees 1 D. Take over maintenance & updating of City Code book in-house 3 1 E. Maintain or imorove on hiah survey "helofulness" ratina of City office staff 1 (89% heloful to verv helpful) F. Maintain or imorove on hiQh citizen "excellenVQood" ratinQ on "overall 1 service" (87%) "courteousness/professionalism" of staff (86%) 4. Finance: A. Preoare annual budaet document & submit to GFOA Distinguished Budaet 1 Award Proaram vear B. Preoare CAFR for submittal to GFOA Certificate of Excellence Proaram 1 C. Provide month Iv reoorts to staff. Quarterly reoorts to Council 1 D. Implement Caoital Improvement Annual Budget format 2 1 E. Create computerized data base for General Fixed Asset records 1 F. Review debt issues and make recommendations on debt structure 2 1 G. Become active in one or more of Joint Cities Coordination Proaram Committee 1 H. InvestiQate alternative financina sources to reduce property tax burden 1 5. Professional Services: A. Contain costs on contracted professional services 3 1 B. Attempt to utilize mediation services to avoid Iitiaation 3 1 C. Develop a statement on documents committinQ applicants to submit to mediation 1 3 services D. Increase helpfulness rating of City Assessor (70% heloful to verv heloful) 1 E. Increase citizen excellenVaood ratina on overall service (74%) and 1 courteousness/orofessionalism of staff (83%) . 110ft 1994 Objectives 6. P1a!l_nlng& Zoning~______~__ A. Hold public meetings on dr~t C~~prehen~ive Plan & adoot B. Provide adequate sta!f sUf!port to Se!lior Housing Task Force C. Updat~ Ci!}' Subdiv!~on Co~ D. Establish an action plan to implement Comprehensive Plan E. Begin work on a short-term implementation plan F. Complete the automation of pro~rty records G. Complete implementation of Rental Housina Code H. Increase citizen excellent/aood ratina on overall service (68%) & courteousness/professionalism of staff (73%) 7. Municipal Building - City Hal!: ~~_ Pai!'t remaining Ci!lJjall off!~..!...___ B. Paint/stain deck C. Improve City Halllandscapina ~_ Install smoke detectors in Ci!}1 Hall 8. A. B. Police: Complete review of police fundina formula Maintain hiah helpfulness ratina of police personnel (90% helpful to verv helpful) Maintain or improve on hiah excellent ratina on overall service 188%), response time (93%), courteousness/professionalism 188%). & crime prevention programs (90%) Maintain or improve on "feeling of safety on my neiohborhood" lsatisfied to very satisfied - 88%) C. D. 9. Fire Protection: A. Maintain helpfulness rat!!!g of fire personnel (99% helpful to verv helpful) B. Maintain or improve on hiah excellent/aood ratina on overall service (97%), response time (94%). courteousness/professionalism 197%) and inspection & fire prevention proarams (94%) 1 O. Protective InsDectlon: A. Increase & enhance public information throuah the development of at least two additional handouts relative to buildina codes ltotal of 4-) B. Draft an article for each Citv newsletter C. Explore ioint inspection oossibilities with adioinina communities D. Implement automated permit trackina svstem E. Increase helpfulness ratinas of buildina inspection (68% helpful to verv helpful) F. Increase helpfulness ratings of animal control personnel (49% helpful to very helpful) G. Increase citizen excellent/~od rating on overall service (74%) & courteousness/professionalism 173%) of inspection staff H. Increase City excellent/aood ratina on overall service of animal control personnel (41%) J.1..:- City Engineer: A. Produce a readable map of the Citv for oublic distribution B. Complete an inventory of right-of-wav needs on collector street svstem C. Keep construction oroiect files up-to-date and accurate D. Communicate in written form to affected residents at least two (2) times durina a construction oroiect E. Keep chanae orders at less than 5% of oriainal contract amount ~ " .. 0 .. 5 : ! . ~ ..; g /.:: ::.~ . ~~ .~ -f A U "u 'tJ . .. r:: ~ r: 0 ..... 'ff c.... .... cr.. 8 : &'I.!ii:= ~ .. J ~ :~ .; : .: .o:.:;....! ~.:..,l1.."ut: ~ .d...: J.' ~ li' :10108: 8 o :au u 1-- -- -1---- 2 1 -.- - --- _.- .--- 2 1 1 . 1 3 1 2 1 1 . 2 1 1 1 1 1 -- - 1 1 1 -- 3 2 1 3 2 1 2 1 3 1 I -- 1 3 1994 Objectives ~ II .: 9 t ~ >.. . . ~ ..;-g liE ;!'5 1 i 4f1; f:c::: ~ ~ c:"" -f.... cr... g : ji Ji~: A: if .c o..c .... · : .:1:!~ : ;: .: if 3" i:~ ~ ~ -::1 -::1",-' ~ i ~3 ~3 81 8 !~ Publ!c Works Service: A. Perform preventative mai~tenanc~~!:l all e~E.!!!ent within 100 miies or 10 hours of scheduled service ..a1 Perform 90% of City bui.ldin~~irs & preventative maintenance using City _~ personnel C. Maintain or im~ve on helpfulness rating of Public Works personnel (81% helpful to very helE!t:!!l 3 1 3 1 . 1 3. Streets & Roadways: A. Develop a pavement management system to aid in scheduling of street proiects 1 B. Paint lane markings on all designated streets _ _ ___ .~.I-. C. ~eep each City S!~~~L~!.l~as!_Q.n~~.~~ually._u_______.____. 1 D. Mow roadsides at least twice annually 1 2 _ E Mow boulevards at least 6 times annually 2 1 F. Visually inspect stor!ll drainage grates annually ~air as needed 3 1 .Q.~rease satisfaction rating on co!,!dilion of streets (m~tre~~%. stree!~.-!. _ ---I-- I in general 60%) _I-- H. I Maintain or improve satisfaction level on cleanliness of street (75%) 1 _~.. Increase citizen excellent/good service rating on street maintenance (59%) 1 ------.--------+-- -- - f-- 1 4. Snow & Ice Removal: A. ~l'!'ove snow & ice & complete salt/san~. operations within 12 hours after the 1 end of a snow event ---,--- ------- - --. B. Complete widening & clean-up functions within 48 hours of a snow event 1 C. Maintain or improve on high citizen excellent/good service rating on snow 1 removal (88%) -- --- 15. Traffic Control/Street Lights: A. Perform a cost efficiency study of street lighting system 16. Sanitatlon/Waste/Removal of Weeds: A. Resolve all property. clean-up complaints B. Resolve 100% of weed comE~ints 1 2 1 . 1 7. Tree Maintenance: A. Remove 100% of diseased trees on public property B. Respond to all prop~~~nerso reques!. to identify diseased trees C. Maintain & trim trees on City property which present a hazard to public 3 1 1 3 1 3 I-- 18. A. Parks & Recreation: Install/replace playground equipment in two (2) additional parks each year 1 in 1994 & 1995 Make new playground equipment handicap accessible 3 1 Implement mechanism to assist in funding park maintenance & improvements 2 1 Provide off-street parking for Cathcart Park 1 2 Coordinate scheduling of fields with Minnetonka Community Services 2 1 Add and/or replace 5 .E~~nic ta~~~year _________ _~ .1 __ _+_ Plant at least 10 treesl:l~!_Y~~~_ ___________.______ ..~. _~ __1__ ._ B. C. D. E F. G. 19. Water: A. Supply a safe. clean uninterrupted source of water to all connections B. Study the feasibility of decommissioning Badaer & Woodhaven wells C. Explore possibility of interconnecting with other communities 1 3 1 20. Sanitary Sewer: A. Work with MWCC to correct III into the sanitary sewer system B. Work with MWCC to reduce sewage treatment costs to the CitL I 3 3 I 1 L!-- I 21. A. B. C. D. 1994 Objectives - . . r-~ . . CITY OF SHOREWOOD This statement is a point of reference for all decisions and actions of Shorewood City Officials and Employees. Our Purpose: to provide a value in municipal services, to assure compliance with community laws and standards, and to keep citizens informed of those services, laws and standards. Our Goal: to serve our purpose in such an efficient, friendly manner that residents feel good about being citizens of the Shorewood community. Our Expectations: to accomplish our goal we must serve in an impartial fashion; be open, accurate, patient and courteous; and take pride in the job we do. Let us know when we don't meet our expectations! City Council 10/28/91 2/24/92 3/10/93 1/10/94 Action~ Approved Reviewed Reviewed Reviewed =If to B , . . January, 1992 SHOREWOOD CITY VALUES The Shorewood City council, in its governing roll, is responsible for setting policies for the City, which are implemented by the Administrator and City employees. Furthermore, the Administrator, employees, and City commissions propose overall goals, specific objectives, service levels, and action plans for Council consideration and direction. This "team" makes decisions and acts based on a strong set of values. The team values are: . A strong sense of commitment to the City and its statement of Purpose. . Open, democratic government, enhanced by an informed populace. . Responsiveness to the needs and desires of the citizens; public service. . Fair and equal interpretation and enforcement of City Codes. . A reputation for dependability and integrity. . Teamwork and action oriented problem solving (acting rather than reacting) . . Striving for improved productivity and efficiency through new technology and innovation. . Employee selection by merit. . Professional development. . Respect for City employees who, with fair treatment, proper training, and a willingness to let them excel, will take pride in association with the City and serve the people well. . The provision of accurate, timely information to the City Council, through proper channels, so the best possible decisions can be made. . Adherence to professional, ethical standards of conduct. ADOPTED BY THE SHOREWOOD CITY COUNCIL, MONDAY, MARCH 9, 1992 City Council 2/24/92 3/9/92 3/10/93 1/10/94 Action: Reviewed Accepted Reviewed Reviewed . . , ,.{ CKNO 15072 15073 15074 15075 15076 15077 15078 15079 15080 15081 15082 15083 15084 15085 15086 15087 15088 15089 15090 15091 15092 15093 15094 15095 15096 15097 15098 15099 15101 15102 15103 15104 15105 15106 15107 15108 15109 15110 15111 15112 15113 CHECK APPROVAL LISTING FOR JANUARY 9, 1995 COUNCIL MEETING CHECKS ISSUED SINCE DECEMBER 20, 1994 TO WHOM ISSUED PURPOSE EXPERT ASPHALT SILVERWooD PARK PROJECT FROG ISlAND BOOKSTORE APPRECIATION GIFTS HAMLlNE UNIVERSITY TUITION JAMES HURM MILEAGE MINNESOTA CONWAY-FIRE ANNUAL INSPECTION MINNEGASCO UTILITIES CITY OF MINNETONKA WATER CONNECT FEE THERESA NAAB MILEAGE/SUPPLIES NORTHERN STATES POWER UTILITIES PEPSI COLA COMPANY MISC VILLAGE FLOWER SHOP APPRECIATION GIFTS BELLBOY CORP LIQUOR MIDWEST COCA-COLA MISC GRIGGS, COOPER & CO L1QUOR/WINE/MISC JOHNSON BROS LIQUOR CO L1QUOR/WINE LAKE REGION VENDING MISC PHILLIPS WINE & SPIRITS L1QUOR/WINE QUALITY WINE & SPIRITS L1QUOR/WINE THE VICTORIA GAZETTE ADVERTISING FIRST STATE BANK FED/FICA TAX WITHHELD COMMISSIONER OF REVENUE STATE TAX WITHHELD PERA PERA ICMA RETIREMENT TRUST -457 DEFERRED COMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS CHILD SUPPORT ENFORCEMENT PAYROLL DEDUCTIONS ANOKA CTY SUPPORT/COLLECl PAYROLL DEDUCTIONS BRADLEY NIELSEN SEC 125 REIMBURSEMENT JOSEPH PAZANDAK MILEAGE AI RSIGNAL PAGER AMERICAN ENGINEERING OLD MARKET RD PROJECT B & J AUTOMOTIVE REPAIR TIRE CH CARPENTER LUMBER LUMBER CARGILL SALT DIVISION SALT CHANHASSEN LAWN & SPORT TOOLS/PARTS CONTACT MOBILE COMM. RADIO REPAIR CROSSTOWN-OCS,INC COFFEE SUPPLIES CROWNMAR~NG MAYOR STAMP CITY OF EXCELSIOR SIGNAL L T UTILITIES GNERER WELDING INC SHOP SUPPLIES GRAY GARDENS CENTERPIECES GROSSOFACESUPPY SUPPLIES AMOUNT $900.00 25.45 600.00 87.77 32.00 47.00 1486.30 50.77 1810.49 45.17 99.95 1406.35 96.15 3338.78 2424.93 66.84 1485.60 713.68 45.00 6026.13 1037.82 1974.51 671.57 432.00 92.50 139.44 100.00 84.39 9.58 373.75 15.00 7.79 818.61 22.49 75.75 60.15 20.14 162.16 110.49 91.06 26.63 Page 1 -. . CKNO 15114 15115 15116 15117 15118 15119 15120 15121 15122 15123 15124 15125 15126 15127 15128 15129 15130 15131 15132 15133 15134 15135 15136 15137 15138 15139 15140 15141 15142 15143 15144 15145 15146 15147 15148 15150 15151 15152 15153 15154 15155 . CHECK APPROVAL LISTING FOR JANUARY 9, 1995 COUNCIL MEETING CHECKS ISSUED SINCE DECEMBER 20, 1994 TO WHOM ISSUED PlJRPCEE HANCE HARDWARE SUPPUES HENNEPIN COUNTY TREASURER NOV. PRISONER EXPENSE JOHN HENRY FOSTER MN INC REPAIR EQUIP. MAC WAREHOUSE SOFTWARE MANN MADE PRODUCTS SHOP SUPPLIES MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES CELLULAR TELEPHONE CO AIRTIME MINNEGASCO UTILITIES MTKA COMMUNITY ED & SVS SUMMER REC PROGRAMS MTKA COUNTRY CLUB HOLIDAY PARTY NIS COMMUNICATIONS CABLING NCfITHERN SHOP SUPPLIES NORTHERN STATES POWER STREET L T UTILITIES NORTHERN STATES POWER UTILITIES RGIS INVENTORY SPECIALISTS INVENTORY ROUSE MECHANICAL INC REPAIR FURNACE SUMMIT CREEK HOMES ESCROW REFUND TIME SAVER OFF SITE SEC MINUTES CITY OF TONKA BAY INVENTORY UNITOG RENTAL SERVICES UNIFORMS US WEST UTILITIES WATERPRO WATER SUPPLIES BELLBOY CORP L1QUORIMISC/SUPPLlES BOYD HOUSER CANDY & TOBAC MISe MIDWEST COCA-COLA MISe GRIGGS, cooPER & CO L1QUOR/WINE HOOPS TRUCKING LIO/WINE FREIGHT JOHNSON BROS LIQUOR CO UQUOR/WINE LAKE REGION VENDING MISe MARK VII BEERtMISC MN SUN PUBLICATIONS PUBLISHING NORTH STAR ICE MISe PHILLIPS WINE & SPIRITS WINE/LIQUOR/MISC QUALITY WINE & SPIRITS CO L1QUOR/WINE WASTE MANAGEMENT-SAVAGE WASTE REMOVAL PERA JAN ADD'L LIFE INSURANCE MEDICA JAN HEALTH INSURANCE LEAGUE OF MN CITIES JAN DENTAL INSURANCE MINNESOTA MUTUAL LIFE JAN srr DISABILITY COMMERICAL LIFE INS CO JAN LIFE INSURANCE AFSCMECOUNCIL 14 JAN DELTA DENTAL AMOUNT $12.30 1586.60 179.23 92.95 9.60 387.17 64.93 1102.61 3894.59 1177.05 1432.78 39.28 2236.83 401.66 125.00 174.25 300.00 249.75 15699.56 379.56 917.07 457.30 4959.06 571.88 64.79 3737.28 124.80 3862.47 167.10 1987.80 409.60 58.56 2785.06 1063.76 153.00 54.00 4341.04 448.44 81.00 50.15 224.00 Page 2 . . i 15156 15157 15158 15159 15160 15161 15162 15163 15164 15165 15166 CHECK APPROVAL LISTING FOR JANUARY 9, 1995 COUNCIL MEETING CHECKS ISSUED SINCE DECEMBER 20, 1994 ARMOR LOCK & ALARM SVCS TIB L1Q 1 ST QTR MONITORING PATRICIA HELGESEN SEC 125 REIMBURSEMENT PEPSI COLA CO MISC GRIGGS, COOPER & CO L1QUORIWINE JOHNSON BROS LIQUOR CO L1QUORIWINE LAKE REGION VENDING MISC LEEF BROS SUPPUES PHIWPS WINE & SPIRITS L1QUORIWINE QUALITY WINE & SPIRITS CO L1QUORIWINE R-FOUR STAR MISC RYAN PROPERTIES JANUARY RENT TOTAL CHECKS ISSUED Page 3 136.26 558.00 37.00 2411.19 1793.12 233.94 25.17 1100.56 283.14 70.00 2493.75 CHECK APPROVAL LIST FOR JAN. 9. 1995 COUNCIL MTG CHEC:-<.a: VEr...J,DOF~ Ni:~l""iE DESCRIPTION DEPT. 15167 AMERICAN PLANNING ASSOC. SUBSCRIPTION RENEWAL PLANNING 1~::,16:3 ASSOC. OF METRO MUNIC MEMBERSHIP DUES COUNCIL 15169 BRC ELECTIONS-MIDWEST REG ELECTION EQUIP MAINT 15170 ERICKSON. ROLF E.A. JAN ASSESSING FEE JAN ASSESSING FEE *** TOTAL FOR ERICKSON. ROLF E.A. 15171 GOVT FINANCE OFCRS ASSOC SUBSCRIPTION RENEWAL 15172 HENNEPIN COUNTY TREASURER TRUTH IN TAXATION .",1'7";(, 1\' . "1'\" ...}, ~.' _,\ f1 ,<..i:'i cm.J,SEF:,(V. DISTFHCT 95 LK MTKA CONSV BUDGET 15174 U~R}{.H.J,. HOFFMAN. DALY... LEGAL LEG(~L LEGi~L U::GI~~L *** TOTAL FOR LARKIN. Df.'iL HOFF1"iAl'-J. . 15175 MAMA MEMBERSHIP DUES 15176 METRO WASTE CONTROL COMM. JAN TREATMENT CHARGES 15177 NATIONAL ARBOR DAY FNDTN ANNUAL MEMBERSHIP FEE 1517[;,1 ORR.SCHELEN.MAYERON/ASSOC NOV ENGINEERING 3VS NOV E/...J,G 3VS HOI.,.. ENG 3\/S [...J,OV ENG SVS NOV E/'~G SVS *** TOTAL FOR ORR.SCHELEN.MAYEROH/ . 15179 SEHSIBLE LAND USE COALITH MEMBERSHIP FEE GEf'--J, GOVT (~l"iOUNT 45.00 1.821.00 7.12.50 PROF:: PFWF SER 3.44';;) . 05 SEr:< 42.00 3.491_0~, F:: I [...J,(~NC:E GEN GOV'T COU[..J,C: I L. PROF SEf~ Pf~OF SEf':'( 55.00 444.43 16.. ~L9E). 00 468.00 1,709.60 54.00 54.00 2.285.60 ADMIN 25.00 SEWEr:< DE 39.116.00 (~DhI["J, SEI,..Ji:::i~ DE .10..00 4.802.50 1,< 733 . 06 870.75 307.46 174.1~'S PLI;Nl.,.j I ~~G 7.887.92 75.00 SRS HOUSING PRESEHTATION COUNCIL 15180 SPRINGSTED TOTAL CHECKS FOR APPROVAL Tn'1'AL CHECK APPROVAL LIST Page 4 600.00 72.763.50 $165.083.68 PERIOD END DAre 12/24/94 . . .. C: ;nj E c:: }{. T"/PE C 01"1 COM COM COf"i COi'1 COM COj") COM COi'i CCWi COi'i COM COM COM COM COi"i C01'1 COi"i COM C011 COM C 01"1 COf1 C011 COM COM COM MAi'! COM COM COM C 01"1 COM C 01"1 M(~N CHECf< Dt:HE 12 27 94 12 27 94 12 27 94 12 27 94 1.2 27 94 12 27 9,~. .12 27 94 12 27 94 .12 27 94 1',:> 27 94 12 27 94 12 27 94 12 2'7 94 12 27 94 12 27 94 12 27 94 1:2 :27 94 1'";' 27 94 12 27 94 12 27 94 17 27 94 12 27 94 1:2 27 94 12 27 94 12 27 94 12 27 94 1:2 27 94 12 27 94 .12 27 94 12 27 94 12 27 94 12 27 94 12 27 94 12 27 94 12 27 94 CHi:::Cf<. h'[GI0TEF~ Ei"iPLO'yEE (!(if"ii:: N U 1"i E: i:: F<' 350 TIMOTHY J. CRUICKSHANK 500 CHARLES S. DAVIS 775 JAMES C. EAKINS 1001 JOHN M. FRUTH 1170 MARLENE 0. HAPTONSTALL 1190 KATHLEEN A. HEBERT 1195 PAUL T. HEGG 1400 PATRICIA R. HELGESEN 1415 SHAWN D. HEMPEL 1550 JAMES C. HURM 1601 BRIAN D. JAKEL 1700 JEFFREY A. JENSEN 1800 DENNIS D. JOHNSON 1950 MARTIN L. JONES 2100 WILLIAM~. JOSEPHSON 2201 MARK R. KARSTEN 2500 SUSAN M. LATTERNER 2550 PETER W. LENZEN 2555 TAMMY ~ LENZEN 2800 JOSEPH P. LUGOWSKI 2900 RUSSELL R. MARRON 3000 THERESA L. NAAB 3100 LAWRENCE A. NICCUM 3400 BRADLEY J. NIELSEN 3500 JOSEPH E. PAZANDAK 3600 DANIEL J. RANDALL 3701 BRIAN M. ROERICK 3800 ALAN J. ROLEK 3900 CHRISTOPHER E. SCHMID 3910 R CONRAD SCHMID 4202 M(~)RY SHt:~I,,) 4600 BEVERLY J. VON FELDT 4750 RALPH A. WEHLE 4900 DEAN H. YOUNG 5000 DONALD E. ZDRAZIL ****TOTALS:l<*** Page 5 CHECK f'-iUi"iE:Er;' .2()~39t,.2 2 () ~3 .~~ c:.) 3 208964 2 () ~:.\ .~.~ Cl .5 2f):3')lS{) 2 () ~3 (~;; e., "7 2 ():3 .;j 1.(:) 2; 208969 208970 208971 21:)8S)"72 208973 208974 208975 208976 2()8<;J77 2()8Ij"7;3 208979 208980 208981 208982 208983 2089:34 208985 208986 208987 2':)8988 21);39-59 208989 208990 2089')"/1 208992 208993 208994 208958 CHE:Cf{. Ar'10UHT 74.81 6c:.,.5 .. (~3 427.69 34.78 3':',2 ,. 6~;> 476.99 84.68 788.84 173.38 .1.5~l2 .. 6.S .100.,47 690.18 770.2.5 133.23 631.. 5.S 2.5..37 21~,.1.. 6~:s (~. ~2 .. ':;1 .~I 144.27 791.94 151.72 t,38.. 33 870..75 .1030.3.1 .1065.. 71 847.46 82 ..2~~ 1137.56 227.95 105.28 50..91 618.78 627..52 ':',.56.. 23 1187.93 17492.57 .J CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, DECEMBER 6, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Borkon, Foust, Malam, Pisula, and Turgeon; Council Liaison Lewis; Planning Director Nielsen. APPROVAL OF MINUTES Borkon moved, Pi sui a seconded to approve the minutes of the Commission's November 22, 1994 meeting. Motion passed 7/0. 1. 7:00 PUBLIC HEARING. SETBACK VARIANCE A~plicant: Location: John Grable 4720 Bayswater Road Chair Rosenberger announced the case and outlined the procedures for a public hearing. Nielsen reviewed John Grable's request for a setback variance to build a 6' x 10' deck on the northwest side of his recently completed patio home in Amesbury West. The proposed deck would encroach approximately 2' into the 50' perimeter setback of the plat and 48 square feet of the deck encroaches into the common area of the planned unit development. As explained in detail in the December 1, 1994 staff report, Nielsen referred to an on-going debate between the staff and the AmesburylWest developer regarding allowable encroachments into p.u.d. common areas. As set forth in an October 31, 1990 letter to McNulty Construction, the staff maintains that the common area was set aside as green space and that the unit lot lines establish the limits of construction for buildings in the project. The record shows that the developer disagrees with this position. The matter has been ignored until consideration of a variance is necessary. Nielsen stated that when construction of the patio home began in July 1994, the builder was advised that the permit would not be issued until the deck issue was resolved. In order to begin construction, plans were drawn to show a 6' x 10' deck to comply with current requirements and does not encroach into the common area. However, the patio door was installed in anticipation of receiving a variance, at the owner's risk. Nielsen explained that under variance rules, an applicant must demonstrate that some hardship exists to prevent reasonable use of the property without a variance. Nielsen stated the request fails to meet the criteria for a variance in that ample room is clearly available to build a deck without a variance and the variance could have been avoided through design of the residence. Nielsen explained that the p.u.d. zoning tool guarantees that green space will be maintained and may not be subverted by any other agreement. Based on the staff analysis, Nielsen recommended that the variance be denied and that any deck be built within the confines of the unit lot. ~ . PLANNING COMMISSION MINUTES December 6, 1994 - PAGE 2 Mr. James McNulty, 400 Second Avenue, developer of Amesbury and Amesbury West, representing Mr. Grable, stated the recently completed residence was occupied over the weekend. He explained that when the original development was begun in the 1970s, its concept was encoded into the deed restrictions, adopted by the City, which allows encroachment into the common area for minor items such as air conditioners, deck overhangs, patios, etc. All units fit tightly into the lot area so a need for encroachment occurs from time to time to accommodate additions. McNulty circulated photographs of other units with encroachments previously approved by the City under the planned unit residential development at the original construction stage. The deed restrictions provided for encroachments for future additions which are reviewed by the association's architectural committee. McNulty referred to the disagreement with the City's position that applies the single family zoning requirements to this development. He explained the placement of the proposed small breakfast deck allows a window in the kitchen, is reasonable, noncontroversial, and is permitted under the deed restrictions, therefore a variance is not required. McNulty acknowledged the concern regarding encroachment into the 50' setback from the property line and stated that with some compromise of Mr. Grable's desires, a deck could be placed, encroaching into the common area, without encroachment into the setback area. According to Mr. McNulty, other design options have been considered, but a hardship exists due to the confines of the lot. (The applicant, John Grable, was not in attendance due to a schedule conflict.) Chair Rosenberger opened the public hearing at 7:20 p.m. and accepted for the record a November 28, 1994 letter from Evelyn W. Sayer, 4730 Bayswater Road., Excelsior, supporting denial of the application. Robert Jochims, 4765 Bayswater Road, president of the Homeowners' Association, stated the encroachment has been considered and approved by the members of the association, as -have other similar situations. He stated the members believe that further consideration is necessary if the City is going to be making decisions in these matters since that may infringe upon future requests. Dean Thomas, 4785 Bayswater Road, stated the association deals with requests on a cooperative basis for the good of the entire development. He explained that the construction of the deck in the requested location could be helpful in deterring illegal cut-through traffic on a closed road in that area where balyards have been erected. Robert Torkelson, 4725 Bayswater Road, stated his residence is similar to the Grables and he has a deck with 65 square feet of area. He supported approval of the variance to enable construction of the deck to augment the home. Felicity Furber, 400 Second A venue, stated she is working with Mr. Grable and he is eager to have the deck constructed as it will enhance the useable area of his residence. Susan Lind, 110 Carlson Parkway, (on the sign-up list) did not respond when called upon to speak. Chair Rosenberger closed the public hearing at 7:25 p.m. The Commission acknowledged that the public comments support the variance request. Nielsen explained that during the platting of Amesbury and Amesbury West, a gap was left at the end of Garden and Bayswater Roads to be used and maintained only as an emergency access to the development. Nielsen stated the City has responded in various ways to complaints regarding cut- through traffic at that access, but doubted the deck has little bearing on that concern, and has no impact on the variance request. , " PLANNING COMMISSION MINUTES December 6, 1994 - PAGE 3 Foust requested clarification of the change in location of the deck from the original plan submitted for the building permit. Nielsen clarified the change reiterating that the original plan complied with the current setback requirements. Turgeon inquired how other units have been allowed to encroach into the common' area. Nielsen stated he was not aware of other encroachments into the common area, but would investigate and review the approved plan. Pisula shared Turgeon's concern regarding the other encroachments referred to during public comment. ' Malam requested clarification of the City's position regarding encroachments allowed under the deed restrictions. Nielsen explained that the development agreements and protective covenants for Amesbury and Amesbury West do not clearly specify what private improvements are allowed to be constructed in the common areas, the language is vague and no limit is established. Therefore until the p.u.d. agreements are amended to provide clarification, the City's current p.u.d. guidelines are considered applicable for determining setback requirements. Malam expressed concern that a deck design complying with the requirements was submitted with the building permit application, yet the current application claims that a hardship exists. Bean asked Mr. McNulty why the disagreement was not resolved when first raised in 1990. McNulty responded that it was believed that the development agreements supported his position and to amend the agreements involved lengthy and costly legal action. The association has dealt with additions on a case by case basis and there are 15 or more units with encroachments into the common area. The number of units encroaching into the 50' perimeter setback area is unknown. Nielsen explained that the association's architectural committee considers only the design aspect of additions, not City Code conformance. Bean stated that to avoid esoteric debates and absent clear guidelines in the development agreement, the Commission must apply the City's variance criteria in considering this application since the developer was advised of the City's position in Nielsen's letter dated October 31, 1990. Bean inquired whether the agreement could be amended from a date forward to apply only to new requests. Nielsen expressed uncertainty about such an approach and preferred that an amendment not be limited. Borkon acknowledged the architectural committee and association's consideration of the application. She requested additional information regarding the other encroachments. She expressed concern that a breach of the p.u.d. guidelines for granting variances would set an unacceptable precedent. Rosenberger was troubled by the applicant's apparent assumption that a variance will be granted since construction of the residence deviated from the plan submitted to the City with the building permit request. Rosenberger stated the Commission adheres closely to the variance criteria as required. Turgeon stated that the applicant has not demonstrated that a hardship exists preventing reasonable use of the property and construction of a deck. She requested that information about the other encroachments in the development be included with the recommendation submitted to the Council. Turgeon moved, Pisula seconded to recommend to the Council that it deny the setback variance application of John Grable, 4720 Bayswater Road. Motion passed 7/0. The developer was strongly encouraged to amend the development agreements to delineate the specific encroachment criteria. The Council may consider the recommendation at its December 19, 1994 meeting. 2. 7:15 PUBLIC HEARING - PRELIMINARY PLAT - JAEGER ADDITION Applicant: Location: Abingdon Development Corp. 25655 Smithtown Road and 25725 Eureka Way " ~.l PLANNING COMMISSION MINUTES December 6, 1994 - PAGE 4 Chair Rosenberger announced the case and outlined the procedures for a public hearing. Nielsen explained that the 7-lot Smithtown Meadows subdivision is a proposal suspended by the current development moratorium. Abingdon Development Corp. requests approval to plat the 2 lots which currently have homes on them. The buyer of the home on lot 2 wishes to take clear possession of the property and the substandard home on lot I will be destroyed. At the direction of City staff, the developer proposes to plat the right-of-way for the future street and plat the remaining portion of the property as an outlot to remain undivided until the moratorium expires. The proposed plat is consistent with the intent of the development moratorium; 2 buildable lots will be platted and both have existing homes on them. The street will be dedicated to the City, but not built until Outlot A is platted. The lots are consistent with R-1C zoning requirements, therefore, Nielsen recommended approval of the application subject to a development agreement prepared to address the future development of the outlot, street, and utilities. Charles Dillerud, representing Abingdon Development Corporation, explained the preliminary plat before the Commission will facilitate the purchaser, Mr. Jaeger who has been renting the home on lot 2, to take possession and will provide for removal of the substandard Tessier home from the property. He reported the use restrictions over a portion of the plat once owned by the railroad were released in July 1993. Dillerud reiterated that no new buildings will result from this platting and noted the City Attorney has reviewed the preliminary plat application. Steven Jaeger, 25655 Smithtown Road, stated a contract for purchase of the home was executed in August 1994, and with interest rates rising, the Commission's favorable. consideration of the preliminary plat would be appreciated. Chair Rosenberger opened the public hearing at 7:55 p.m. and accepted for the record a letter dated December 6, 1994, regarding the application, from Susan Prince and Alan Krutsch, 25725 Smithtown Road. Ingrid Schaff, 25605 Smithtown Road, inquired why the replatting of both lots is necessary and indicated lot 1 was originally part of Smithtown Meadows and expressed concern that it is actually part of the subdivision and the home will be used as a model home. She expressed concern that use of Eureka Way will exacerbate its current deteriorated state. She inquired whether the 12' areas from her property line to the new road will be ditches, grass, etc. She inquired how many trees will be replaced and of what type when the road is built. She inquired whether this platting is consistent with the Comp Plan update. Tom Kelsey, 25605 Smithtown Road, stated his property will be profoundly affected by this platting. He expressed concern regarding the impact of the road and development on the existing aesthetics, seclusion, value of his property, noise, and visibility. He stated that substantial trees will be needed to maintain his seclusion. Kelsey believed the sale of the home should be completed without drawing up the road and replatting two lots. He was concerned that a model home will be constructed and that 5 homes will be built one by one. He inquired what the price of the homes will be. Chair Rosenberger closed the public hearing at 8:05 p.m. The Commissioners addressed the questions from the public. Nielsen explained that the replatting of 2 lots is required because the City's subdivision ordinance does not allow new lots to be created without frontage on a public street. By platting the road, lot 2 will be in compliance. He clarified that the street will not be constructed at this time. He provided additional information regarding the roads, driveways, sodding, drainage, etc. Nielsen explained that at the time outlot A is platted, the street will be built and reforestation will be defined under an ordinance to be developed resulting from the Comp Plan update. The plan is consistent with the current and updated Comp Plan with respect to zoning. Dillerud indicated there are no current plans for a model home and the value of any new homes is expected to be similar to, or more than, existing homes in the area. PLANNING COMMISSION MINUTES December 6, 1994 - PAGE 5 Malam stated that development of the remaining parcels of property is within the owners' rights as long as development is in conformance with City codes. In his opinion, new homes will likely increase the value of existing homes and properties. The developer has indicated that a generous reforestation program will include sizable trees to restore screening and privacy and mitigate noise in the affected area. It was pointed out that this preliminary plat is essentially an extra step for the developer recommended by the City and the development of the 5 lots of Outlot A of Smithtown Meadows is subject to the current moratorium, therefore marketing will not occur, since homes do not exist. Turgeon requested clarification of reference in the resident's letter regarding Eureka Way right-of- way to access the subject properties. Nielsen stated the titles will be examined, however, easements are granted from property to property, not person to person. Bean inquired whether the development agreement could restrict a model home until Outlot A is re-platted. Nielsen indicated he would check with the City Attorney. Borkon supported a restriction against a model home on the plat. Malam doubted that a restriction would be legal, but suggested that a mutual agreement be considered with respect to a model home. Turgeon moved, Borkon seconded to recommend to the Council that it approve Abingdon Development Corporation's preliminary plat-Jaeger Addition, 25655 Smithtown Road and 25725 Eureka Way, subject to preparation of a development agreement to address the future development of the outlot, street, and utilities. Motion passed 7/0. The Council may consider the recommendation at its December 19, 1994 meeting. 3. 7:30 PUBLIC HEARING EXCEEDING 1200 SQ.FT. C.U.P. FOR ACCESSORY SPACE Applicant: Location: Steven Simon 26710 Edgewood Road Chair Rosenberger announced the case and outlined the procedures for a public hearing. Nielsen reviewed Steven Simon's application for a conditional use permit necessary for significant remodeling at 26710 Edgewood Road, that results in the amount of accessory space exceeding 1200 square feet of area. Four buildings result in 2458 sq.ft. of accessory space. Nielsen presented compliance analysis of the request under the zoning code criteria (detailed in his memorandum dated December 19, 1994). Based upon that analysis, Nielsen recommended the c.u.p be granted subject to the following conditions: 1) existing concrete pad must be corrected to comply with setback requirements; 2) a landscape plan, subject to the approval of the City and the DNR, must restore vegetation on the shoreline to its former extent; 3) bids for the landscape plan (once approved) must be provided to determine the amount of a letter of credit; 4) lot coverage calculations must demonstrate that impervious surfaces will not exceed 25% of the lot area; 5) the pool house must be redesigned to eliminate the kitchen. Bill Brueggeman, contractor representing Mr. Simon, stated the Planning Director's recommendations have been reviewed and intend to comply with the all the issues. A landscape architect has developed a plan to restore vegetation along the lake shoreline. He explained that the material/vegetation removed when the project began was considered unacceptable because of delayed and/or lack of maintenance on the property over a 15 year period which was seldom used. Recalculations regarding hardcover will be provided at week end. Steven Simon stated his support for the recommendations proposed and considered them reasonable. He explained the objective is to restore the property to its natural beauty. 4.; _- ._i PLANNING COMMISSION MINUTES December 6, 1994 - PAGE 6 Chair Rosenberger opened the public hearing at 8:35 p.m. Howard Kushmar, 26720 Edgewood Road, inquired about the number of buildings on the property and stated he supports the project. Chair Rosenberger closed the public hearing at 8:40 p.m. The Commission discussed the application. Turgeon, Foust, Malam, and Borkon interposed no objections to the plan, subject to the staff recommendations. Pisula inquired about the a neighboring property owner's suggestion that there may be a restrictive covenant over the easterly 66' of the lot along the lake. Brueggeman explained that the covenant restricts fence or a hedge along the eastern-most lot line of the subject lot. Bean expressed concern regarding the extraordinary amount of accessory space. It was, however, acknowledged the size of the lot (4.09 acres) allows the 2,458 square feet of accessory buildings. Malam moved, Borkon seconded to recommend to the Council that it approve the application of Steven Simon for a C.U.P. for Accessory Space in Excess of 1200 Square Feet, at 26710 Edgewood Road, subject to the conditions outlined in the Planning Director's memorandum of December 1, 1994. Motion passed 7/0. The Council may consider the recommendation at its December 19, 1994 meeting. Chair Rosenberger recessed the meeting at 8:45 p.m. and reconvened at 8:50 p.m. 4. ZONING ORDINANCE DISCUSSION - SWIMMING POOL FENCE REQUIREMENTS Rosenberger introduced the issue and stated the discussion is not open for public comment. For the record, letters were accepted from Dan Lundgren, 5520 Sylvan Lane, Excelsior; Bill and Pat Carrothers, 26620 Wild Rose Lane; and David W. Raisbeck, 26640 Edgewood Road. Nielsen reviewed the issue before the Commission: whether or not the current fencing requirement for swimming pools should be amended to apply retroactively to properties which are in noncompliance. He stated that City records provide sketchy background information on the rationale for adoption of the current ordinance, referred to the 13-page informational document regarding safety associated with swimming pools provided by Commissioner Foust, and referred to the letters received from interested/affected residents noted by Rosenberger. The staff seeks direction as to whether to amend the ordinance to require grandfathered pool owners to comply or to maintain the current policy of notification of noncompliance and inviting such pool owners to comply. Nielsen indicated an acceptable compromise would be a suggestion made by Commissioner Borkon that to speed up compliance of the grandfathered, noncompliant pools, conformity be required at the time a change in ownership takes place. Considerations of the Commissioners during comprehensive discussion included: setting a time schedule for compliance; pools enclosed with a fence vs. reliance on a perimeter fence, require pool covers, deterrent value of gates-locks, enforcement problems, costs to pool owners, statistics indicate the majority of drownings are resident rather than outsiders, parental/personal/adult responsibility, supervision and education, fencing creates a false sense of security, aesthetics vs. human life, other water-related dangers such as lakes, ability of an ordinance to assure safety, design ordinance to apply to density zones, 4-sided pool fences, prohibit pools. Malam moved, Pisula seconded to recommend to the Council that the current ordinance be maintained to require fences around pools. Motion passed 7/0. .- -!\ PLANNING COMMISSION MINUTES December 6, 1994 - PAGE 7 Bean moved, Borkon seconded to recommend to the Council that the ordinance regulating swimming pool fence requirements be amended to provide that the grandfather provisions terminate at any change in title to the property. Motion failed 3/4. Turgeon, Pisula, Foust, and Rosenberger voted nay. Rosenberger moved, Bean seconded to allow re-consideration of the previous motion. Motion passed 6/1. Foust voted nay. Bean moved, Borkon seconded to recommend to the Council that the ordinance regulating swimming pool fence requirements be amended to provide that the grandfather provisions terminate at any change in title to the property. Motion passed 4/3. Turgeon, Pisula and Foust voted nay. 5. MATTERS FROM THE FLOOR Ingrid Schaff, 25605 Smithtown Road, reported the cost of installation of a traffic signal on County Road 19 is estimated at $100,000-$110,000 of which Hennepin County will pay 25%, the remainder and maintenance would be shared by several jurisdictions. Nielsen indicated the County will be asked to conduct a corridor study to provide options for the intersection. 6. REPORTS Council Liaison Lewis reported on actions taken by the Council at its November 29, 1994 meeting and answered Commissioners' questions. Malam stated that the Park Commission will conduct a public hearing on December 13 on the Silverwood Park turf trail. Foust inquired about installation of a dead-end sign at Enchanted Islands. Nielsen assured that the sign will be installed. Future meeting dates: Joint Meeting with Council-December 12. The Commissioners agreed to cancel the December 20, 1994 meeting. Neighborhood meetings to consider the Comprehensive Plan update will likely begin in January 1995. 7. ADJOURNMENT Turgeon moved, Pisula seconded to adjourn the meeting at 9:50 p.m. Motion passed 7/0. RESPECTFULL Y SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial . . 4(.. DRAFT CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDA Y, DECEMBER 13, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CALL TO ORDER Chair Jennifer McCarty called the meeting to order at 7:03 p.m. 2. ROLL CALL Present: Chair McCarty; Commissioners, Fuller, Dzurak, Bensman, Wilson, and Martin; Administrator Hurm; and Council Liaison Benson. Absent: Commissioners Colopoulos 3. REVIEW AGENDA McCarty added "Nominations for 1995 Chair and Vice-Chair" as Item #6 and moved "Reports" to Item #7, "Matters From The Floor" to Item #8, and "Adjournment" to Item #9. 4. APPROVAL OF MINUTES Martin moved, Bensman seconded, to approve the minutes of Tuesday, November 22, 1994, with the following corrections: Item No.5, Paragraph 3, make a correction to change the name "Ann" Bensman to "Mary". Item No.7, Paragraph 1, "residence" should be changed to "residents". Motion carried 5/0. Fuller abstained. 5. PUBLIC HEARING . RECONSIDERATION OF. SILVERWOOD TURF TRAIL Chair McCarty welcomed those in the audience and indicated that this was a public hearing on the consideration of Silverwood Turf Trail. McCarty introduced the City Administrator, James Hurm, who will gave a brief presentation on the steps of a public hearing and reviewed the history of the turf trail. McCarty explained that after the public testimonies, the hearing would be closed and the Park Commission would discuss to make a recommendation regarding the trail. Hurm reviewed the proposed turf trail plan, originally approved in 1984 along with Silverwood Park. He indicated on a map the location of the trail and its path. Hurm said the plan became part of the City's official trail plan adopted in 1992. Hurm reported that area residents were notified of surveying to be done in connection with the trail. Many residents expressed their concerns and opposition. A petition was submitted with approximately 143 signatures. ,... .. -' SHOREWOOD PARK COMMISSION MINUTES TUESDAY, DECEMBER 13, 1994 Page 2 of 4 Hurm noted the Park Commission will make a recommendation to the Planning Commission, who in turn can amend the Comprehensive Plan. The final hearing will probably be in late February. Hurm reported there were 86 survey sheets returned opposing the installation of the Turf Trail and 15 in favor of it in response to the notice sent. McCarty opened the hearing to the public. Barbara Collins. 19860 Muirfield Circle, expressed opposition to the turf traiL Virg Smeltzer. 19600 Waterford Court. agreed with Barbara Collins. He supported the petition which opposed the turf trail and the concerns in regards to the safety, police protection, and the necessity of the traiL Rick Birno. 5965 McKinley Place, member of the Board of Directors of Park Associations of Minnesota. He felt it was absolutely terrible that the residents didn't want the traiL He felt this was a real nice opportunity to have a walking trail. McCarty advised that if the turf trail was removed from the Trail Plan, the property would be kept as City owned green space and remain open as public land. Mark Ridge. 19525 Vine Ridge Road. was opposed to the turf traiL Kevin Towey. 19495 Vine Ridge Road, questioned the Park Commission's next action considering the opposition voiced to the trail. McCarty explained that the Park Commission would give a recommendation to the Planning Commission. If the Planning Commission concurs, they will incorporate the recommendation in the update of the Comprehensive Plan and present entire the document to the City CounciL There are also public hearings held on that document. Jeff Bailey. 19660 Sweetwater Curve. was in favor of having the turf traiL He felt his family and neighbors would enjoy walking around that area, or would use it for running or skiing. It would be a real positive for the community. He felt the hazardous reasons were trivial. Mr. Bailey said the plans are in place, a deals a deal. He didn't see any reason for cancelling the project. He felt property belongimg to Shorewood is public land. He strongly supported the turf trail. Greg Gac. 19705 Chartwell HilL pointed out several issues: 1) the problems with the trail itself; 2) the recent developments that have occurred since the adoption of the plan; and 3) the trail not wanted by the majority of the nearby residents. He felt the trail was not a good idea as it connects a public park designed for children with a public liquor store, and noted this trail would be a suburban trail through backyards. Mr. Gac questioned the environmental impact. Mr.Gac commented that if the money is available for the public park, why not do something to enhance the park, like a warming house since there is a wonderful pond there available for ice skating. He noted there are certainly other potentials of improvements in the park. In conclusion, he noted that the land does belong to the City and he does not expect the City to give the land to the residents. McCarty closed the public hearing at 7.23 p.m. '. . .If, SHOREWOOD PARK COMMISSION MINUTES TUESDA Y, DECEMBER 13, 1994 Page 3 of 4 McCarty clarified the money to be spent on the turf trail was a minimal expense of $200. She explained the plan was basically clearing a path to make a trail and would not have an environmental impact. McCarty also noted that the trail as proposed does not go to the liquor store, but rather to a site near the proposed daycare center. Bensman recommended due to the number of residents who opposed the turf trail that the project be dropped. Fuller felt that the trail was not a high priority issue to the residents and that the Park Commission should recommend not to develop the trail. McCarty disagreed with the opposing views, but felt they should listen to the residents desires. Fuller noted that the land belongs to the City and recommended not to go any further with the plan of the Turf Trail at this time. Wilson did not see any real good reasons for not developing the trail. He noted that since the majority of the residents do not want the trail, the Park Commission should use the money elsewhere. Wilson felt a greater problem may be created by not providing a trail for the children using the park. Dzurak agreed with the comments made by Wilson, McCarty, and Bensman, but felt they should recommend to remove the project from the trail plan. McCarty moved, Bensman seconded, to remove the development of the Silverwood Park Turf Trail Plan from the Comprehensive Plan, and to allow the land to remain as green space. Motion passed unanimously. Hurm explained the Planning Commission would present the Comprehensive Plan with the recommendation not to develop the turf trail to the City Council. Hurm also stated there would be a couple information meetings probably in late January or early February, at which testimony will be taken on the whole Comprehensive Plan with focus on the trail plan. Hurm noted that if the Planning Commission wants to recommend something different to the City Council, then they would point that out and say that the Park Commission voted to have the trail off. 6. NOMINATIONS FOR 1995 OFFICERS FOR CHAIR AND VICE-CHAIR McCarty moved, Dzurak seconded, to nominate Mary Bensman for 1995 Chair. Motion passed unanimously. McCarty moved, Bensman seconded, to nominate Roxanne Martin for 1995 Vice- Chair. Motion passed unanimously. ,~~- "",.' SHOREWOOD PARK COMMISSION MINUTES TUESDA Y, DECEMBER 13, 1994 Page 4 of 4 7. REPORTS Wilson reported that the motion on allowing horses on the trails was turned down by City Council. They directed the Park Commission to take their petition to allow horses on the trail to the County. Wilson noted that this is looked at being a non-issue by the City Council because there is not much equestrian use of the trail now. Hurm reported Council questioned why the slides at Silverwood Park were blocked. Council felt they should be opened. Dzurak noted he and other neighbors could watch the slides for misuse. 8. MATTERS FROM THE FLOOR There were no matters from the floor. 9. ADJOURNMENT There being no further business, Bensman moved, McCarty seconded, to adjourn the meeting at 7:47 p.m. Motion passed unanimously. RESPECTFULLY SUBMITTED. Marlene S. Haptonstall, Park Secretary I I I I I I I I I I I I I I I I I I I REQUEST FOR PERMISSION TO BUILD 6' X 10' BREAKFAST DECK Mr. John C. Grable, Jr. desires to build a 6 I X 10' breakfast deck adjoining his courtyard home in Amesbury West located at 4720 Bayswater Road. A portion of the deck will be on the individual lot owned by Mr. Grable and a portion will be in the common area. No variance is needed to place the deck in the common area. The City of Shorewood has approved the Amesbury (1973) and Amesbury West (19B1) Planned Unit Residential Developments of attached townhomes. These developments have been low density and high quality, maximizing natural amenities and open space. The lot lines for each living unit are set, for the most part, to the exact space occupied by the living unit itself, with the balance of the land owned as common area by all the residents. This planning method has been widely used. There are no lot line setbacks within the development as in normal single family zoning because the I I I I I I I I I I I I I I I I I I I building lots and common areas are platted and approved as part of the PURD. and ability to extend into the common area with portions of the structure, deck, is usually contemplated in these types of developments. The need such as a The covenants of Amesbury and Amesbury West, which were approved by the City of Shorewood as part of the PURD's, have contemplated this reality in granting easements, over every other Lot to areas occupied by fireplaces, roof, overhangs, air conditioning compressors, decks, balconies, flower boxes, use of common utility installations and other appurtenances which are part of the original construction of any living unit on each Lot on which are added pursuant to provisions of Article VII hereof." (Article IX) Approval of such extensions into the common area are commonly reviewed and, approved or denied by the Amesbury and Amesbury West Homes Associations under the Architecture Control provisions of their covenants and deed restrictions. Individual lot setbacks as used elsewhere in the zoning regulations are not applicable in this PURD. This is reinforced by the City of Shorewood PUD ordinance which states in ~1201.25 subd. 1: " . recognIZIng that traditional density, bulk, setbacks, use and subdivision regulations which may be useful in protecting the character of substantially developed areas, may not be appropriate to control development in less developed areas." and; ~]205.25 subd. 1 (j): "To allow variation from provunons of this ordinance, including setbacks, height, lot area, width and depth, yards etc., internally within the project." City staff's interpretation of individual unit lot lines as setback lines in the present case is erroneous and without precedent. Lot lines by definition in the city ordinances are not the same and cannot be equated with setback lines. In the present case extension of a deck from the individual lot to the common area, is permitted without a variance under the applicable ordinances, deed restrictions, PUD and PURD framework and past practice. A]so, construction of the deck as proposed would cause a small portion of the deck to extend into the common area that is in the 50' setback to adjoining property outside the Amesbury West PURD. Please see the following sketch: - 3 - I )1 I ~.. /.P.' o{- I / I, I / I I I I I I I I I I I I I I BENCHMARK=TOP NUT OF HYDRANT AT 5.E. CORNER OF SLK. 9, 976.08 , ~ro1'd7t.. ~ Q.~K-' . . 'Rxhihit B :. t'...:.:~r. -. r~. ..'../1' . ..' .....J ...., ",' .. I".t::; ~~/;...~~~~ ! . 9J.O"'l~'f",",,' ).. ..~. ~~~:.u:fr" _. ..., ,PI i I.: I J~III.t'l ! II ,('I .....~I... I '\l . ,i 11 I. ;...,t.. .~ : V , . I I ;, -I . I Y1 . . t.r~(- ..-n., ='~ .r.. oIi ;.;we-If'""'~ >~ ~ .1 i ......--;.-. I J o,...M....u- I ", 4U'~~'.-'!' . ~ .. . .' ..I - 4 - I I I I I I I I I I I I I I I I I I I fl.", ._ . :.::10 ~ ,.:' ,: ~:s . ,~'\" . ;,~, );. .~~~ ,;,}il'''' Minneto k . '. ..' n a B()~IE;y~rd ~",.'.."N."""" ~ ~~"I .....', .':' ..p ....ark ""i ~.).b" · ' ~:;,i .~ :~. ,,~:" Grable Residence ~ Artist' . s Interpretat Ion of site and land . sea ping. - 5 - I I I I I I I I I I I , I I I I I I I The slight extension of the deck into the 50' perimeter to the adjoining property is permitted. without a variance. under the zoning regulations of the City of Shorewood. Yard requirements ~1201.03 subd. 3 states in (c): "The following shall not be considered encroachments on required yard setbacks for all lots. (3) Terraces, steps, stoops or similar features but not including porches or balconies in front or rear yards. provided thy do not extend above the entrance floor level of the building or more than four and one half feet (4~') into the required yard." The 50' building setback from perimeter property lines has not always been strictly followed in the Amesbury developments. Please see the attached copies of the plats of the Amesbury 5th, 7th and 10th Additions and Amesbury West. Extensions into the building setback line from perimeter property have been regularly approved by the City of Shorewood over the years without the need for a variance (see attached photographs). - 6 - - - - .. - - - - - - - - ..' - - - - - . I -';~-~j 'AMESBURY' _5TH ";:ADDI-TION i I . ~ , ~+"- : ~..'~ ~ . .. '"'.... '"' .S? .::t ~,. r-, ~ \ ")ie' +. .' ...~..., '..:">... Cl ~ ....~ : '1:1::" <I) . "." ;',.::S :'.:: <\l ~ '...:: .:. . ~~ ~~ ;:~: "--:'. !:<.t '" '} ~ :"J, c.... ~".... ~ :'.....: !.:::,. "'l: ~ ~ :'.:.' Jt,_.: ~~~ "':~' .....:. "Si" .:r:::' ~<::i .... .... "'l; '~'.- .,~ -..J '.. "" I -c', -~.~~-:: /'~". /'""", +.' , 0'\ " ~ ..... '. I h) ~';._"-, ," . ~j' ;-~l.\~~ :-, !" ~ ' :;: '.~ ..... -. '., r-. .... !:-:[ .E'.~':; B /F.:{ " . 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()o'(}f- .' ....-..... .. .............~- f ',':, m"l~;;:;, . ~ ~ '''rl1t it". tIJl(~;{'.' 4:;:.\ t::l~i;\\;i' ';;,:;; '::) ~l) . ,,',-''')'' c::i O'\~i\'Y: (,':i',' . Q) t.) : !\~ ~!; \ii';';"'; (J(J ::IS ~ ~ ,\)\ ~ ~% o 5:i ~~ tr) ('J .... :.: ......'. ::~~r,~I,:,~t t1~31J~I:~;'~\'~~~'" j .", ;,' J," ':~l\~~' t:-.:<:;i, ',:: :. \ ,'; ; 'i,,', rHI;';'I;;i\~i, . , \ ' 'f,l. I , ..' 00'95""" o ...-. -. ..::-::\ .00 v.. S/:L2' .... ~'. !>. ~ .f\, ~ [J) . 0\ " ~ ~ 00'95 ....:J~tlJ,l5".,6 '" ' C\I I~ ~ ~ ~ o ~ ~ I 1 >1 o . , \ , ~ - 11 - i1:'rf''::e:;o; I I I I I I I I I I I I I I I I I I I The following pages will show similar extensions in the common area which have been regularly approved and accepted over the past twenty years in Amesbury and Amesbury West. 1. 4905 Regents Walk - fireplace and deck. - -- .... ~ ~ - 12 - I I I I I I I I I I I I I I I I I I I 2. 4961 Kensington Gate - courtyard fence. - 13 - I I I I I I I I I I I I I I I I I I I 3. 4951 Kensington Gate - fireplace, retaining walls. landscaping. - 14 - I I I I I I I I I I I I I I I I I I I 4. 4940 Devonshire Circle - courtyard fence, patio. , . If ...:....~ ,.. .. ... , -4 ...... ~ 4- ..... ,. - 15 - .. .... ....' " ,..,~ '.... ..... ., I I I I I I I I I I I I I I I I I I I 5. 4949 Devonshire Circle - courtyard fence. patio. . 'a' r;, 'il~. . , - .,' '.-;;\ I '~' ....~!. -." . ~ 4. . ...: ,~.r'..' (- ,'Ill! '~, ~ ~r ~', ,". ,t~' 'f.' ~'\.6,,,,," ..~- , ...... ,~. ' , - 16 - I I I I I I I I I I I I I I I I I I I 6. 4979 Devonshire Circle - courtyard fence. 7. 4960 Sussex Place - retaining walls, patio. - 17 - I I I I I I I I I I I I I I I I I I I 8. 4661 Bayswater Road - fireplace. courtyard fence, patio. retaining walls. - - ~ .. 9. 4971 Kensington Gate - courtyard fence, patio. fIIIII" .... - 18 - -- .. . ~, " ... " ...... I I I I I I I I I I I I I I I I I I I 10. 4616 Bayswater Road - courtyard fence. landscaping patio. bay window (also extends into 50' perimeter to adjoining property area). ,:, ." \1. ,If -. ~, ,.,~ " ;:..... ,.. ,., ~ - - .. \ - 19 - I I I I I I I I I I I I I I I I I I I 11. 4616 Bayswater Road - deck. retaining walls (extends into 50' adjoining property) . - 20 - I I I I I I I I I I I I I I I I I I I 12. 4775 Bayswater Road - bay window. '~i. ~~\l/ ---- .IIi. :~. . . ...... .) . ... ..;i. ". .... 'I. "*, ,~ ::=-c::':"~:~~~ . . ....:' -:' 7=b::='i~~ -j(;::;Lt.. ~~. -'~--'-' .--.. . '. -- --~-----.._._~._--- _. ---, - ... -----.---..-.-.- --. ...-.. ---.--....-- --------- . --. -',...- . ,. -...,-.....---.-- ~----. ~--_..- ------------- . . --.. , =-~----_.;.~..-:. ---- -~---_. --'---".'" . -----~.,..,,-_. -----.---..... .--..------... ----.. . -_...- ufj / / " Q/ ':-.. V"<)\..'llLD D/>~":"'~0-- ~< . / V / . L,v,u.., - 1;)".>,,,,,,,, lC:.M " n ....!!l(.;.16~ '.....-, r ^, '~O-rIL~ 'L""ULo. - 'P......,......~. f>....,.,,, 'Po<:>v,. '"'To ~[.. ~f, lie. t: - C'" 11:.0"'" 'Ova.lIC~^#.J"-t' fla,~ A4,. }u~t_II[""'IIi...Arrr.-.,,"--J t.........c.... 'i~" ~~ ~ ~r7ft - 21 - I I I I I I I I I I I I I I I I I I I 13. 4755 Bayswater Road - retaining wall, courtyard fence, bay window, deck. \.. ;.:~~~:~~ ;.:~.o :."" . . ~. ~'l""''''~ F...I;) ".~"..l,..'.>4. """,,"Y~I"'~'''' --_.~_.-- .--- . . ~.'" ~-_..._-._--_.. --'-'~' -.- "--~.. ~---'" .... --~- .. -..--..-----. ---. ~~..c... .;; ll..t'lC.(....e. .9 .t! .~ " ~~--..=.---_. ~~.i::::.'. ~_... ---'.- '. / ~...v..." "':..6~ o r-. -.l ....-:~14...1... ~\"'.H"1'" ~~"A<-L -St..I1..... lo....o..l ':.)4, . .: 1'~~_~1:~.~ '!oo<...:Il'"" 1;'.2" l."~ - v1"Y I o / ( i J .1 ,"" ""~1 , I",~ o \) 't- - 22 - 4755 BAYS WATER ROAD N -., '-. ,"- - ~ - \' ',~ , \. . I -' .., .~~ \'~ :- \\ \' \ \~ \~ \ \ , .......... ............ \y) C. -- ~\ A " I ...J. . 't- '=J " seA I. E: I .= Z 0 C0 . /' VI: " '1 /<> ?C' 3 <- 5'000 9 . " \ ~\ , . -- ' ---' '-Do N ' . ,I N~' -.3.~, .t>., -t>. ~ \ \J-) c:. - t- \) - '"2.. ~ - ,0 c;:, <. "' ... ,.. ... ~ \.D o ..' '. Be.:) .'-: ~ "', ~~,., ).~o ~ ..... '" o 0 ~ ~,. '{'I. , aU' .,'Jo .~ ~ D 3 ~ -- , 10 .....S. ..... -- ~.-:. - 't, '- ",-, ,2),~-, -._ _~_ ..~."'~ ..,.,. .~;~ 'f:,"1""'f ~ .,.....-... ,-,,,............. ....-...-- I I I I I I I I I I I I I I I I I I I 14. 15. 4957 Kensington Gate - courtyard fence. 4730 Bayswater Road - fireplace. bay window. t"~.'...'. ~. -i:. Ii' ~ - 24 - I I I I I I I I I I I I I I I I I I I 16. 17. 4845 Regents Walk - bay window. ". :.-. - -- . --~- -.. - -- .-- ~ ,., 4790 Regents Walk - deck. stairway. - 25 - I I I I I I I I I I I I I I I I I I I 18. 4610 Bayswater Road - fireplace. deck. courtyard fence. patio and bay window. -.. " . - " ...... . 4ft'- .. 1 I, ... :j".C / ... - , " a- I - 26 - I I I I I I I I I I I I I I I I I I I 19. 20. 4930 Sussex Place - bay window. .... 4795 Bayswater Road - deck, fireplace (similar to Mr. Grable). -. ;l; , -: .. .~ ,* ,.. >",.;~...)... ~ " J .' .... - 27 - I I I I I I I I I I I I I I I I I I I 22. 4833 Regents Walk - deck. .~~ ~..... ~ . ~ :..:---~~ ...... -.... ... - 29 - I I 23. 4971 Kensington Gate - deck. ... ~~~ :,to' .. I -- I I I I - 30 - I I I I I I I I I I I I I I I I I I I I 24. 25. 4905 Sussex Place - deck (also extends into 50' adjoining property). .-. --::~.- ..~-..~4C... .~ - -..." ~- . '). .... - '-- 4900 Regents Walk - patio. #.' .f' , - 31 - I I I I I I I I I I I I I I I I I I I 26. 4725 Bayswater Road - deck (similar to Mr. Grable). ".'j .if: , \: \1" , , - 32 - I I I I I I I I I I I I I I I I I I I 27. 4755 Regents Walk - deck (extends into 50' adjoining property). - 33 - I I 28. I I I I I I I I I I I I I I I I I 4925 Sussex Place - deck. ~ .. I,il'.' . "'" A~' / ~,,:.\..;:. \ ~ ' ". I , .' -...~ y ".' i _ . .c.ou,,'y_b t .' ~~.... . , :. ~:J ;.,' /I - 34 - I I I I I I I I I I I I I I I I I I I This last picture is the Grable residence as it is now existing without a deck off the patio door. .....- ~ "- -,c. .. ~ "'^ ~- .... During construction. Mr. Grable changed the windows in the breakfast room to a patio door in order to maximize light, ventilation and view in a small breakfast area. He also hoped to be able to build a small breakfast deck. Since city staff raised a question about the deck. Mr. Grable has met with city staff and tried to follow all proper channels to have his request to build the deck reviewed. The Board of the Amesbury West Homes Association has approved the deck as proposed and fully supports Mr. Grable's request (attached). In summary. we believe city staff's opposition to this deck is arbitrary and not correct in view of the past pattern and practice. codes. covenants and deed restrictions, the PURD and PUD framework and the history of the areas. Mr. Grable's request to build the simple deck is: 1. Reasonable. 2. Permitted without a variance. 3. In keeping with the area. 4. Approved by the Homes Association. 5. Practical in terms of location and floor plan. - 35 -- I I I I I I I I I I I I I I I I I I I Consequently, we request the City Council to direct that the 6' X 10' deck may be built as planned in the common area without the need for a variance, and that the extension of the deck into the common area that lies in the 50' area to the perimeter is also permitted without a variance. Most importantly, however, is the human and practical element, which seems to be missing in the rigid approach to this matter. We respectfully urge the members of the City Council of Shorewood be proponents the more human side of government. Thank you for your consideration. Respectfully submitted, McNULTY CONSTRUCTION MBLE. JR. j(" t'A~~ /' - f) .~ ~ Date . ~'O .'1 {'if':' ~, Date y~~ 3, /195 - 36 - R. L. Jochims 4765 Bayswater Road Shorewood, MN 55331 December 1, 1994 Mr. John Grable 4720 Bayswater Road Shorcwood, MN 5533 I Dear John: This is to confirm that the Amesbury West Homes Association Board of Directors has approved your plan to add a deck. As you know, there are similar decks in both Old Amesbury and Amesbury West. We also feel that the addition of this deck will not only be a benefit to you but will have an aesthetic effect in the whole area. Should you have any questions, please advise. Sincerely, 0~' "/ /..---:...\ , ,'-, ,,- /( ,'// . /' g,~ c: ... . ""'" // R. L. J.<'t.( chims " presideht I I I I I \. ~I I I I I I I I I I I I I I I I I I I DEe 27 '94 04: 15F't'1 I<E\' t'lARI<ETIr'1G P.? John C. Grable, Jr. .720 Sayawater RQad Shorewood, MN 55331 November 1. 1994 City of Shcrewood 5755 r.ountry Club road Shcrewood, MN 55331 Attn: Planning Commission RE: 4720 Bayswater Road Shorewood. MN 55331 To whom It May Concern: The 6' X 10 I deck is a small br~akfast deck similar to others ,in the Arnesbury ana Amesbury West develcpmen ts. Enoroachment into the cOlJunon area of the Ames.bury West Homes Association is permitted as part of the Covenants and Oeed Restrictions, which were adopted as part at the Planned Unit Development. As a ma,tter of law in this instance. a variance lIlay nptbe required. Nevertheless. I believe a hardship daes exist due to being attaohed to another home. .This is my cnl y open side I have for reasonable use. ;:L~,'~J John C, Grable. Jr. JCG/tmm l. Exhibit D APPUCANT'S REOIJBST LpTTeE, Dated 1 November 1994 ,...'" ,:;-