032795 CC Reg AgP
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CJ:TY COUNCJ:L REGULAR MEETJ:NG
CJ:TY OF SBOREWOOD
MONDAY, MARCH 27, 1995
5755 COUNTRY. CLUB ROAD
COUNCJ:L CHAMBERS
7:00 P.M.
Following the regular portion of the meeting, the City Council will adjourn to
Work Session fonnat, then convene into Executive Session to discuss personnel
rratters. No action will be taken at this time.
AGENDA
1 . CONVENE CJ:TY COUNCJ:L MEETJ:NG
A. Roll Call
Mayor Bean
Stover
Benson
Malam
McCarty
B. Review Agenda
2 . APPROVAL OF MJ:NUTES
City Council Regular and Work Session Minutes - March 13,
1995 (Att.-#2 Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent
Agenda tc Adopt Resolutions Therein:
A. A Motion to Adopt a Resolution Approving a Tree Trimmer's
License (Att.-#3A Proposed Resolution)
B. A Motion Approving Purchase of Equipment Replacements:
Walk Behind Mower, Flail Mower, and a Groundsmaster
(Att.-#3B Public Works Director's Memorandum)
C. A Motion to Approve Permanent Appointment - Senior
Accountant, Kathy Hebert
D. A Motion to Adopt a Resolution Approving a Conditional
Use Permit to Construct a Single-family Dwelling on a
Substandard Lot in the Shoreland District (Att.-#3D
Proposed Resolution)
Applicant: John Hannigan
Location: 4370 Enchanted Point
4. MATTERS FROM THE FLOOR (Presentations are limited to 3
minutes. No Council action will be taken.)
5. PLANNJ:NG - Report by Representative
A. A Motion to direct Staff to Prepare Findings of Fact for
a Setback variance (Att.-#5A Planner's Memorandum)
Applicant: John Grable
Location: 4720 Bayswater Rd
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CJ:TY COUN'CJ:L AGENDA - MARCH 27, 1995
Page 2 of 3
B. A Motion Approving the Site Plan for the First State Bank
of Excelsior (Att.-#5B Planner's Memorandum)
Applicant: TSP/EOS Architects &
First State Bank of Excelsior
Location: 19765 State Highway 7
C. A Motion to Direct Staff to Prepare Findings of Fact
Regarding a Setback Variance and a Variance to Expand a
Nonconforming Structure (Att.-#5C1 Planner's Memorandum-1
Feb.; #5C2 Planner's Memorandum-28 Feb.)
Applicant: Richard Kowalsky
Location: 5740 Christmas Lake Point
D. A Motion to Direct Staff to Prepare Findings of Fact
Regarding a C.U.P. for a Senior Community Center (Att.-
#5D1 Planner Memorandum)
Applicant: City of Shorewood
Location: 5745 Country Club Road
E. A Motion to Direct Staff to Prepare a Findings of Fact
Regarding a C.U.P./P.U.D. for Shared Driveway Accesses
and Hardcover Ratios (Att.-#5E Planner's Memorandum)
Applicant: Corky Elsen
Location: 5290 & 5300 Howards Point Road
F. A Motion to Adopt an Amendment to Zoning Code Regulating
Swimming Pool Fence Enclosures (Att.-#5F1 Planner's
Memorandum; #5F2 Proposed Ordinance)
G. Consideration of a Resolution Adopting Comprehensive Plan
Amendments on an Interim Basis (Att.-#5G Proposed
Resolution)
H. A Motion to Adopt an Amendment to the Flood Plain
Regulations - Chapter 1101 of the City Code (Att.-#5H1
Planner's Memorandum; #5H2 Proposed Ordinance)
6 . CONSJ:DERATJ:ON OF ADOPTJ:ON OF A RESOLUTJ:ON ESTABLJ:SHJ:NG
A TASK FORCE TO RESEARCH WATERMA.iN ASSESSMENTS (At t . - # 6
Proposed Resolution)
7 . CONSiDERATiON OF A RESOLUTiON ORDERiNG PREPARATiON OF
A FEASiBJ:LiTY REPORT FOR WEST END WATER iMPROVEMENTS
(Att.-#7 Proposed Resolution)
8 . DiSCUSSiON OF POLiCY iSSUES
Closure to Sump Pump Program
9. LMCD - Report by Representative Bob Rascop
10. ADMiNiSTRATOR &: STAFF REPORTS
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CITY COUNCIL AGENDA - MARCH 27, 1995
Page 3 of 3
11 . KAYOR &: CITY COUNCIL REPORTS
12. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF
CLAIMS (Att.-#12)
WORK SESSION
1 . DISCUSSION ON WATER POLICY ISSt1ES
2 . ADJOURNMENT TO EXECUTIVE SESSION
EXECUTIVE SESSION
1 . DISCUSSION OF PERSONNEL MATTERS
2 . ADJOURNMENT
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CITY OF
SHOREWOOD
MAYOR
Robert Bean
COUNCIL
Kristi Stover
Bruce Benson
Jennifer McCarty
Doug Malam
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL MEETING
MONDAY, MARCH 27, 1995
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Aaenda Item #3A: This resolution approves a 1995 tree
trimmers license for Woodsman Tree Service, Wayzata,
Minnesota.
Aaenda Item #3B: These three items are budgeted for in the
equipment replacement schedule in our Capital Improvement
Program. They are within budget. The motion would be to
approve the purchases as recommended in the Public Works
Director's memorandum.
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Aaenda Item #3C: The Finance Department employee, Kathy
Hebert, has completed her probationary period on March 19,
1995. She has received a very good review from Finance
Director Al Rolek, and is recommended to be appointed as' a
permanent employee. The motion therefore is to approve the
permanent appointment of Kathy Hebert as Senior Accountant.
Aaenda Item #3D: Mr. John Hannigan proposes to build a new
home on the property located at 4370 Enchanted Point. Since
the lot is substandard in terms of lot area, a conditional
use permit is required. Mr. Hannigan's plans comply with the
requirements of the Zoning Ordinance. Staff and the Planning
Commission recommend approval. Council approval requires a
four-fifths vote.
Aaenda Item #5A: Research on a setback variance for John
Grable 'has not been completed. Staff requests that the
matter be continued to the 24 April Council meeting.
A Residential Community on Lake Minnetonka's South Shore
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city council Agenda March 27, 1995
Page 2
Aaenda Item #5B: Staff and the Planning Commission recommend
approval of the site plan for a new bank building proposed by
the First State Bank of Excelsior. The building will be
located on Waterford commercial property at 19765 State
Highway 7. A recommendation to add more landscaping has
already been complied with by the applicant's architect.
Aaenda Item #5C: Richard Kowalsky has requested variances to
build a detached garage and add on to a nonconforming single-
family dwelling at 5740 Christmas Lake Point. The lot is
quite substandard for the shoreland district in which it is
located and any work on the property requires some sort of
variance. The staff and Planning Commission recommend
approval of the variances subject to several conditions.
Approval by the Council requires a four-fifths vote.
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Aaenda Item #5D: Staff and the Planning Commission recommend
approval of a conditional use permit to build a senior
community center in the northeast corner of the Badger Field
property. An alternative site plan which placed the facility
in the center of the site was reviewed at a joint meeting of
the Planning and Park Commissions. The concensus of both
groups was that the original site plan should be approved.
Approval by the City Council requires a four-fifths vote.
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Aaenda Item #5E: Mr. Corky Elsen constructed additional
driveway and hardcover surfaces on his property at 5290
Howard's Point, contrary to his approved building permit and
in violation of Shorewood zoning requirements. Despite
having signed an escrow agreement ensuring that the
violations would be corrected, Mr. Elsen requests approval to
leave the driveway as built. Since the situation does not
warrant a variance, the Planning Director suggested a minor
P.U.D. as one means to resolve the problem. The Planning
Commission voted unanimously to deny the concept and
recommends that the violation be corrected.
Aaenda Item #5F: After months of study the Planning
Commission recommends that the City adopt an amendment to the
City Code which would require nonconforming swimming pool
fences to be brought into conformity with zoning requirements
at the time the property changes ownership. Approval of this
ordinance requires a four-fifths vote of the City Council.
Aaenda Item #5G: The Planning Commission recommends that the
City Council adopt the 1995 Comprehensive Plan Update,
subject to revision, on an interim basis pending approval by
the Metropolitan Council.
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City Council Agenda March 27, 1995
Page 3
Aaenda Item #5H: Last year the City adopted an updated Flood
Plain Ordinance subject to review and approval by the
Minnesota Department of Natural Resources. Since then, the
DNR has suggested several technical changes. Modifications
have been shown with strikeouts and italics. The Planning
Commission recommends approval of the revised Ordinance.
Aaenda Item #6: The enclosed resolution was prepared under
the guidance of the Mayor Bob Bean. It establishes
parameters for a special task force to advise the City
Council on watermain assessments. Actual appointments would
have to be made by separate resolution.
Aaenda Item #7: With the updated language in the
Comprehensive Plan, an appropriate action at this time would
be to adopt a resolution ordering the Engineer to prepare a
feasibility report on the proposed water tower on the west
end of the City. Although at this point in time the petition
received from the developer of Heritage has been determined
to be not a valid petition, the City Council may wish to
authorize a feasibility report for extending watermain to the
Heritage project. Please review the Engineer's memorandum
enclosed in the packet. Also enclosed is a copy of the City
of Shorewood's public improvement process for special
assessment projects taken out of the CIP document. We are
currently at the very first City Council decision stage.
Aaenda Item #8: Enclosed in the packet please find a draft
letter to 11 property owners who have not to date had their
property inspected for sump pump violations. The City has
been very lenient to date, which has been the wishes of the
Council. But because the program has ended about a year ago,
it is time to bring it to a close. The letters will be sent
out following City Council concurrence.
Following the regular portion of the agenda, the Council will
meet in work session format. Enclosed is a list of policy
qu~stions for the City Council to consider relating to
implementing the water system section of the Comprehensive
Plan.
Following this discussion, the City Council will meet in
Executive Session for a short period to talk to the Mayor
about pending negotiations regarding the Police Chief and
Lieutenant's employment contracts.
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, MARCH 13, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Bean called the meeting to order at 7:05 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, Malam, and McCarty; AdministratorHurm,
City Engineer Dresel, Public Works Director Zdrazil, Acting City Attorney Martin,
and Planning Director Nielsen.
Councilmember Stover.
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Absent:
B.
Review Agenda
Malam moved, . Benson seconded to approve the agenda for March 13, 1995.
Motion passed 4/0.
2. APPROVAL OF MINUTES
City Council Regular Minutes - February 27, 1995
McCarty moved, Malam seconded to approve the City Council Regular Meeting
Minutes of February 27, 1995, with a correction on page 3, line 7: change 4 to 1
to 3 to 1. Motion passed 3/0. Benson abstained. (Correction underlined.)
3. CONSENT AGENDA
. Mayor Bean read the Consent Agenda for March 13, 1995.
McCarty moved, Benson seconded to approve the Motions on the Consent Agenda
and to adopt the Resolution therein:
A. Motion to Set Spring Clean Up for May 20, 1995 and Authorize Execution
of Service Agreements.
B. RESOLUTION NO. 95-18, "A Resolution Making Appointments to the Shorewood Park
Foundation Board of Directors. Don Kelly, David Steinkamp, Charlie Cox.
C. Motion to Approve the Bid Results and to Authorize Purchase of a 1995 Dump Truck Cab
and Chassis from Lakeland Ford in the amount of $14,843.00.
Motion passed 4/0.
4. MATTERS FROM THE FLOOR
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REGULAR CITY COUNCIL MINUTES
March 13, 1995 . PAGE 2
George Harrison, 24710 Amlee Road, expressed thanks to the people who
responded to a recent water problem at his residence. He reported that after the recent
snowfall, 3 snowmobilers passed his home after 11 p.m. and one turned around on his portion of
the wetland area. Harrison stated the trail is not being monitored by the snowmobilers' association
and he strongly urged the City to consider eliminating snowmobiles from that part of the trail
system for safety reasons.
5 . PARKS . Report by Representative
A. Report on February 28 Park Commission Meeting
Commissioner Wilson introduced Commissioner Trettel, Chair of the Parks
Festival Committee, who reviewed the activities planned at Freeman Park on May
20, 1995.
Wilson reviewed the discussions and actions taken by the Commission at its
February 28 meeting (detailed in minutes of that meeting). The Commission took
unanimous action to recommend that the Council allow recreational snowmobile use on public e
property within the community. The Commission recommended 3 persons for appointment to the
Park Foundation. The Commission agreed to consider an alternate site configuration for the
proposed Senior Community Center at Badger Park and agreed to formally publicize Park
vandalism and related repair/replacement costs.
B. Consideration of Request by Little League to Provide Improvements in Freeman Park
Commissioner Wilson reviewed the South Tonka Little League's request to make improvements, at
the League's expense, at Freeman Park, including installation of: 1) aluminum bleachers at Fields 2
& 3; 2) cement slabs at Fields 1,2, & 3; 3) fence at Field 1 players' benches; 4) a pay phone; 5)
raise a Field 3 fence; and 6) build a utility building by Field 3. Installation and monthly charges
for the pay phone will also be paid for by the Little League. The Commission unanimously
recommends acceptance of the proposed improvements and requested the cooperation of Public
Works to assist with machinery or digging that may be necessary.
Mayor Bean inquired whether the improvements require Planning review. Nielsen stated he is e.
familiar with the projects none of which require formal review. It was requested that legal
clarification of ownership and adequate fmancing of the improvements be documented
appropriately. McCarty expressed appreciation to the South Tonka Little League for its generous
improvements to Freeman Park.
McCarty moved, Malam seconded to accept the improvements to Freeman Park
proposed by the South Tonka Little League with the understanding that Public
Works will dig the footings for the cement slabs. Motion passed 4/0.
6. PLANNING. Report by Representative
Commissioner Pisula reviewed the actions taken and recommendations made at the Planning
Commission's March 7 meeting (detailed in the minutes of that meeting).
Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit to
Construct a Single-Family Dwelling on a Substandard Lot in the Shoreland District. Applicant:
John Hannigan. Location: 4370 Enchanted Point.
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REGULAR CITY COUNCIL MINUTES
March 13, 1995 - PAGE 3
Nielsen reviewed the applicant's request for a C.D.P. to build a single-family residence on a
substandard shoreland lot at 4370 Enchanted Point (detailed in Nielsen's 02-05-95 memorandum).
The applicant's request is consistent with the Zoning Code, therefore approval is recommended.
The applicant was not present at this meeting. Benson noted that although the subject property is
unusual in shape, no variances are required because the applicant proposes to build a house to fit
the lot.
McCarty moved, Malam seconded to direct the staff to prepare findings of fact
approving a conditional use permit for John Hannigan to construct a single-family
dwelling on a substandard lot, at 4370 Enchanted Point, in the Shoreland District.
Motion passed 4/0.
7. MOTION TO SET A PUBLIC HEARING FOR APRIL 24, 1995 AT 7:30
P.M. TO CONSIDER VACATING PART OF SUMMIT AVENUE
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Benson moved, McCarty seconded to set a Public Hearing at 7:30 p.m., April 24,
1995, to consider vacating part of Summit A venue. Motion passed 4/0.
8. CONSIDERATION OF AN ORDINANCE ESTABLISHING A PERMIT
SYSTEM FOR OCCASIONAL OUTDOOR SALES FOR CHARITABLE
ORGANIZATIONS
Nielsen stated the American Legion Auxiliary requested permission to conduct an annual plant sale
during the last weekend of April and during weekends in May 1995 (detailed in his 3-10-95
memorandum). He explained that Chapter 308, Section 308.02 Subd.5 and Section 308.03 of the
City Code provide for administration of such a request. Section 308.05 allows the City to waive
the $50 fee for charitable organizations. Nielsen recommended that rather than create a new
ordinance, the City apply this Chapter of the Code to accommodate this request. The Code
provides that the City Administrator may approve a license. The Council may wish to consider
waiving the 1995 license fee for the Legion; and on a case by case basis in the future.
Following discussion, the Council agreed that the characteristics of the Legion's activities related to
this request and its history of charitable donations throughout the City qualify for administration
. under Chapter 308 of the Code and for waiver of the 1995 license fee.
Benson moved, McCarty seconded to waive the $50 license fee for the American
Legion Auxiliary plant sale during the last weekend of April and weekends in
May, 1995. Motion passed 4/0.
9. CONSIDERATION OF A MOTION AUTHORIZING ADDITIONAL SOIL
BORINGS AT BADGER PARK
Nielsen explained the request of TSP/EOS Architects and Engineers for authorization of funds to
conduct additional soil borings to evaluate the possibility of locating the proposed South Shore
Community Center on an alternative site in the City HallIBadger Park property (detailed in
TSP/EOS 03-09-95 memorandum). Nielsen reported the Planning Commission recommends
Council approval of the original C.D.P. request. Both the Park and Planning Commissions
remain open to consideration of the alternative site. The depth of pilings required for the
foundation system is important because the cost of locating the building on the alternative site
versus the present site is equal up to a piling depth of 30'. Beyond 30', the cost increases
incrementally. Additional testing will cost $2500-$2700.
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REGULAR CITY COUNCIL MINUTES
March 13, 1995 - PAGE 4
Hurm explained the basis for additional testing is to select the best location for the Center to create
a campus-like design for the entire property and its components. He pointed out that additional
costs would result if the Center is re-Iocated on the property.
During Council discussion, Mayor Bean related the consensus opinion of the cities participating in
the Center's construction, i.e., only previously committed funds will be available from those cities.
McCarty questioned the desirability of spending additional funds because it is known that the soil
conditions on the property are very poor given the types of materials that have been deposited
beneath the surface. While it was noted that TSP/EOS will contribute additional architectural work
required, concern was expressed as to who would bear the cost of additional borings and
additional costs related to the alternative site such as for landscaping.
Mr. Robert Gagne, Chair of the Senior Community Center Task Force, stated the recommendation
of the Task Force is that money should not be spent on additional testing and that the original site
for the Center in the northwest comer of the property is acceptable. He explained that TSP/EOS
initiated the alternative site.
Malam stated funding for programs at the Center is more important than spending funds. for testing .
that has a questionable outcome. Benson suggested that the Park and Planning Commissions
study the feasibility of the alternate site. and a possible reconfiguration on the property, prepare a
recommendation for the Council.
A joint meeting of the Park and Planning Commissions was tentatively set for Tuesday, March 2 I ,
to consider an overview of a reconfiguration of the property.
10. CONSIDERATION OF A BID AND AUTHORIZATION TO PURCHASE
1995 RUBBER TIRE LOADER
Zdrazil recommended purchase of a rubber tire tool carrier and attachments from Ziegler, Inc. The
Company's bid of $92,852 is significantly below the capital improvement budget amount of
$109,881. The equipment meets or exceeds all specifications and is considered the best overall
long-term investment of City funds.
Benson moved, Malam seconded to authorize purchase of a Caterpillar Model .
IT28F Wheel Loader and to award the bid to Ziegler, Inc. in the amount 0 f
$92,852.00 plus tax for the Public Works Department of the City of Shorewood.
Motion passed 4/0.
Following the Council's action, a representative from St. Joseph Equipment Company, requested
an explanation of why the Company's bid for a Case Model tool carrierlloader, which was lower
than that awarded, was not accepted. Zdrazil stated the Case Model did not meet specifications.
He detailed the deficient specifications of the Case equipment.
11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING
APPOINTMENTS TO THE PLANNING COMMISSION
Mayor Bean stated the Council completed its interviews of candidates for two open positions on
the Planning Commission created by the election of Robert Bean as Mayor and Douglas Malam as
Councilmember.
Malam moved, McCarty seconded to adopt RESOLUTION NO. 95-19, "A
Resolution Making Appointments to the Shorewood Planning Commission."
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REGULAR CITY COUNCIL MINUTES
March 13, 1995 - PAGE 5
Motion passed 4/0. Christine Lezee to fill a yacancy expiring December 1996. Virginia
Kolstad to fill a vacancy expiring December 1995.
12. DISCUSSION OF POLICY ISSUES - None.
13. LMCD - Report by Representative Bob Rascop
Mr. Robert Rascop,LMCD member representing Shorewood, updated the Council on current
LMCD projects and announced that Mr. Gene Strommen, LMCD Executive Director, resigned
recently and accepted a position with the Minnetonka Watershed District.
14. ADMINISTRATOR AND STAFF REPORTS
A. Engineer's Report on Water System Analysis
Dresel explained that the water system analysis is being conducted in three phases: input of the
existing system data, perform functions to purify the data, and conduct selected pressure line
testing this spring. It is expected that the resulting model will aid in analyzing the existing water
system. Dresel commented on recent water runoff in the City caused by unusual weather
conditions and frozen culverts. He reported that no structural damage has occurred and that
continuing warm weather is expected to resolve the problems.
B . Letter on Rescue Squad - Excelsior Fire Department
Hurm referred to the March 6, 1995 letter from the City of Excelsior informing Shorewood of the
availability of a used 1990 rescue squad for purchase by the Excelsior Fire Department. The
Department's vehicle replacement budget, previously approved by the contract Cities, scheduled
replacement of a fIre truck in 1995 and a rescue squad in 1996. However, it is proposed that if the
Department is awarded the bid for the rescue squad that unit be purchased in 1995 to take
advantage of an excellent purchase at substantial savings and that a new fIre truck be purchased in
1996.
15. MAYOR AND COUNCIL MEMBER REPORTS
The Councilmembers expressed disappointment that the City of Chanhassen failed to honor the
"gentlemen's" agreement related to its contribution to the Southshore Senior Community Center.
A small parcel of Shorewood property had been annexed to that City to make it eligible for CDBG
funds that would, in part, be contributed more generously to the Southshore Senior Community
Center. It was agreed that a letter be sent to Chanhassen requesting re-consideration of its
allocation of CDBG funds to include an additional contribution to the Center.
Mayor Bean and Hurm updated the Council on the status of the City's fmancing plans for the
proposed Senior Community Center.
16. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF
CLAIMS
Benson moved, McCarty seconded to adjourn the City Council meeting at 8: 45
p.m. to a work session format, subject to approval of claims. Motion passed 4/0.
During its Work Session, the Council and staff discussed revisions to the Comprehensive Plan and
changes to the Capital Improvement Program. No formal action was taken.
REGULAR CITY COUNCIL .MINUTES
March 13, 1995 - PAGE 6
RESPECTFULL Y SUBMITTED,
Arlene H. Bergfalk, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
ROBERT B. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
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CITY OF SHOREWOOD
COUNCIL WORK SESSION
MONDAY, MARCH 13, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
8:55 P.M.
MINUTES
WORK SESSION
Mayor Bean convened the work session at 8:55 p.m.
Present:
Mayor Bean; Councilmembers Benson, Malam, and McCarty; City Administrator
Hurm, City Engineer Dresel, Acting City Attorney Martin, and Planning Director
Nielsen.
.
Absent:
Councilmember Stover.
1. DISCUSSION ON RECOMMENDED REVISIONS TO THE
COMPREHENSIVE PLAN
Mayor Bean directed the Council's attention to Nielsen's 3-10-95 memorandum outlining the
recommended revisions to the Comprehensive Plan update resulting from public comments. The
Council accepted the recommended revisions. In addition, the Council and staff discussed at
length the snowmobile issue and considered revisions to the statement on the matter currently
written in the Plan update. Subsequently, the Council agreed to retain the existing language in the
Transportation Chapter of the Comprehensive Plan update regarding snowmobiles which states:
"Consideration should be given to prohibiting their use on public property within the Community."
Nielsen stated the updated Comprehensive Plan will be presented to the Council at it's March 27
meeting for adoption on an interim basis. It is anticipated that a fmal document, with appendix
chapters, will be available for submission to the Metropolitan Council in June, 1995.
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2. DISCUSSION ON CHANGES TO THE CAPITAL IMPROVEMENT
PROGRAM
Nielsen, Hunn and Dresel presented four basic policy questions related to the Community
Facilities/Services Chapter of the updated Comprehensive Plan. Specifically, the questions
concerned the Capital Improvement Program and basic concepts of the 10-year plan to accomplish
the goal to provide City water service to the entire community.
The Council and staff discussed, at length, the policy questions, the status of pending
developments in Shorewood as they relate to the water issue, proposed fmancing methods
including assessment policies, and related street reconstruction issues.
The Council reaffIrmed its commitment to the 10-year water plan for City water service, provided
general direction to the staff to further defme the plan, and agreed to create a citizen task force to
provide assistance in developing an equitable assessment policy.
3. ADJOURN
CITY COUNCIL WORK SESSION MINUTES
March 13, 1995 - PAGE 2
Benson moved, McCarty seconded to adjourn the work session at 10:40 p.m.
Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
ROBERT B. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
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C:rTY OF SHOREWOOD
RESOLUT:rON NO. 95 - _
A RESOLUT:rON APPROV:rNG A L:rCENSE FOR A TREE TR:rMMER
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 applicant has satisfactorily
completed this process and has submitted the requirements for the
issuance of a License for Tree Trimmers.
NOW, THEREFORE BE :rT 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
applicant:
Permit #
Firm Name
Address
95-019
Woodsman Tree Service
P.O. Box 714
Wayzata, MN 55391
ADOPTED by the City Council of the City of Shorewood
this 27th day of March, 1995.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
4F3A
From: \Voodsman Tret: :)I::nicc
P.O. Box 714
Wavlata. ~\iE"; .5539l
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03;01/95
To: City of Shore\vnod
5755 Country Club Road
Shorewood. \N 55331
.\ttn: .umc P. Latter. D;;;puty Ckrk
Re: City License Application, Tree Tri."!1!llers
r in the interest of above said cempany, '"'loads man Tree ~~<:l"'il.:C:. h'1tc.:nd on conducting
my busin~ss in the boundarit:s of ihe City of ShOf.z\',ooJ. I 'viii he trimming and removing
trees. "lump grinding, ,md wi1l include ~l(rn-..:hemic:lI sef\.ices only. I hereby have
.;nclos\:J my ~cnili\.:ate of lll:>Unm(c {to be ti~"l;;d by A.ppollo Immrance Co.) and the license
ke of S30. nn. I hereby und':f';t:md this licert'5c e~:.pires D~:cemhcr 31. 1995, at w'hich
time I ~vill submit a letter \)1' ii1tem , iii;)urJn~;;;. .mJ u-.;;;;ns,,; t~c tOr the nc;~.- y;;ar.
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z~ G;;;~~
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MAYOR
Robert Bean
CITY OF
SHOREWOOD
COUNCIL
Kristi Slover
Bruce Benson
Jennifer McCarty
Doug Malam
5755 COUNTRY CLUB ROAD · SHOREWOOcr.- MINNESOTA 55331-8927 . (612) 474-3236
To:
James C. Hurm, City Administrator
From:
Don Zdrazil, Public Works Director
Date:
March 23, 1995
Re:
Equipment Replacement
.
Quotes on Walk Behind Mower, Flail Mower Attachment for
existing tractor and Groundsmaster are as follows:
Commercial Walk Behind Mower - Budaet $3.500.00
Long Lake Power
Snapper with 48" Deck
$3,100.00
Wayzata Lawn Mower Co.
Toro with 44" Deck
$2,360.00
Flail Mower - Budaet $9.300.00
Trade in sickle bar mower and snowblower.
.
Long Lake Tractor & Equipment
$9,264.00 includes
sales tax
Lano Equipment
$10,171.64 plus sales
tax
Carlson Tractor
$9,653.16 plus sales
tax
Toro Groundsmaster - Budaet $18.779.00
Wayzata Lawn Mower Co.
Less Trade In
Cost
$15,691.00
(3.150.00)
$12,541. 00
M.T.I. Distributing
Less Trade In
Cost
$14,264.00
(3.500.00)
$10,764.00
A Residential Community on Lake Minnetonka's South Shore
~?J~
It was discussed that the Minnetrista Lions Club would like
to purchase the trade-in for $3,500.00 plus sales tax to
cover Shorewood's added cost of tax on the new machine. We
are currently holding a check for $500.00 from the Lions Club
provided in good faith.
Propose a motion approving purchase of: the Walk
Behind Hower from Wayzata Lawn Hower Co. for
$2,360.00; Flail Hower from Long Lake Tractor &:
Equipment for $9,264.00; Toro Groundsmaster from
H.T.J:. Distributing for $14,264.00; and authorizing to
sell the old Groundsmaster unit to Hinnetrista Lions
Club for $3,500.00 plus sales tax.
DZ/rnsh
.
.
CITY OF
SHOREWOOD
MAYOR
Robert Bean
COUNCIL
Kristi Slover
Bruce Benson
Jennifer McCarty
Doug Malam
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236
MEMO
TO:
FROM:
DATE:
RE:
Mayor and Councilmembers
AI Rolek (l/~
March 22, 1995
Permanent appointment of Kathleen Hebert
.
Kathleen Hebert completed her six month probationary period on March 19. Kathy
assumed the position of Senior Accounting Clerk in September, 1994. In her first six
months, Kathy has shown a great aptitude for the required tasks. She has picked up on all
aspects of the position quickly, and has performed at an excellent level. She also relates
well to others, and fits in with the others in the office. I fully expect that Kathy will
continue to do an excellent job and be a great asset to the City.
I, therefore, recommend the permanent appointment of Kathy to the Senior Accounting
Clerk position, and further recommend increasing her salary from Step 1 to the Step 2
level.
Should you have any questions relative to this matter, please call me at your convenience.
.
A Residential Community on Lake Minnetonka's South Shore
)
-.t 3 c...
....,..
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDmONAL USE PERMIT
TO BUILD ON A SUBSTANDARD LOT
TO JOHN HANNIGAN
WHEREAS, JOHN HANNIGAN (Applicant) is the owner of real property located at 4370
Enchanted Point, in the City of Shorewood, County of Hennepin, legally described as:
"Lot 2, Block 2, Enchanted Park"; and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the
construction of a single-family home on the property; and
WHEREAS, the property does not conform to the lot area requirements of the R-l CIS,
Single-Family ResidentiallShoreland zoning district in which it is located; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit to build on a
substandard lot; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
5 February 1995, which memorandum is on flie at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 7 February 1995, the minutes of
which meeting are on ftle at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 13 February 1995, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
FINDINGS OF FACT
1 . . That the lot is under separate ownership from adjoining properties.
2. That the lot contains 18,000 square feet of area, is 155 feet wide at the building
line, and meets at least 70 percent of the required lot area for the R-ICIS zoning district.
3 . That the proposed improvements to the lot comply with the setback requirements of
the R -1 CIS zoning district.
4. That the proposed improvements to the property amount to 17 percent lot coverage,
whereas 25 percent lot coverage is allowed.
,~r"
. .
.
.
CONCLUSION
1. That the application of John Hannigan for a Conditional Use Permit as set forth
hereinabove be and hereby is granted.
2. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of
Titles. .
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 27th day of March. 1995.
ATTEST:
James C. Hurm
City Administrator/Clerk
- 2-
Robert B. Bean. Mayor
. MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.
CITY OF
SHOREWOOD
MAYOR
Robert Bean
COUNCIL
Kristi Stover
Bruce Benson
Jennifer McCarty
Doug Malam
5755 COUNTRY CLUB ROAD- SHOREWOOD, MINNESOTA 55331.8927 - (612) 474.3236
Mayor and City Council
Brad Nielsen
23 March 1995
Grable, John - Setback Variance
405 (94.27)
Mr. Grable's request was tabled to the 27 March Council meeting, pending research of
alleged zoning violations in the Amesbury West P.D.D. Although our work to date does
not support these allegations, a final report has not been completed. It is therefore
. requested that this matter be continued to the 24 April Council meeting.
If you have any questions relative to this matter, please do not hesitate to contact me.
cc: Jim Hurm
Jim McNulty
John Grable
:t 5: k#
A Residential Community on Lake Minnetonka's South Shore
,"
~
MAYOR
Robert Bean
COUNCIL
Kristi Slover
Bruce Benson
Jennifer McCarty
Doug Malam
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO:
FROM:
DA1E:
. RE:
Planning Commission, Mayor and City Council
Brad Nielsen
28 February 1995
First State Bank of Excelsior - Site Plan Review
FILE NO.:
405 (95.06)
BACKGROUND
TSP/EOS Architects, representing the First State Bank. of Excelsior, has submitted plans for a
new bank facility to be located at 19765 State Highway 7 (see Site Location map - Exhibit A,
attached). The subject site is part of the Waterford commercial development and is located
immediately east of the Waterford Shopping Center.
A complete description of the proposed facility is included in a narrative provided by the
architect (see Exhibit B). Plans for the project are attached as Exhibits C through I.
ANAL YSISIRECOMMENDATION
.
The Bank's plans are subject to the requirements of Shorewood's Zoning Code and the
Waterford P.U.D. Development Agreement. Following is how the proposal conforms to City
requirements:
A. Use. The approval of the Waterford P.U.D. specifically included a bank. site. The two
sites remaining have been approved for an office building and a day care facility.
As explained in Exhibit B, the Bank. proposes to lease approximately 5056 square feet of
the upper level as office space until such time as they grow into the space. This
arrangement was considered earlier this year by the City Council and determined to be
acceptable.
B. Site Plan (see Exhibit C)
1 . Building setbacks are as follows:
Required
Front: 50'
Side: 10'
Rear: 50'
Proposed
108'
16' /30'
117'
A Residential Community on Lake Minnetonka's South Shore
.56
,
Re: First State Bank of Excelsior
Site Plan Review
28 February 1995
2. Parking setbacks are as follows:
Required
Front: 20'
Side: 5'
Rear: 50'
Proposed
20'
5'/10'
50'
3 . Based on the size of the proposed building, it is required to have 86 parking spaces.
The site plan proposes exactly that number. It should be noted that the size of the
proposed parking spaces is 9' x 18'. The Zoning Code requires parking spaces to be
9' x 20', but provides a two-foot overhang allowance.
4. Site access and circulation. The site shares a two-way access drive on the west side
of the site with the shopping center next door. A one-way exit is provided leading
out of the drive-up lanes. Small directional signs should be required to prevent traffic
from entering through the easterly driveway.
A future driveway has been provided in the southeast comer of the site to provide
cross access to the proposed office building site to the east.
C. Landscapin~ (see Exhibit E). Proposed landscaping is considered to be minimal. The
following is recommended.
.
1 . Maple trees adjacent to the entry drives should be increased to 5 inch caliper per the
Waterford Development Agreement.
2. Additional evergreen shrubs should be provided along the earth berm in front of the
site.
3 . At least five more evergreen trees should be provided at the rear of the site.
D. Li~htin~ is described in Exhibit B and is consistent with the site lighting installed for the
shopping center.
.
E. Building Plans (see Exhibits F - 1). The proposed building is consistent with previously
approved plans, which required a residential character. The Waterford Development
Agreement allows the commercial buildings to be 2-3 stories in height (two stories is
proposed). Roof-top mechanical equipment is quite limited and is set into the roof on the
rear side of the building.
The plans submitted are consistent with the Shorewood Zoning Code and previous approvals
for the Waterford P.D.D. Approval is recommended subject to the applicant providing a
revised landscape plan which addresses the suggestions herein.
cc: Jim Hurm
Joel Dresel
Tim Keane
Don Senn
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Exhibit A
SITE LOCATION
First State Bank of Excelsior
IIEOS
Architects and Engineers
Offices in Rochester
and Minneapolis, MN
TSPIEOS
21 Water Street
Excelsior. MN 55331
EA...X (6] 2) 474-3928
TEL (6]2) 47~329]
.
Member of TSP Group:
Rochester. MN
Minneapolis. MN
Denver. CO
GiIlelle. V\'Y
Rapid City. SD
Sheridan, v.,ry
Sioux Falls. SD
MarshaIltown. ]A
.
An Equal Opportunity,
Affirmative Action
Employer
February 3, 1995
FlI'st Bank Shorewood
Shorewood, Minnesota
TSP/Eos #94706
RE:
GENERAL PROJECT DESCRIPTION
The New FlI'st State Bank of Excelsior consists of 19,746 gross square footage on two
levels. Initially the banking function will occupy approximately 14,690 gross square
feet with tenant space available for rental lease of approximately 5,056 gross square
feet. It is anticipated that as bank growth dictates the banking functions would
eventually occupy the lease space at some point in the future. This concept allows
opportunity for growth without extensive future building modifications.
The total on-site parking spaces provided is 86 with general parking spaces sized at 9 x
18. The parking is generally divided into two areas with public parking north of the
building and employee tenant parking at the rear of the building. Parking for the
physically impaired is provided adjacent to the main entry in compliance with ADA
regulations for size and count. All parking areas and drive lanes will be bituminous
surfaced with concrete curbs and gutter. The seven (7) drive-up teller lanes will be
concrete below the building mass to facilitate vehicle maneuvering.
A trash enclosure adjacent to the drive-up area constructed of the same materials as the
primary structure will be provided where indicated on the plan.
Site lighting will be similar to the fixtures utilized at the adjacent commercial area to
afford some consistency to the site development in total. Levels of illumination are as
indicated on the attached schematic plan for fixtures placed. Lighting poles will be
20' -0" high and lamped with 250W Hps. Wall mounted fixtures with high "cut-off"
will be utilized to illuminate the building face as well as under canopy lighting.
Landscape features and planting are as indicated on the landscape schedule and plan.
It is anticipated that a low berm will be constructed at the front portion of the site
between the parking and adjacent frontage road. Minimal grading at the south property
edge is anticipated due to the on-site holding pond at the southeast property corner.
4;'
Sewer, water, gas, electric and on-site storm drainage are all available to the site. A
copy of the survey prepared for the site is attached. The extimated useage for purposes
of water and sewer loads is presently assumed to be 88 gallons per minute with total
fixture unit count of 124.
Soil borings and testing were performed on-site which indicate soils compatible c,with
the proposed construction. No evidence of contaminants was disCovered as a result of
these investigations. Much of the superficial soils appear to be engideered tip placed
by previous grading operations. The top soil has been "stripped" and .!.tock piled east of
the site. We assume the newly constructed landscape features will access ancfutilize
top soil from that stock pile.
. ~ ~:--.:-
f~: ~~~ ., .: :.iA-.,...;.J,....
The parcel of land under consideration for construction contains 69,010 square feet
(1.584 acres) and is described as Lot I, Block 1 Waterford 7th Addition, HePnepin
County, Minnesota. Lot Dimensions are approximately 235' x 292' aDd is l()C3.ted
immediately east of the strip commercial currently under construction. A complete
listing of adjacent property owners within the prescribed distance has been provided.
94706/DOC1PlUDSCPT.DOC
Exhibit B
PROJECT DESCRIPTION
Dated 3 February 1995
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PREPARED, BY:
SCHOEL!. & MADSON, INC.
ENGINEERS. SURVEYORS. Pl.ANNEIlS
IIOIL. TESTING. ENVIRO.NMENTAL S1!RVICES
'05.0 WAYZATA IlOUL'EVARD. SUITE ,
IIINNETONKA. MINNESOTA 51305
1.121 "0-7001 PAlt: 5.0-t015
NOTE:
ADJUST EXISTING CATCH BASIN
CASTING ELEVATION J;S NOTED
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1-,12' BITUMINOUS WEAR 2341
2" BITUMINOUS WEAR 2331
r CLJ;SS 5 MNDOT 3138
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LEGEND
--~--
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EXISTING SANITARY SEWEJI
PROPOSED SANITARY SEWEJI
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PROPOSED STORI
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Architects and Engineers
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21 Water Street
Excelsior. MN 55331
FAX (612) 474-3928
TEL (612) 474-3291
Member of TSP Group:
Rochester. MN
Minneapolis. MN
. Denver. CO
Gillette. WY
Rapid City. SO
Sheridan. WY
Sioux Falls. SO
Marshalltown. IA
.
An Equal Opportunity,
Affirmative Action
Employer
February 28, 1995
Mr. Brad Nielsen, Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
RE: First State Bank of Excelsior I Shorewood
Dear Brad:
As discussed with Patti yesterday, I am including attached additional information
regarding signage and lighting for your consideration and review.
It is the Owners intent to utilize a ground mounted building identification sign near
the main entry to the site within the confines of the landscape elements located at
the northwest corner of the site. Further building identification would consist of
address numerals at the canopy face.
A combination of neon, directional signage illustrative of sign Type "If' would be
utilized to direct and advise banking customers of the drive lane status.
I have also included a light labeled Type "G" currently planned for use under
canopy and mounted at the exterior ceiling of the drive through canopy.
If you have any questions regarding the project or submittal, I would be happy to
meet with you. We are looking forward to receipt of your planning report.
Best regards,
<&~
Don Senn
Project Architect
94706'doc\lt-City2.doc
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parking garages. hospital emergency
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The series is available in five standard sizes
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Optional remote indicator switch controls
"message #lIofflmessage #2" signal
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ATM ONLY
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ORDERING INFORMATION
Catalog No. Description WI.
NS718 7" x 18' Sign 22lbs.
NS734 7" x 34' Sign 25 Ibs.
NS742 7" x 42' 251bs.
NS1418 14' x 18' Sign 22lbs.
NSl434 14' x 34' Sign 30 Ibs.
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Closed (Red).
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Catalog No.
MB
RF
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AM45
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Ceiling Mount
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Double Post Mount
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OPTIONAL EQUIPMENT (Add as Suffix)
Description
3-position lighted indicator switch
2"'Jong. 3-position Ughted indicator switch
3"9oog. 3-position Ughted indicator switch
4"'JOng. 3-posIIion lighted indicator switch
S"'JOng. 3-position rlQhted Indicator switch
Smoked plexigloss front panel (subStiMe tor louvered sunscreen)
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HSA"10 Sloped Ceiling Adapter
HB26.1'b."C Channel flar Hnngcr--
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HBSO 1 Vz" C Channel Bar Hanger-
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~Ordering Information:
C - Clear Reflector Trim
G ~ GOld Reflector Trim
To specify complcle fixture. include both
housing and trim numbers.
Opllons: M7010.640 M7010-6S0
Fuse.F M7010-640F M7010.650F
Quartz-Q .. M701Q-640Q. M7010-650Q.
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Self.flange Reflect.
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Self. flange Reflec.
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VOL.II
1A
MAYOR
Robert Bean
COUNCIL
Kristi Stover
Bruce Benson
Jennifer MCCarty
Doug Malam.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
Planning Commission, Mayor and City Council
Brad Nielsen
1 February 1995
Kowalsky, Richard - Setback Variances, Variance to Expand a Nonconforming
Structure and Height Variance
FILENO.:
405 (95.02)
BACKGROUND
Richard Kowalsky proposes to build a two-car, detached garage and add on to the home at 5740
Christmas Lake Point (see Site Location map - Exhibit A, attached). Since the house and
property do not comply with current zoning requirements in several ways, the proposed work
requires a number of variances.
.
The property is zoned R-INS, Single-Family Residential/Shoreland, and contains 27,131
square feet of area (68 percent of the R-IA lot area requirement). As can be seen on the
applicant's existing survey (Exhibit B) and proposed site plan (Exhibit C), the narrowness of
the lot and the required setbacks result in a very small buildable area. Consequently, anything
done to the property requires a variance. .
The applicant proposes to build a 22' x 26' detached garage just north of the house
approximately 53 feet back from the shoreline of Christinas Lake. The garage will be built into
the steep slope which extends along the east side of the property.
The house currently consists of two levels, the lower level of which contains 992 square feet,
plus 529 square feet of storage and crawl space. The main level contains 1521 square feet of
area. The applicant proposes to add the following:
1. A 158 square foot bath and entry on the lake side of the lower level (see Exhibit D).
2. A 158 square foot screen porch is proposed over an existing deck on the lakeside of the ..
existing second level. Also, a crawl space and new stairway on the east side of the home
add 126 square feet of area. These are shown on Exhibit E.
A Residential Community on Lake Minnetonka's South Shore
*'" c;c. \
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...
Re: Kowalsky, Richard
Variances
1 February 1995
3. A third level containing 549 square feet will be added for bedrooms and a bathroom (see
Exhibit F).
.
4. A fourth level containing 144 square feet is proposed as a loft over the bedroom addition
(also shown on Exhibit F).
Not including decks, the house will be enlarged from 2513 square feet to 3648 square feet.
Two large deck systems exist on the north and south ends of the house. The applicant proposes
to reduce the size of the southerly deck by 96 square feet, leaving 360 square feet. As
mentioned above, part of the northerly deck will be covered by a proposed screen porch
addition. The remaining 477 square feet of the northerly deck will be removed. A lO-foot wide
trellis structure will connect the garage to the house. Additional decks measuring 5' x 9' and 8'
x 13' are shown on the third and fourth levels, respectively.
Proposed building elevations are shown on Exhibits G - I. Building plans for the existing home
are sketchy and undimensioned, but are included in Exhibits J - L. The applicant's request letter
is provided as Attachment I.
It should be noted that the applicant was granted variances in 1992 for a remodeling project
which apparently was never done. . The staff report, dated 2 January 1992, for that request is
included for your review as Attachment IT (copied in yellow).
ISSUES AND ANALYSIS
-
Section 1201.05 Subd. 2 of the Zoning Code provides conditions and criteria for the
consideration of variances. These requirements are summarized as follows:
· Economic considerations alone shall not constitute hardship
. Burden of proof is on the applicant
. Variance is the minimum necessary to make reasonable use of the land
. City may attach reasonable conditions
- 2 -
- ,
"
.
.
Re: Kowalsky, Richard
Variances
1 February 1995
It appears that the 1992 variance approval would have resulted in less building mass than the
current proposal. The applicant chose not to do the project because of cost and dissatisfaction
with the design. Despite more building mass, there is justification for some variance in the
current request. Clearly, the site is unique in terms of narrowness, shape and topography. This
is evidenced by the lack of buildable area. What little buildable area exists is on the steep slope
on the east side of the site.
Section 1201.26 Subd. 5 of the Zoning Code provides for an "average setback" to be used
where houses on lots on either side of the subject property are closer to the water than the
required setback. In this case, portions of the house to the north are right at the water's edge
(zero setback). Since no information has been provided about the house to the south, the
minimum 75-foot requirement is added to the zero setback on the north to get a 37.5-foot
average. This approach provides the applicant with a more reasonable area in which to build.
The average setback is shown on Exhibit C.
Following is how the various elements of the applicant's plan conform to Shorewood's variance
criteria:
A. The Garage. The property does not currently have a garage. Nor is there evidence that a
previous garage may have existed on the property which may have been converted to living
space. Shorewood has in the past recognized that the inability to have at least a two-car
garage in Minnesota constitutes a hardship. The garage is set into the hill.as far as possible,
53 feet from the lake.
B. The Screen Porch. The screen porch, the room below it and the new deck extend closer to
the lake and increase the building mass near the lake. These elements are all closer than the
37.5 average setback would allow. It is recommended that this area remain as a deck. If a
screen porch is essential to the applicant, it should be incorporated into the large deck on the
south end of the house, behind the 37.5-foot setback.
C. Bedroom Addition. .This addition is behind the 37.5-foot setback and does not exceed the
minimum height requirement of the Zoning Code. -
D. The Loft. Although proposed behind the recommended average setback, this fourth level
exceeds the two and a half story height limitation in the Zoning Code. Itis extremely
questionable as to whether this space is essential to making reasonable use of the property.
Approval would establish a negative precedent for other nonconforming properties as well
as properties which currently conform to zoning requirements.
E. Lot Coverage. There is a discrepancy between the applicant's hardcover calculations and
ours. Lack of a detailed breakdown of surface areas makes it difficult to determine if the site"
improvements exceed 25 percent of the lot area. Any approval should be contingent upon
the applicant providing a detailed breakdown of all hard surface area, including decks and
sidewalks, courtyard area, etc.
- 3 -
..
.
.
Re: Kowalsky, Richard
Variances
1 February 1995
RECOM:MENDATION
Shorewood has in the past recognized that smaller, substandard lots do not support large
structures. The recommended average setback, however, also recognizes the character of the
existing neighborhood and is considered to provide the applicant with adequate room to make
reasonable use of his property. It is recommended that the applicant be granted variances to
build the garage and the bedroom addition as proposed. The screen porch and room beneath it
should be deleted. Construction of a screen porch on the southerly deck, behind the average .
setback line should be considered favorably. The loft level should be eliminated.
cc:
Jim Hurm
Tim Keane
Joel Dresel
Richard Kowalsky
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Exhibit A
SITE LOCATION
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MAHADY ARCHITECTS, INC.
43 Main Street SE, Suite 410, Minneapolis, MN 55414
Telephone #: (612) 379-3037 Fax #: (612) 379-0001
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Exhibit L
EXISTING BUILDING ELEV A TIONS
December 28, 1994
Bradley J. Nielsen
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Ref: Variance application for 5740 Christmas Lake Pt.
Dear Mr. Nielsen:
.
In requesting a variance to remodel the existing house at 5740
Christmas Lake Point, I am submitting this letter as well as
supporting documents: surveys, architectural plans, and a certified
list of property owners obtained from Hennepin County.
As the submitted survey indicates, the existing structure is located
entirely within the 75 foot setback from Christmas Lake. Any
structural alteration to the home requires a variance. In fact, the only
"buildable area" falling inside all setbacks is the small triangular area
shown on the survey.
This parcel of property is unique. The lot is long and narrow,
heavily forested, and offers a unique setting on Christmas Lake.
To preserve the characteristics of this site, Michaela Mahady of
Mulfinger, Susanka & Mahady Architects, Inc., was retained to
design a remodeled structure consistent with codes and respecting
this site.
.
Basically, the criteria we asked Ms. Mahady to consider included the
following:
-respect for site and vegetation
-conformity to existing foot print of the house
-retention of the unobtrusiveness of the existing structure
-design consistent with lakeside location and nearby adjacent
properties
-provision for expanded living spaces and additional
bedrooms to accomodate additional children
-creation of an enclosed garage as none currently exists
The submitted schematic design fully meets our needs and
expectations and I believe meets the spirit and conditions governing
variance requests listed in the city code (subdivisions 1 and 2 of
variance codes.)
Attachment I
The proposed alterations do not appear to increase the nonconformity
of the house especially since a large obstructive deck-carport would
be removed and a reconfigured facade, entry way, and recessed
garage substituted. No significant change in impervious surface is
planned and the whole site should be less visibly obtrusive.
.
To clearly see what is proposed, submitted documents include
surveys, schematic drawings of existing and proposed improvements
and square footage calculations to meet DNR requirements.
Sincerely,
f::'::!K~?:;L4
.
MAYOR
.Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO: .
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
2 January 1992
RE:
Kowalsky,'Richard - Variance to Expand a Nonconforming
Structure/Setback Variance
FILE NO.:
405 (91.20)
.BACKGROUND .
-.
Richard and Deborah Kowalsky propose to remodel their home, located at 5740 Chris.tmas
Lake Point (see Site Location map - Exhibit A, attached). As can be seen on the
applicant's survey (Exhibit B), the structure is located ent;irely within the 75-foot setback
from Christmas Lake. Consequently, any structural alteration to the home requires a. -
vanance. .
The property is zoned R-IA, Single-Family Residential and contains approximately-27,1)1
square feet of area. The lot is only 93 feet at its widest point, _tapering to leSs than 50 feet
- . _. o~ its north end. The lot drops approximately 20 feet in elevation from east to west.
The work proposed by the applicant is all within the existing footprint of the home (see
Exhibit C). The applicant's builder proposes to lower the floor,elevations of v~ous rooms
in the bottom level of the home so that the rooms comply with building code requirements.
The applicant also proposes to enclose the area. under the deck on the north end of the
house to be used as a two-car garage. Presently there is no garage on the site.
The applicant's request is explained in more det3.il in -his request letter, dated 15 November
1991 (Exhibit D).
Attachment IT
A Residential Community on Lake Minnetonka's South Shore
.
.
ANAL YSIS/RECOMMENDATION
The applicant's proposal converts approximately 1172 square feet of storage space into
habitable space without changing the bulk of the building. This brings the total area of the
home to 3167 square feet. This is considered to be consistent with the Zoning Ordinance
which provides that alterations maybe made to nonconforming structures as long as the,
nonconformity is not increased.
Given the configuration and topography of the site, the proposed location for the two-car
garage has the least amount of impact on the site. No additional impervious surface is
necessary and no significant site grading is required. One thing the Planning Commission
may wish to require as a condition of approval is enhanced landscaping along the west side
of the proposed garage to mitigate the effect of the additional wall space.
Based upon the preceding, it is recommended that the applicant's request be granted subject
to the following:
1. Prior to construction, the applicant must stake construction limits and provide erosion
control, no closer than 20 feet from the ordinary high water mark.
2. No spoil material from the excavation may be placed within 20 feet of the lake. ,
Placement, if any, of the spoil material must be consistent with Section 1201.26
Subd. 7.b. of the Zoning Ordinance.
3. Consider requiring additional landscaping along the west wall of the proposed ~arage.
BJN:ph
cc:
Jim Hurm
Dave Sellergren
Richard and Deborah. Kowalsky
Curtis Ostrom
- 2 -
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SITE LOCATION
Kowalsky - variances
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Curtis R. Ostrom
Kathe Ann Ostrom
~.~. ~strnm & ;nu
18845 Azure Road
. Deephaven, MN 55391
November 15, 1991
Bradley J. Nielsen
City of Shorewood
5755 Country Club Rd.
Shorewood, MN 55331
Ref: Variance Application for 5740 Christmas Lake Pt. Rd.
.
Dear Mr. Nielsen,
.
I am acting on behalf of my clients, Richard and Deborah
Kowalsky, 5740 Christmas Lake Point Road, Bhorewood. They have
retained my services a~ a Design/Build company to finish .two much
needed bedrooms and .bathwi thin the lower walkout leyel ofj,their:,:
home. ';<.;',; . :;" ,,'. .'
."
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The preliminary design"was brought to the Buil~fng Inspect~r and'
he is of the op1nionthat"wecould not expand'this home..<'There ',.
is an existing familyro~m, ~erviceentryand ~tility room "in
this walkout level. ' There ~re two existing storage areas which
we wish to make into the bedroom/bath rooms. At the present
time, the ceiling height in these storage rooms would not pass
code. Therefore, we would have to lower the floor and add
windows for natural light and egress in order to conform to code.
We will not be expanding the house beyond the present foundation,
only making use of existing interior space.
The home has only one bedroom and Mr. & Mrs.' Kowalsky are using a
small office space as a nursery fo~theiryoungson. With plans
for expanding their family, it becomes imperative that they are
granted permission to alter space usage to include the two
bedrooms and bath.
The second part of ih~-~af~atice
area under an existin9~eck for a garage.
come under the "hardship" clause as there
property ,the present time.'
.-
#'
,
.
;.
The variance applic.tion is for the Planning'~o~mission;J~nuary
agenda. I will be out of town until December ~ and will miss the
December meeting. This will also give me a chance to schedule a
meeting with you when I return. My main question to discuss with
you will be to determine whether a variance is even necessary
since we are not increasing the footprint of it he existing house.
I look forward to visiting with you and resolving this question.
.
Curtis R. Ostrom
President
cc: Kowalsky
.
,
t
.
.
.
FILE COpy
DEe 2 3 1991
December 20t 1991
Mr. Brad Nielsen
City Planner
Shorewood City Hall
5755 Country Club Road
Shorewoodt MN 55331
RE: Rich Kowalsky variance
5740 Christmas Lake Point
Dear Brad:
Thanks for explaining the property changes requested by
Rich Kowalsky. Please be advised that I see no problem in
allowing the changes and additions that you described to me.
Appreciate being informed.
John Koepcke
5790 Christmas Lake Point
Shorewoodt MN 55331
474-0378 Home
941-1044 Work
7402 washington avenue
.
eden prairie, mn 55344
941-1044
.
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~ 02/02/1995 12:49 808-669-4523
JAMES G. PETERSON
PAGE 01
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MAYOR
Robert Bean
COUNCIL
Kristi Stover
Bruce Benson
Jennifer McCarty
Doug Malam
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO:
FROM:
DATE:
Planning Commission, Mayor and City Council
Brad Nielsen
.
28 February 1995
RE:
FILE NO.:
Kowalsky, Richard - Revised Variance Request
405 (95.02)
Based upon the 1 February staff report Mr. Kowalsky asked that his variance request be tabled to
the March meeting so that he could provide additional information and consider alternatives to his
original plans. His revised proposal is set forth in a letter, dated 27 February 1995 (Exhibit A) and
modified plans attached as Exhibit B. The revised plans also include a better description of the
existing floor plan.
Following is a summary of how the Applicant has addressed the issues raised in the first staff
report:
.
Lot Coverage. The applicant has had the land area of his lot recalculated, taking into
consideration the additional surface area which results from the steep slope of the property.
2. Screen PorchlDeck Setbacks. The applicant has eliminated a proposed deck which
extended closer to the water. He has also had his surveyor accurately locate the structures
on adjoining lots to determine what the average setback is.
1.
3. BedroomILoft Addition. The applicant has enlarged the bedroom addition from 18' x 26'
to 20' x 26'. The loft area has been changed to a bedroom and enlarged from
approximately 12' x 12' to 13' x 14'. Decks on the south side of the two new levels have
also been enlarged from 5' x 9' to 7.5' x 13' and 8.5' x 13' to 8.5' xIS'. The applicant
also raises questions relative to how stories is determined.
ANAL YSIS/RECOMMENDATION
A. Lot Covera~e. The applicant's surveyor has provided revised hard cover calculations,
including the courtyard area on the east side of the house and eliminating the proposed deck
on the lake side. The applicant also proposes to further reduce the size of the existing deck
on the south side of the house. The resulting hardcover is approximately 24 percent.
A Residential Community on Lake Minnetonka's South Shore
.oc:..~
~
Re: Kowalsky, Richard
Revised Variance Request
28 February 1995
.
C.
B . Screen PorchlDeck Setbacks. As mentioned above, the applicant has eliminated the deck
on the lake side of the home. He has also resurveyed the adjoining properties to determine
that the home to the south is only 65 feet from the lake, reducing the average setback. The
structure to the north actually extends over the water, further reducing the average and
resulting in a setback of 30.5 feet. The applicant's architect proposes to curve the west
wall of the screen porch addition to parallel the shoreline of the lake.
It should be noted that the DNR has advised us that our shoreland regulations are deficient
with respect to the "shore impact zone". State requirements do not allow grading, filling or
structures within an area 50 percent of the required setback (.5 x 75 = 37.5), even if an
average setback is allowed (see Exhibit C, attached). While this requirement needs to be
corrected in our Zoning Code, it does not currently apply.
Bedroom/Loft Addition. The applicant's interpretation of basement, cellar and story are
incorrect and stems from a misunderstanding of "average grade". The height restrictions
apply to any given elevation and not from an average around the building. The applicant's
interpretation also assumes that the building can be separated into parts rather than viewed
as a whole. Viewed from the lake, the proposed structure has four levels showing, despite
the lowest level being short (approximately 75%).
.
cc:
If the upper level is not required to be eliminated, the applicant should be required to
prepare a detailed landscape plan which raises the grade adjoining the portion of the house
beneath the addition area. Significant landscaping, including evergreen shrubbery, should
be required with the intent of fully screening the lowest level beneath the addition. Plant
materials should be the largest available so as to provide effective screening immediately.
The landscape plan should be accompanied by a bid from a certified nurseryman or
landscape architect. A letter of credit or cash escrow for one and a half times the amount of
the landscaping work should be provided at such time as the building permit is issued to
ensure that the work is done prior to November of this year.
Jim Hurm
Tim Keane
Richard Kowalsky
- 2 -
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February 27, 1995
5740 Christmas Lake Pt.
Shorewood, MN 55331
.
Brad Nielsen
City of Shorewood
5755 Country Club Rd.
Shorewood, MN 55331
Thank you for meeting with us for the second time on February 22 at
the Shorewood City offices. I believe a number of issues concerning
our proposal were clarified at that time.
I am hereby submitting revised schematic architectural plans as well
as a more detailed registered survey to support the variance request at
5740 Christmas Lake Point.
.
This letter will supplement those previously written (Dec. 28, 1994
and Feb. 6, 1995) to form the variance request letter.
We first submitted our materials to your office December 28, 1994.
You were not able to meet with us and inspect the property in
question until February 6th, the day before our scheduled variance
request hearing before the Shorewood Planning Commission.
As you know, we tabled our request for one month pending
clarification and revision of architectural elements of our proposal,
determination of an average set back line as it pertains to our property
and calculation of the porous surface area of the lot to meet DNR
requirements.
Your first memorandum was prepared prior to an on site visit. It did
not take into account conditions of the existing structure, as well as
existing topographic conditions in describing proposed living levels.
It also mischaracterized square footage of some existing spaces.
Since we first met and received your memorandum regarding our
variance request, we have had the opportunity to read Title 1200, the
City of Shorewood's Zoning and Subdividion regulations. Parts of
or all of the following regulations apply in our circumstance. These
are 1201.01, 1201.02, 1201.03, 1201.05, 1201.09, 1201.10 and
1201.26.
Exhibit A-I
APPLICANT'S REOUEST LETTER
Revised - dated 27 February 1995
.
These zoning and subdivision regulations define, clarify, and justify
our revised proposal that we are currently submitting.
Additionally, since early February we have had the registered
surveyor return to the property multiple times. He visited once to
determine the set back of the adjacent property ot the south, another
time to determine and stake out the average set back line in front of
our house. At this visit he also determined the addtional porous
surface area of the steep incline behind the house to meet DNR
requirements. His most recent visit has been to measure addtional
elevations around the perimeter of the house.
We have spent considerable time, effort, and resources since our
original submision of materials in December. Our proposal has been
modified and clarified in accordance with the zoning and subdivision
regulations and the guidelines/analysis you set forth in your original
memorandum.
A number of issues require clarification regarding our variance
request. We have modified our proposal to reflect the legal
terminology of the zoning and subdivision regulations.
I will at this point describe the issues remaining concerning our
proposal project and solutions to resolve them.
.
Issue #1 "Lot Coverage"
Apparently there was a small discrepancy between the hardcover
calculations provided on the architects original site plan and those
determined by the city. Both were close to the 25% coverage
restriction of the DNR.
Solution: The registered surveyor determined that with the average
incline of the steep grade in back of the house, there was an
additional 950 sq. feet of porous surface area not included in the
original survey area of 27,131 square feet. The porous surface area
is therefore at least 28, 081 sq. ft.
Therefore by both the city's and architects' calculations, the
proposed project complies with DNR requirements that lakeshore
properties have no more than 25% of their surface area as impervious
surface.
These revised figures are noted on architects revised site plan as well
as notes to revised survey.
A-2
Issue #2 "Screened PorchlDeck on Front of House."
.
This issue dealt with the fact that portions of the screened porch and
attached deck element of the original project fell lakeside of the
average set back line as determined in your original memorandum.
Accurate determination of the average set back line. Determination of
the average set back line in our case is determined by Section
1201.26 Subdivision 5 of the Zoning Code relating to Shoreland
district, Section 1201.03 Subdivision 3d, General provisions and by
the definitions of set back (1201.02 subdivision 19) and ordinary
high water level (O.H.W.L.) (1201.02 subdivision 15).
.
The registered surveyor has determined from the above that the
average set back line is 30.75 feet from OHWL. According to
Section 1201.05 Subdivision 6 relating to property surveys with
regard to variance requests and appeals the surveyor has accurately
drawn this average set back line on the revised survey.
In this case the average set back line is determined by the fact that
portions of the house to the south are 65 feet from the water's edge
and portions of the house to the north extend 3.5 feet over the
water's edge. The arithmetic average of these is 65 + (-3.5) /2=
30.75. This average set back line then defined the area in which this
applicant might build.
Solution: Portions of the originally proposed screen porch and
attached deck fall lakeside to the average set back line of 30.75. Our
solution for this is:
1) elimination of the attached small deck off the screen porch
2) modification of the screen proch and lower garden entry
room to comply with the 30.75 foot average set back line.
This is as depicted on the revised schematic design
drawings.
Issue #3 "Bedroom Addition"
This issue dealt with whether the bedroom addition exceeded the
number of stories height limitation in the Zoning Code. There was
no contention that this portion exceeded the 35 foot height restriction.
Additionally, the entire part of the component of the proposal fell
well behind the recommended average set back line.
Subdivisions 1201.02 Definitions, 1201.10 RIA Single Family
Residential District and 1201.26 S, Shoreland District are all
A-3
.
appplicable in deermining permissible building height on Lakeshore
properties.
We have written to you previously (February 6, 1995) and spoken
with you since (February 22, 1995 meeting) about the interpretation
of the existing structural elements on the south side of the house.
These are more clearly labeled on the current "basement floor plan -
existing" page than on the previously submitted documents.
A cellar is defined 1202.02 Subdivision 3 as "a portion of a building
having more than one half (1/2) of the floor to ceiling height below
the average land grade." Clearly the existing "storage room and
crawl space" fit this defmition.
In fact, because of the topography of the home site, the entire
basement level can be considered "cellar." One half of the floor to
ceiling height is approximately 3 feet below the average grade as .t.J. A.vLta"t 4t~ ~
depicted on the front, rear and side elevations currently submitted. ('U' )..)
The calculation used is: Averag,.e grade::;: (947-934.1) / 2::;: 6.45 ft.
One half floor to ceiling height::;: (6'-8") / 2::;: 3'-4". This does not
even use the most extreme high elevation located at the southeast
comer of the house.
.
What does this mean? By code this cellar level does not Qualify as a
story of living space. Furthermore, it does not even meet
specifications to be considered as a half-story of a building. These
spaces, therefore, are not to be included in height limitations other
than that their exact vertical height dimension is applicable to the 35
foot restriction.
I am quite certain that this misinterpretation of the existing structural
elements of the house could have been avoided if the applicant had
earlier been more familiar with the definitions and specifications of
the city's zoning code and if an on site visit were to have been made
earlier relative to our originally scheduled variance hearing.
Solution: The bedroom addition as proposed meets height limitations
of Shorewood code and warrants positive recommendation.
Landscaping--To conceal the cellar entry we would be willing to
consider additional landscaping such as shrubs, elevated gardens,
etc. We had already contemplated removing a lakeside portion of the
existing deck on this end of the house, thereby softening any visual
impact from the lakeside.
A-4
SummaIy
In summary, we are pleased to submit our revised proposal with
additional information and modifications to meet the specifications of
the Shorewood zoning regulations. We hope we have clarified our
proposal to meet the approval of the Planning Commision at the
March 7, 1995 meeting.
.
Sincerely,
:::~:::tr
cc:
Deborah Borkon
Jeff Foust
Jim Pisula
Kirk Rosenberger
Laura Turgeon
.
A-5
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MULFINGER, SUSANKA &
MAHADY ARCHITECTS, INC.
43 Main Street SE, Suite 410, Minneapolis, MN 55414
Telephone #: (612) 379-3037 Fax #: (612) 379-0001
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MEMORANDUM
June 27, 1994
TO:. Ceil Strauss
DNR Area Hydrologist
FROM: Steve Prestin ~
Consu 1 tan t to th.e LMCD
RE: SHOREWOOD LAND USE CONTROL REVIEW FOR COMPLIANCE WITH
DNR SHORELAND STANDARDS
This review utilized the following documents: .City of
Shorewood Zoning Regulations, Subdivision Regulations, and
Shoreland Flexibilitv Reauest.
I did not have access to the City's Zoning Map and Wetlands
controls. so was unable to determine the status of several
issues. These are identified on the attached Checklist with
suggestions to investigate them .further with the City.
The City's controls are in generally good shape. Some
improvements could be made to update a few items such as
definitions and statute referenceg, but these are relatively
minor and are not included below. You can easily find them
identified on the Checklist. I did, however, discover a few
deficiencies which should be pursued with the City. These
are listed below in the order they appear on the Checklist.
1. Several definitions are not included in the City's
controls.
2. Structure setback from the top of a bluff is not
addressed. There is, however, a prohibition on
locating structures within bluff impact zones, which
would result in a 20 foot setback.
c
The provision for allowing a new structure to be placed
at an established setback line is missing the phrase
"if not in a shore or bluff impact zone."
4.
A provision requiring either a doubling of the
structure setback from the OHWL or adequate vegetation
or earth berm screening for non-water-oriented public,
semi-public, commercial, and industrial uses is absent.
5.
A statement requiring fertilizers and pesticides to be
used in ways that minimize tl
impact zones and public water
and/or vegetation filter str:
Exhibit C-l
LETTER FROM DNR RE:SHORE IMPACT
ZONE ....
Dated 27 June 1994 ....
.
.
.:f
L20 L.02
L201.02
four (24) hour per day care. food. lodging, trammg, education, supervi-
sion, habitation, rehabilitation. and treatment they need. but which for any
reason cannot be furnished in the person's own home. Residential facil-
ities include, but are not limited to: State institutions under the control of
the Commissioner of Public Welfare. foster homes, residential treatment
centers, maternity shelters, group homes, residential programs, or schools
for handicapped children.
REST AURAi"IT: An establishment which serves food in or on oon-
disposable dishes to be consumed primarily while seated at tables or
booths within the building.
RIGHT-OF- WAY - PUBLIC: Any property established for the use of the
public for street or highway purposes by any Federal, state, county or
local government, by dedication, gift. or statutory user, whether developed
or undeveloped, paved or unpaved.
ROOF LINE: Is defined as the top of the coping or, when the building
has a pitched roof, as the intersection of the outside wall with the roof.
Subd. 19. SCREENING: The presence of an artificial barrier, vegetation, or
~opogra~hy which makes any structure on any property visually
mconspIcuoUS.
SELF-STORAGE FACILITY: Any facility that is designed and used for
the purpose of renting or leasing an individual storage space within the
facility for the purpose of storage only. Such facilities are different from
public warehouses in that public has access to their storage space owned
for the purpose of storing and removing personal property and the owner
does not issue a warehouse receipt, bill of lading, or other document of
title, for the personal property stored in the storage space.
SETBACK: The minimum horizontal distance between a building and
street, lot line or normal high water mark. Distances are to be measured
from the most outwardly extended portion of the structure at ground level.
In the case of a private street or street acquired by statutory user as
defined by Minnesota Statutes, the setback shall be measured from a line
fifteen feet (IS') from the edge of the traveled surface.
SEWER SYSTEM: Pipelines or conduits, pumping stations and force
main, and all other construction, devices, appliances or appurtenances
used for conducting sewage or industrial waste or other wastes to a point
of ultimate disposal.
SHOPPING CENTER: An integrated grouping of commercial stores,
under single ownership or control.
[SHORE IMPACT ZONE: Land located between the ordinary high water
level of a public water and a line parallel to it at a setback of fifty
percent (50%) of the structure setback.
29-
City of Shorewood
/~
C-2
ubstetrics,
Gynecology &
Infertility, EA.
Joseph S. Massee, M. D.
Alec L. Janes, M. D.
Philip Marcus, M. D.
Frank Czerniecki, M.D.
Richard B. Cosen, M.D.
Lisa M. Baker, M.D.
Judith A. Ewing, R.N.C.
Julie E. Schreifels, R.N.C.
Pamela B. Peat, R.N.C.
Cheryl K. Thurn, R.N.C.
Mary L. Maki, R.N.C.
Anne Rollie
Clinic Manager
February 1, 1995
Cr:'P - f !cqr::
Mr. James C. Hurm
City Administrator/Clerk
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Kowalsky Variance
Dear Mr. Hurm:
.
In response to your legal notice dated January 25th, I would like to let you know
that I am very familiar with that property described and the plans that the Kowalskys
have to improve their property. I have absolutely no problem with their building
either a second story on the present home, or an extension to the north, as I believe
they have approximately 200 feet of shoreline between themselves and the next
home. I suspect the problem is that the property itself is closer than 75 feet to
the water.
.
To the extent that it has any benefit, I think the aesthetics of the property as seen
from the lake (it cannot be seen from any other location) would be better served
by an extension of the house with its present architecture to the north; however,
if this is not possible because of regulations, I certainly have no problem with a
vertical extension of their property. They have been good neighbors and I think
the community would be benefited by bringing the house up to standards of other
houses on Christmas Lake, many of which as you know now have structures much
closer to the water than the Kowalskys.
Thank you very much for your attention in this matter.
Sincerely,
~l1~\~~Lj)
Alec L. JaneS, M.D.
5630 Christmas Lake Point
Shorewood, MN 55331
~ ~
ALJ :deb dJ--
430 Southdale Medical Building · 6545 France Ave. South. Edina, MN 55435. 920-2730 Fax 920-1813
601 Oakdale Medical Building · 3366 Oakdale Ave. North. Robbinsdale, MN 55422. 588-0703 Fax 588-1792
Business Office · 6545 France Ave. S., Suite 430. Edina, MN 55435. 924-9475 Fax 920-1813
Offices also located in: Chisago, MN . Burnsville, MN · Princeton, MN
..
.
.
MAYOR
Robert Bean
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Bruce Benson
Jennifer McCarty
Doug Malam
5755 COUNTRY CLUB ROAD- SHOREWOOD, MINNESOTA 55331-8927 - (612) 474-3236
MEMORANDUM
TO:
FROM:
DATE:
RE:
FlLE NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
5 March 1995
South Shore Senior Center
405 (95.07)
BACKGROUND
TSP/EOS Architects, representing the City of Shorewood, has submitted plans for the
construction of a 7400 square foot, single-story senior community center to be located on the
City Ha1lIBadger Field site at 5755 Country Club Road (see Site Location map- Exhibit A,
attached). The City property is split between two zoning districts, R-1C and R-2A. The
proposed senior center is located on the R -2A portion of the site. Current zoning regulations
require the project to be processed as a conditional use permit. A description of the project is
provided in the applicant's letter (Exhibit B), dated 6 February 1995.
As can be seen on Exhibit-C, the proposed facility and its related parking area are set into the
northeast comer of the Badger Field property. Commercial uses border the center on the west
and north (across Co. Rd. 19). The new building is separated from single-family development
to the east by a drainageway and wooded area, and from homes to the south by the recreational
facilities in Badger Park.
The detailed site plan for the senior center is attached as Exhibit D. Exhibit E is the proposed
landscape plan, and building plans are provided in Exhibit F.
In addition to the existing park facilities, site constraints include the drainageway on the east
side of the facility, steep slopes adjacent to County Road 19, and poor soils on most of the
Badger property. The Badger site contains approximately 10 acres.
ISSUES AND ANALYSIS
Community centers are specifically provided for as conditional uses. in the R-2A zoning district
and are subject to the requirements of Section 1201.11 Subd. 4.b. of the Zoning Code.
Following is how the applicant's proposal complies with the Code:
A Residential Community on Lake Minnetonka's South Shore
.:fF5l>
~
Re: South Shore Senior Center
Conditional Use Permit
5 March 1995
1. Side yard setbacks are required to be double the normal setback (10 feet) for the R-2A
district. The proposed building is 35 feet from the west side of the property and 230 feet
from the east side of the site. Parking is 10 feet from the west side of the property rather
than the required five feet.
The building also complies with the thirty-foot front yard setback requirement from County
Road 19.
.
2. The Code requires landscaping and screening from view of residential property. The
Badger property is relatively wooded on the east side of the existing drainageway. The
proposed landscape plan provides a mixture of shade trees (21), ornamentals (3) and
evergreens (15), most of which are located on the south side of the facility. Seven of the
evergreen trees provide a buffer between the new building and County Road 19.
Additional foundation plantings are provided on the south side of the building and in the
parking lot islands.
3 . The Code requires 10 parking spaces for the first 2000 square feet of building plus one
space per 150 square feet of space over 2000 square feet. Based on this requirement the
facility requires 41 parking spaces. The site plan provides 47 spaces, all of which comply
with the size and aisle requirements of the Code.
Landscaping on the south side of the facility is considered adequate to soften the view of
the parking and building from homes to the south, the closest of which is approximately
500 feet away.
It should be noted that part of the required parking necessitates the removal of nearly three-
fourths of the existing Badger pumphouse building. This is considered to be a positive
aspect of the plan and is consistent with the recommendations of the City HalIlBadger Field
Improvement Plan which was prepared by the City in 1987.
Access to the parking and the facility is via a rather long driveway (300') extending from
the northeast comer of the City Hall parking lot. While this is not ideal, it is safer than
trying to access County Road 19 directly. . Site topography and limited sight distance
preclude direct access to County Road 19.
One of the issues raised by the Fire Marshal (see Memorandum from Cary Smith, dated
9 February 1995), is turn-around room for emergency vehicles. One alternative is to raise
the drive-under canopy to 14 feet so that trucks can get under it. Without that, however,
there appears to be adequate room for fire trucks to back into the small parking area located
on the west side of the pumpflouse building. Eighty feet of depth is available where only
60 feet is required. '
4. Space provided for loading is located on the south side of the building and is considered
adequate. The architect will check to see if some adjustment in the canopy height may be
necessary to accommodate a Metro Mobility van.
5. In addition to the specific items addressed above, the proposed use complies with the
general requirements for granting a conditional use permit:
a. The senior center is specifically mentioned in and is consistent with the Shorewood
Comprehensive Plan Update.
.
- 2 -
.
"
Re: South Shore Senior Center
Conditional Use Permit
5 March 1995
b. Given the location of the facility, its distance from nearby homes and the proposed
landscaping plan, the use is considered to be compatible with present and future uses in
the area.
An issue raised when the site was fIrst considered, is whether or not liquor can be
served if the building is rented out for wedding receptions. Concerns in this regard are
satisfIed by Shorewood's current prohibition of liquor on City property.
c. There is no reason to believe that the facility will depreciate the area in which it is
proposed. For example, traffIc from the senior center will use County Road 19 and
Country Club Road.
.
d. The proposed senior center can be accommodated with existing City services. City
water and sewer are immediately available to the site.
Subsequent to making application for the c.u.P., the architect submitted an alternative site
sketch (see Exhibit G) for the City's consideration. While this plan results in a more effIcient
overall City Hall "complex" it signifIcantly impacts the park use of the property. Instead of
moving part of the existing hockey rink, for example, it must be completely relocated.
Preferably the rink would be oriented north/south rather than east/west. Moving the rink closer
to homes to the south is also questionable. The revised plan also requires relocation of the
existing warming house or construction of a new one.
The most expensive aspect of the revised plan is the likelihood that the building will have to be
built on pilings, due to anticipated poor soil conditions. The architects have requested
additional soil borings to determine how expensive this alternative might be.
RECOMMENDATION
.
The plans provided comply with Shorewood's zoning requirements and Comprehensive Plan.
Despite the long driveway access, the northeast comer of the site actually makes better use of
an otherwise underutilized portion of the park and results in less disruption of the park. It is
recommended that the C.U.P. be granted as proposed.
If, however, the architects feel strongly that the alternative plan warrants whatever additional
expense may be involved, the City should remain open to reviewing a detailed plan based upon
the alternative sketch. If the alternate plan is approved tesidents adjoining Badger Park should
be advised of the change.
\
cc: Jim Hurm
Tim Keane
Joel Dresel
Rick Wessling
- 3 -
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Exhibit A
SITE LOCATION
South Shore Senior Center
.- "":.t-:;.;-.::~'~::r=;;~.;:- s.~~':;~_:.~ f:r. .,:;, "_" ~"-"~ ".... '~~~~~~.~t~:';
..
· liE OS
Architects and Engineers
Offices in Rochester
and Minneapolis, MN
TSPlEos
21 Water Street
Excelsior. MN 55331
FAX (612) 474-3928
TEL (612) 474-3291
.
Member ofTSP Group:
Rochester. MN
Minneapolis. MN
Denver. CO
Gillette. WY
Rapid City, SD
Sheridan. WY
Sioux Falls. SD
Marshalltown. IA
.
An Equal Opportunity.
Affirmative Action
Employer
February 6, 1995
South Shore Senior Center
Shorewood. Minnesota
TSPlEos #94711
RE:
GENERAL PROJECT DESCRIPTION
The new South Shore Senior Center will consist of a 7400 S.F. building on one
level. Major spaces will include a large Multi-Purpose with a possible movable
partition to divide the room for more flexibility. two Meeting rooms for general
crafts and gathering. also with a possible movable partition. a Library space for
quiet gathering and smaller groups. a Lobby which is large enough to accommodate
people arriving and leaving the function spaces as well as the display of senior
crafts which are for sale. Other spaces will include Coat Room. Directors Offices
,Serving Kitchen, and Toilets. The facility is designed to include the addition of a
covered drop off should funding allow.
Building materials will be sympathetic to the residential neighbors yet reflect the
scale and maintenance needs specific to a public facility. The building will have a
masonry base with beveled siding above, sloped roof with asphalt shingles and 3'
over hang on all sides.
Total new on site parking will be 47 spaces including 2 Van Accessible spaces for
the physically challenged. The Van Accessible spaces will be adjacent to the west
building entrance. All parking spaces areas and drive lanes will be bituminous
with curb and gutter. Adequate maneuvering room will be provided for lift
equipped vehicles.
A Trash enclosure will be provided (to be coordinated along with further site
development) and constructed of materials consistent with building image.
Site lighting will match existing lighting at the newly constructed Shorewood City
Hall parking lot. Lighting Fixture "cuts" and wattage's are included with this
application. Lighting levels provided by these fixtures and illustrated on the
enclosed 11 x 17 drawing.
A conceptual Landscape plan will include features to appropriately screen the rear
of the building from Route 19 and further enhance the function and aesthetics of
the development. The overall plan will included planting beds to allow the
participation of community garden clubs and the building users. The Landscape
plan and grading will be refined along with further project development.
Orr, Schelen, Mayeron. and Associates will provide civil engineering on site and
will coordinate sanitary and storm sewer, water. gas and electrical utility
connections to the new facility. Access to these utilities are available from this site
and the final access points are yet to be defined.
Soil boring have been taken on site and indicate that soils correction will be
necessary and this is calculated into the project budget. The foundation system will
be standard spread footings
Exhibit B
APPLICANT'S PROJECT DESCRIPTION
Dated 6 February 1995
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SITE PLAN - SENIOR CENTER
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Architects and Engineers MEMORANDUM
.
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TO: Jim Hurm
FROM: Rick Wessling - TSP lEas
DATE: March 21, 1995
Re:
South Shore Community Center
Alternate Site lAcation
As per our recent conversations, and with further review of the necessary
alterations to the existing park facilities in Badger Park to accommodate the
alternate site location for the Shore Community Center we submit the
following conceptual estimate in relocating / modifying these facilities as per
Options A and B forwarded to you earlier today. Please understand that
these estimates are our best conceptual estimates based upon the
information available to us at this point in time.
Survey alternative site location L.S.
Relocate existing warming house L.S.
Regrade for relocated hockey rink L.S.
Relocate hockey rink boards
Total
$5,000.00
$10,000.00
$5,000.00
$5,000.00
$25,000.00
End of Memo
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Exhibit E
SURVEY - BOTH LOTS
JOB NO.
;
ESCROW AGREEMENT
THIS AGREEMENT is made this 1st day of December
by and between the CITY OF SHOREWOOD (the "City") and
H.N. "Corky" Elsen (buyer) and Steiner and Koppelman (builder)
(the "Obligees").
WHEREAS, the Obligees have agreed to undertake and complete certain obligations within
a time period specified in this Agreement; and
. 19~,
WHEREAS, the City desires to secure this obligation and provide for appropriate fmancial
resources to undertake and complete such obligation in the event of default by the Obligees; and
WHEREAS, the City and the Obligees agree that this Agreement is an appropriate
instrument by which to secure the Obligees' performance and the City's remedy in the event of
default.
.
NOW, THEREFORE, in consideration of the Recitals (which are incorporated herein) and
the mutual covenants contained in this Agreement, the City and Obligees hereby agree as follows:
1) ObIieation of the Oblieees- The Obligees shall undertake and complete the
following obligations (s): Correct driveway at 5290 Howard's Point Road to comply with
approved buildin~ plans and Shorewood zonin~ reQpirements
.
(the "Obligation").
2) Time Period - The Obligees shall undertake, perfonn, complete, and satisfy the
Obligation on or before 1 May , 19~ (the "Completion Date").
3) Escrow of Security - Upon execution of this Agreement. the Obligees shall
immediately deposit with the City cash security, or Letter of Credit in form and substance
acceptable to the City. in the amount of one thousand Dollars ($ 1000)
(the "Security") which is equal to one hundred fifty percent (150%) of the estimated cost of
performance of the Obligation.
4) City Remedy -If the Obligees do not complete performance of the Obligation on or
before the Completion Date (the Default), then the City may elect to undertake and complete the
Obligation of the Obligees and draw upon the Security in an amount necessary to complete the
Obligation. The City shall. within sixty (60) days of Obligees' Default, give written notice to
Obligees of City's intent to (a) undertake perfonnance of the Obligation or (b) waive the City's
right to pursue such remedy pursuant to Section 5 of this Agreement. If the City elects to
undertake performance of the Obligation, it shall complete the same within 30 days of its
notice to Obligees. The City shall return any unused portion of the Security to the Obligees within
sixty (60) days of completion of the Obligation. Notwithstanding the remedy provided in this
Section 4, the City may take additional action at law or in equity to enforce performance of the
Obligation.
5) Waiver of Riiht to Undertake Obli~ation - The City may elect to waive its right to
undertake and complete the Obligation by sending written notice to the Obligees within sixty (60)
days of Obligees' Default In the event that the City waives such right to undertake and complete
the Obligation, the City shall return the Security to the Obligees. In such event. this Agreement
shall terminate upon receipt of the Security by the Obligees.
Exhibit D
CURRENT ESCROW AGREEMENT
Dated 1 December 1994
."
.
.
,
6) Entry Easement - The Obligees hereby grant the City an entry easement. as
reasonably convenient and necessary for the City, to enter onto Obligees' property to allow the
City to undertake and complete the Obligation in the event it elects to pursue this remedy.
7) Indemnification of the City - The Obligees agree to hold harmless and indemnify the
City, their officers, employees, representatives and agents from any and all liabilities, demands,
claims for loss, damage, or personal injury arising out of or from the City's performance of the
Obligation.
8) Miscellaneous Provisions -
(01) Notices and Demands - A notice, demand, or other communication under this
Agreement by either party to the other shall be deemed sufficiently given or delivered if it is
dispatched by registered or certified mail, postage prepaid, return receipt requested,
addressed to the party at the addresses l*sted below. Either party may designate another
party or attorney for receipt of notice under this Section by designating, in writing, and
forwarding such writing to the other party as provided in this Section. In the case of the
City, notices shall be mailed to:
Attention: City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
In the case of the Obligees, notices shall be mailed to:
H.N. "Corky" Elsen
5290 Howard's Point Road
Shorewood. MN 55331
and
Steiner and Koppelman
3610 South Hiihway 101
Wayzata. MN 55391
(02) Successors and Assi&t1s - This Agreement shall be binding upon and inure to the
benefit of the parties and their respective successors and assigns.
(03) Amendment or Modification - No change, amendment, or modification to, or any
extension of provisions provided under this Agreement shall be valid unless in writing and
signed by the Parties to this Agreement.
(04) Law Governing - This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota and enforced in courts having
jurisdiction within the State of Minnesota.
-2-
.
.
..
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CITY OF SHOREWOOD
By:
By:
OBUGEES
By:
-Yr17~~~/
H.N. "Corky" Elsen
Steiner and Koppelman
By:
tJawiI ~
Its: ehti diu. _
3.
. '
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** lel' 39tfd ll::I101 **
FilE COpy
Fax Message
From:
James D. Pisula, IL, Business Manager, Biomedkal Products
COLDERPRODUcrSCOMPANY
1001 Westgate Drive, Saint Paul, Minnesota 55114-1630, U.s.A.
Phone (6]2) 645-0091 FAX (612) 645-6938
This message contains 1 page(s), including this page.
Dt
Brad Nielsen, City of $horewood
Fax DO.. 474..0128
17 March 1994
To:
.
Re:
Site for the South Shore Senior Center
I have walked the site.
.
As I stated at the 7 Marc:h 1994 meeting, I believe that the original site in the northwest
corner is the best location, regardless of the drive )~ga.-
Given the poor soils and attendant need. for pfiings in the wamting houseIhoc:key rl11k
area and the need for extensive site alteration to move the rink to the northwest comer, I
find it difficult to believe that it will be less or equally expensive to relocate the Senior
Cmter &om the original site. '
The northwest comer Center site gives us better utilization of an the space in Badger Park
at the most reasonable cost for the entire park facility.
Money is tight for this profed as it is, and while I appreciate the architect's bringing it up,l
can't support a m.ove based on what I know now.
Please cixcu1ate this note to my Commission and Council colleagues.
Thanks,
lel/tel'd
82:telVt!..17 01 ~69 s~ 2:19
~<T1O:) :)d:) ~ t!..0: St S6, t!.. t ~
MAR 2 0 1995
FilE COpy '. ~
KELLY LAW OFFICES
WILLIAM F. KELLY
MARK W. KELLY
351 SECOND STREET
EXCELSIOR. MINNESOTA 55331
(612) 474-5977
FAX 474-9575
March 17. 1995
Mr. James C. Hurm
C1ty Administrator
City of Shorewood
5755 Country Club Road
Shorewood. MN 55331
.
I note from the local paper that the City Council decided not to spend funds for
soil testing the area proposed to be used for the senior center. Further. I heard
the Mayor suggested that the building might be located in the area of the hockey
rink.
I thought you should know that Badger Park was originally a large swamp -
almost a sink hole. When the Shorewood sewer was constructed. almost 90% of
the dirt excavated as a result of that project was dumped in this swamp - there
was up to 16-18 feet of fill placed in the area and more than two years was
required to permit the fill to settle.
A park was created out of the dump site. The only purpose the principal site
could be used for was athletic fields.
.
You will note that the buildings on the site are located on the fringe of the
property -- not near the center. a ditch was dug around the perimeter of the
football field to help carry off surface water. I find it is usually full. As someone
who watched the development of this area. I really think soil tests are a must to
insure the future use of the senior building.
Sincerely.
"/
WFK/ tas
** T0"3~~d ~~O~ **
Fax Message
Dt
James D. Pisula, Jr., Business Manager, Biomedkal Products
COLDER. PRODUcrS COMPANY
1001 Westgate Drive, Saint Paul, Minnesota 55114--1630, U.S.A.
Phone (61.2.) 645-0091 FAX (612) 645-6938
This message c:ontains 1 page(s), including this page.
Brad Nielsen, City of Shorewood
Fax no. 474-0128
17 March 1994
From:
To:
.
Re:
Site for the South Shore Senior Center
I have -walked the site.
.
As I stated at the 7 March 1994 meeting, I believe that the orlghW. site In the northwest
oomer is the best location, regardless of the drive length.
Given the poor soils and attendant need for pUinp in the warming houselhockey rink
area and the need for extensive site alteration to move the ri:nk to the northwest comer, I
find it c.UHI.cult to believe that it will be less or equally expensive to reloc:ate the Senior
Center from the original site.
The northwest corner Center site gives us better utilization of all the space in. Badger park
at the most reasonable cost for the entire park facility.
Money is tight for this profed as it is, and whUe I appreciate the architect's bringing it up,l
can't support a move based on what I know now.
Please c:ixcu1ate this note to my Commission and Councll colleagues.
Thanks,
T0/T0"d
8GT0V~v O~ 8~69 svg GT9
eJ3mm JdJ eJ::l ~: ST S6, ~ T eJl:j..I
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.
MAYOR
Robert Bean
COUNCIL
Kristi Stover
Bruce Benson
Jennifer McCarty
Doug Malam
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO:
FROM:
DATE:
RE:
Fll..E NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
1 March 1995
Elsen, Corky - Proposed P.U .D.
405 (95.04)
BACKGROUND
Mr. Corky Elsen recently completed construction of a home at 5290 Howard's Point Road (see
Site Location - Exhibit A, attached). The permit for the home was based upon an approved site
plan (Exhibit B) which conformed to Shorewood's zoning requirements for the R-IA1S,
Single-Family Residential/Shoreland district. The approved plan included a driveway with a
"T" turnaround. As part of the fmal inspection of the home it was discovered that the driveway
had been enlarged to loop back to the street, and patios were added on the lake side of the
house which were not shown on the approved plan (see Exhibit C). This results in two zoning
violations: 1) too many driveways for the amount of street frontage; and 2) excess hard cover
area - approximately 35 percent rather than 25 percent.
The applicant was allowed to occupy the structure, subject to his entering into an escrow
agreement in which he agreed to correct the violation (s~ Exhibit D). Mr. Elsen now wishes
to explore alternatives to removing the excess driveway and hard cover. In order to comply
with the intent of the Zoning Code, the applicant proposes to limit the number of driveways
and hard surface area on the vacant lot which he owns to the south of the subject property (see
Exhibit E). To accomplish this he proposes a limited planned unit development (P.U.D.) for
which he has requested a conditional use permit.
The northerly lot with the house on it contains 35,456 square feet of area and has 170 feet of
frontage on Howard's Point Road. Existing hard cover on the site totals 12,666 square feet, or
36 percent. The southerly vacant lot contains 45,080 square feet of area and has 244 feet of
frontage on the street. The applicant proposes to record a protective covenant which would
limit the southerly lot to one driveway and 7468 square feet of hard cover area. These
limitations are set forth in his proposed Declaration and Notice of Restrictions attached as
Exhibit F.
A Residential Community on Lake Minnetonka's South Shore
"-SE
Re: Elsen, Corky
Proposed P.U.D.
1 March 1995
ANAL YSIS/RECOMrv.tENDATION
.
Section 1201.03 Subd. 5.d.(6)(j) of the Zoning Code limits the number of driveway accesses
to one per 120 feet of street frontage. Whereas the applicant's northerly lot (shown as Parcel
A) is allowed one driveway access, the southerly lot (Parcel B) will be allowed to have two
driveways. The applicant proposes to swap the rights of the two properties. This restriction is
set forth in provision 1.) of the applicant's declaration.
Section 1201.26 Subd. 5.a.(5) of the Zoning Code limits the amount of impervious surface on
a lot to 25 percent of the lot area. With 12,666 square feet of hard cover, Parcel A has nearly
36 percent of its area covered with impervious surface. Similar to the driveway issue the
applicant proposes to transfer hard cover rights from Parcel B to Parcel A. Provisions 2.) of
the applicant's declaration addresses this.
It must be stated that this request is stretching the use of planned unit development. The
applicant initially proposed to resubdivide the two lots, gerrymandering the common lot line so
that Parcel A had 240 feet of frontage. This would have resulted in extremely poor lot design,
approval of which would not have been recommended.
Another alternative which was considered was a variance request. The request did not qualify,
however, since reasonable use of the lot could be made and the circumstances necessitating the
variance were brought on by the owner or his representatives.
A liberal view of this request suggests that the two lots, taken as a whole, could have three
driveways, which is what is proposed. Similarly, the two lots could have 20,134 square feet
of impervious surface. If Parcel A has 12,666 square feet of the total allowable hard cover,
restricting Parcel B to 7468 square feet would result in no more than 25 percent for the total
property .
.
It is worth noting that a portion of the hard cover on Parcel A consists of landscape rock over
plastic. Shorewood's policy has been to not count landscape areas if they are covered with
porous landscape fabric. This is important because the proposed 7468 square feet of hard
cover for Parcel B is considered to be unrealistic. A future owner of Parcel B will likely want
more lot coverage than 17 percent. Although the applicant's declaration proposes to allow
additional future hard cover by reducing hard cover on Parcel A, it is recommended. that this
problem be addressed now.' It is suggested that the rock landscape areas be redone with
landscape fabric. The resulting hard cover should then be provided to Parcel B.
If this transfer of development rights is considered reasonable, it is recommended that the
applicant be granted concept and development stage approval for the P.U.D. Final plan
approval should include a revised hard cover calculation based on changing landscape plastic to
fabric. As a last note the protective covenants should be amended to include the City as a
signator. That way, any future amendment of the declaration must involve the City.
cc: Jim Hurm
Tim Keane
Corky Elsen
Jim Parker
- 2-
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Exhibit A
SITE LOCATION
Elsen P.U.D.
748.81 RES
ADVANCE SURVEYING & ENGINEERING CO.
5300 Highway 101
Minnetonka, MN 55345
Phone (612) 4747964
Fax (612) 4748267
February 6, 1995
Attention: Brad Nielson
Honorable Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Horseshoe driveway at 5290 Howard's Point Road
Ladies and Gentlemen:
Corky Elsen would like to have a circular or horseshoe shaped driveway at
4Itis residence. He has caused a set of protective covenants to be drafted
for your review to insure that your ordinances are met on the property that
he owns. He is making application for a PUD on his two adjacent tracts so
that he can take advantage of the total area and frontage of both tracts.
He is vacationing in Florida at this time but has asked me to make
application for him. We have prepared a survey of the properties and
attach that to our application. He asked me also to mention to you that
there are other properties in the neighborhood with more than one driveway
entrance that do not meet the ordinance requirement of 120 feet per drive.
He intends to meet that requirement for the PUD but points out the other
properties to show that a double entrance driveway would not be out of
character for the neighborhood. A couple of examples would be 5270 (right
across the road) and 5285 Howards Point Road.
.
Unfortunately, Corky was unaware of the 120 foot per driveway requirement
when he built the driveway on one of his parcels but wants to do what is
required to make the situation right. He has indicated that he can return
from Florida for your meeting if you think it would be helpful.
Sincerely,
ADVANCE SURVEr~ riGINEERING CO.
~/VV\?j l.+--~~
( James H. Parker, P.E. & P.S. No. 9235
J
Exhibit F
APPLICANT'S REOUEST LETTER
Dated 6 February 1995
DECLARATION AND NOTICE 01'
RBS'rRJ:C'1'IONS
THIS DECLARATION is made this day of
1995, by Herman N. Elsen and Elaine M. Elsen, (hereinafter
referred to as "Declarants").
A. Oeclarants are the owners of the Northerly and
Southerly Parcels, legally described on Exhibits A and B at-
tachea hereto and made a part hereof.
B. Declarants desire to impose certain covenants, con-
ditions, and restrictions, affecting the Northerly and South-
~ erly Parcels as follows.
DECLARATION
NOW, THEREFORE, Declarants hereby declare that the
Northerly and Southerly Parcels are, and shall be trans-
ferred, held, sold, conveyed, occupied and developed, subject
to the following restrictions:
1.) No more than one driveway entrance providin9 in-
qress and egress to and from the public road abutting the
~ Southerly Parcel shall be constructed on the Southerly Par-
cel.
2.) The amount of "hard surface", as defined by Ordi-
nances of the City of Shorewood, on the total Planned unit
Development, consisting of both the Northerly and Southerly
Parcels, shall be limited to no more than 20,134 square feet.
As of the date h~reof,
the amount of hard cover o~ the
Northerly Parcel is 12,666 square feet. Unless and unti: the
OWners of the Northerly Parcel agree by written instrument to
..
reduce the amount of existing hard cover on the Northerly
Parcel, the maximum amount of hardcover on the Southerly Par-
cel is limited to 7,468 square feet. In the event of an
agreed reduction, for every square foot that the Northerly
Parcel ground cover is permanently reduced, the hard cover
allowable on the Southerly Parcel is to be increased a com-
mensurate amount.
IB WITNESS WEBRBOr, the Declarants have caused this Dec-
laration and Notice to be duly executed.
Herman N. Elsen
Elaine M. Elsen
.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of
,
19
by Herman N.
Elsen
and Elaine M. Elsen, husband and wife, as Declarants.
Notary
. This Instrument drafted by:
STANDRE, GREENE, , GREENSTEIN,
17717 Hiqhway 7
Hinnetonka, Minnesota 55345
eOHsmrr
.-:
The undersigned mortgagee, of the Southerly and/or
Northerly Parcels, hereby consents to the foregoing Declara-
tions and Notice of Restrictions.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
.
The toreqoing instrument was acknowledged before me this
day of
, 19_ by
a
,
on behalf of
Notary
.
.
.
EXHIBIT A
LEGAl" DESCRIPTION OF NORTHERLY PARCEL:
That part of Lots 4, S, 7, and 8, Howards Point, Hennepin County, Minnesota described as
follows:
Commencing at the northeast comer of Lot 3 in said Howards Point; thence on an assumed
bearing of West along the North line of said Lot 3 a distance of 100.80 feet; thence on a bearing
of South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of 202.80
feet; thence South 47 degrees 28 minutes East a distance of 133.30 feet to the point of beginning
of the tract of land to be described; thence continuing South 47 degrees 28 minutes East a
distance of 287.50 feet; thence South 13 degrees 47 minutes East a distance of 126.52 feet;
thence North 71 degrees 45 minutes West a distance of 186.40 feet; thence South 65 degrees 49
minutes West a distance of 163.80 feet, more or less, to the shore of Lake Minnetonka; thence
northwesterly along the shore of Lake Minnetonka to a point in a line bearing South 60 degrees
42 minutes West from the point of beginning; thence North 60 degrees 42 minutes East a
distance of 209 feet, more or less, to the point of beginning;
Which lies northerly of the following described line:
Commencing at the northeast comer of Lot 3 in said tlowards Point; thence on an assumed
bearing of West along the North line of said Lot 3 a distance of 100.80 feet; thence on a bearing
of South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of 202.80
feet; thence South 47 degrees 28 minutes East a disumce of 303.30 feet to the point of beginning
of the line to be described; thence South 67 degrees 52 minutes 58 seconds West a distance of
282 feet, more or less, to the shore of Lake Minnetonka, and there terminating.
.
.
EXHIBG B
LEOAL DESCRIPTION OF SOUTHERLY PARCEL:
That part of Lots 4, 5, 7t and 8, Howards Point, Hermepin County, Minnesota described as
follows:
Commencing at the northeast comer of Lot 3 in said Howards Point; thence on an assumed
bearing of West along the North line of said Lot 3 a distance of 100.80 feet; thence on a bearing
of South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of 202.80
feet; thence South 47 degrees 28 minutes East a distance of 133.30 feet to the point of beginning
of the tract of land to be described; thence continuing South 47 degrees 28 minutes East a
distance of 287.50 feet; thence South 13 degrees 47 minutes East a distance of 126.52 feet;
thence North 71 degrees 4S minutes West a distance of 186.40 feet; thence South 65 degrees 49
minutes West a distance of 163.80 feet, more or less, to the shore of Lake ~fiIU1etonka; thence
northwesterly along the shore of Lake Minnetonka to a point in a line bearing South 60 degrees
42 minutes West from the point of beginning; thence North 60 degrees 42 minutes East a
distance of209 feet, more or less, to the point of beginning;
Which lies southerly of the following described line:
Commencing at the northeast comer of Lot 3 in said Howards Point; thence on an assumed
bearing of West along the North line of said Lot 3 a distance of 100.80 feet; thence on a bearing
of South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of202.80
feet; thence South 47 degrees 28 minutes East a distance of 303.30 feet to the point of beginning
of the line to be described; thence South 67 degrees 52 minutes 58 seconds West a distance of
282 feet, more or less, to the shore of Lake Minnetonka, and there terminating.
r
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.
.
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Rqb Daugherty
Daniel Lewis
Bruce Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
.MEMORANDUM
TO:
FROM:
DATE:
RE:
FTI..E NO.:
Planning Commission
Brad Nielsen
11 October 1994
Fence Requirements - Nonconforming Swimming Pools
Zoning - Part I: Fences
The attached memorandum, dated 8 September 1994 (Attachment 1), has been referred to the
Planning Commission for study and a recommendation.
As with any proposed ordinance amendment, the fIrst thing we check is how the issue is handled
in other communities. Attachment 2 is a summary of how several other communities regulate
swimming pools.
There is no record of how many pools exist in Shorewood without fences. Staff is aware of
perhaps six properties which do not comply with current requirements. One of those is being
required to erect a fence as part of a major remodeling project. At least one property was granted a
variance in 1980 (see Attachment 3), subject to the owner signing a hold harmless agreement in
favor of the City.
Although the study session on Tuesday is not a public hearing, Mr. Daniel Lundgren has asked to
address the Planning Commission. Pat Carrothers, one of the residents who object to changing the
City Code, has also requested to speak to the Commission (see Attachment 4).
As we begin discussion on this issue please contact me if there is additional information staff can
provide for your review.
cc: Jim Hurm
Tim Keane
Daniel Lundgren
Pat Carrothers
Virginia Anderson
A Residential Community on Lake Minnetonka's South Shore
'-SF l
-4
CITY OF
SHOREWOOD
MAYOR
Baro. Brancel
COUNCI L
Krist; Stover
Rob DaughertY
Daniel Lewis
Bruce Benson
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · {6121 474.3236
:MEJ.\lfORANDilltl
.
TO:'
FROM:
DATE:
RE:
Lundgren, Daniel - Consider Zoning Code Amendment Relative to Preexisting
Swimming Pools Without Fences
Mayor and City Council
Brad Nielsen
8 September 1994
FILE NO.:
Zoning (Chapter 1201.03 Subd. 2.f.)
.
Section 1201.03 Subd. 2.f. of the Shorewood Zoning Code requires swimming pools to be
enclosed by a minimum four-foot high, nonclimbable fence with self-closing gate. There are at
least three residential pools of which staff is aware that existed prior to the adoption of the fencing
requirement and do not comply with the requirement. One of those is currently being required to
comply as part of an-extensive remodeling permit.
Mr. Daniel Lundgren, 5520 Sylvan Lane, contacted our office to inquire about the City's
enforcement policy relative to swimming pool fences. He was informed that such fences are
"grandfathered in" when the pool existed prior to adoption of the current fencing requirements. As
such they are treated the same as other nonconforming uses, with one exception. Based upon legal
advice from the City Attorney, staff sends a letter (see ExhIbit A, attached) to owners of
nonconforming pools, advising them of the current fence requirement, and that their property does
not comply. This simply puts the owner on notice that the pool doesn't comply - it does not
require the owner to comply.
In his letter to the Council (Exhibit B), dated 2 August 1994, Mr. Lundgren urges a more
aggressive policy toward nonconforming swimming pools. It should be noted that theeurrent
Code is. being strictly enforced. What Mr. Lundgren asks is that the Code be amended to eliminate
the "grandfather rights" for swimming pool fe~cing.
Upon discussion with the City Attorney, he advises that the Code can be amended to retroactively
require pooL fencing. This requires an amendment to the Zoning Code, a public hearing and
review by the Planning Commission, and four-fifths approval by the City Council.
If the Council concurs with Mr. Lundgren, it is recommended that the issue be referred to the
Planning Commission for review and recommendation.
If you have any questions relative to this matter, please contact me prior to Monday night's
meeting.
cc: Jim Hurm
Tim Keane
Daniel Lundgren
A Residential Community on Lake Minnetonka's South Shore
Attachment 1
MAyOR
i"'\ "~I'JnC=1
G F I C . C'L
- . to~er
Rob aughertV
Daniel Lewis
Bruce Benson
CITY OF ----
SHOREWOOD .' . ~
5755 COUNTRY CLUB ROAD · SHOAEWOOO. MINNESOTA 55331-8927 · (6121474-3236
13 July 1994
.. ..._.,.....~ . _ ...... r.~__..... ,......" .~
Shon:wood, ~ 55331
.
Re: Swimming Pool-
P.I.N. 32-117-23
r
Dear Mr. 1.
Our office has received a complaint that a swimming pool on the above-referenced prope.'1:y
is not enclosed by a minimum four-foot high, nonclimbable fence as required by City Code.
Upon discussion with the City Attorney, he recommended that the owner of the property be
notified of the City's regulations. I have enclosed City Code Section 1201.03 Subd. 2.f.(7)
which provides "outdoor swimming pools with a capacity of one thousand five hundred
(1,500) gallons or with a depth of three feet (3') or more of .water shall be adequately fenced
to prevent uncontrolled access from the street or adjoining property. Such pools shall be
completely enclosed by a nonclimbable fence at least four feet (4') in height. "
.
If you wish to discuss the City's regulations or apply for a fence permit, I would be happy to
meet with you. If you are interested in meeting, please call to arrange an appointment.
Sincerely,
CITY OF SHOREWOOD
~6Jf:"( 7-~
Bradley J. Nielsen
Planning Director
,
,
....- .
cc: Jim Hurm
Tim Keane
A Residenrial Communiry on Lake Minneronka's South Shore E.~h.a b.,t ^
~...
t201.03
L 201.03
lhe extent of more lhan cwency rive percent (:5%) in any plane. chen
without curther action bv the CounciL me rence shalL from and after che
date or said damage. be subject co ail che regulations specified by these
zoninlZ rezuiations. .~v fence which is dJ.malZed to an extent of less than
cwenry fi,7e percent (25%) may be restOred co ics former extent. [t is the
imene of chis Section chat all aoncon!orminlZ fences shall be evenruall v
brou~ht inca conformicy. (Ord. 227. 6-11.90) - .
(6) Prohibited Fences: E!ectric fences shall not be permiC'Ced.
Barbed wire fences shall not be permitted except as hereinafter provided.
Fences of the oicket. rail or slat cvoes shall be so constrUcted chat the
spaces becween the picketS. rails or slacs shall be greater chan cwelve
inches (12") or less than six inches (6"). .
Wire fences which are [lot readily visible shall be prohibited except where
acrached co a wooden .or ocher fence of opaque material which is itSelf
plainly visible.
.
(7) Required Fences: Swimming Pools: Outdoor swimming pools
wich a c:lpacicy of one thousand five hundred (1.500) gallons or with a
depch of chree feet (3') or more of water shall be adequately fenced to
prevent uncontrolled access from the street or adjoining property. Such
pools shall be completely enciosed by a nondimbable fence at lease four
feet (4 ') in height. (Ord. 168. 6-24-85)
.
(8) Shoreline Fences: No fence shan be -allowed within che
shoreline setback area as specified in Section 1201.26 Subd. 5a(3) or this
Ordinance. [n addition. fences on or adiaceot to the shoreline of any
navigabie lake. channel or stream. or on or along that portion of a loe line
extending from a navigable lake. channel or stream to the (lear side of the
averalZe : buildinlZ construction line. shall (lot exceed four feet (4 ') in
height. (Ord. 217, 6-11.90)
(9) Residential District Fences:
(a) Boundary Line Fences: [n all parrs of Shorewood which are
zoned residential, no boundary line fences shall exceed four feet
(4') in height except thac:
i. Fences on all comer lotS eree"..ed within thirtv feet
(30') of the intersecting property line shall be subject to
subdivision 2h of this Section.
ii. Fences along any rear property line which is also
the rear property line of an abucting lac shall noc exceed six feet
(6') in hei!Zht: and
iiL Fences along a rear property line, which line
constitutes che side lac line of an aburcinlZ lac shall noe exceed six
feet (6') in height ror a disLance as cafculated in iv below and
shall not exceed four feet (4') in height when aburcing a front yard
line. (Ord. 168. 6-24-85)
~cr
_ :J
City 0; Shorewood
~ -;
August 2, 1994
Shorewood City Council
5755 Country Club Road
Shorewood MN 55331
CiO Mr. Bradlev Nielsen
Planning Director
.
Attn: Shorewood City Council Members
From: Dan Lundgren
5520 Sylvan Lane
Shorewood MN 55331
Tel: 470-5732
Fa"'( 470-2196
--------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------
.
My wife and I have three daughters ages seven. four, and two. I have recently reviewed the city
code regarding pools with a number of individuals at Shorewood City Hall and I was advised by
a city inspector that two properties adjoining mine are in clear violation of the ordinance relating to
the enclosure of swimming pools. In the case of one of the properties there is no barrier at all.
Another very disturbing fact is that the individuals at this same property reside out of state for a
portion of the year, leaving their pool unattended.
I have spoken with the resident without any fence and their objection to bringing the property up to
code appears to be based solely on aesthetics. Having lived in other parts of the country where
pools not only need to be fenced, but surrounded by 6 foot high masonary walls, I understand the
seriousness of this violation. The fact is, these municipalities understand the clear danger of
unrestricted swimming pools where drownings can occur quickly and silently.
An unfenc...--d pool presents a clear danger which is very attractive to very young children. There
must be some way that our progressive community which is obviously concerned about public
safety can enforce this law and avoid the possibility of future tragedy. Let's use common sense,
do the right thing, and make the community safer for our kids.
Please let me know what the next steps are in enforcing ordinance 168.
Enclosed please find a recent article from the Minneapolis Star Tribune on this issue.
Best regards, .::::;-,--..
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Mayo places
fruits, vegies
:in all-star list
'lfe Mayo ClInic in Roctlester.
~inn.. has come up with a list ot
vii all-star fruits and
.,getables.
1~a1th excerts long ha~e racorn-
,ended that you eat at (east five
erving3 ot fruits and vegetables
very day.
..AlthoUgh we
recommend that
you eat a variety
ot fruits and .
vegetables.
we've pid<ad a
crop of 'all
stars: .. the
layo IC Health Latter says.
An all star contains a comb.na-
on ot key vitamins and tiber
lat may help delay dlsease.-'
layo's alF-star list:
: BroccolL
MangO.
Papaya.
StrawtJenies.
Turnip greens.
ung probtem
~e lungs of children whose
others smoked during preg-
Incy take in less air tI'Ian chil-
'8n of non-smoldng motl'lers.
:cording to a study by Harvard
nive~researd1ers.
,e ~ 8.863 children ages
to 12 found pregnant smokers'
lildren had an average ot 5
Ircant less fur.g C3l'C1City ihan
lildren whose mothers didn't
~ke.
Ie reduced air flow in chit-
en's lungs could make them.
ore susceptlble to respiratory
lesS. the researd1ers said.
ley also said the Iun9 damage
l8fI1ed to occur In the first tri-
aster of pregnancy. during the
Ivelopment of tI'Ie airways in a
tus'lungs.
lat means the damage could
done before a woman real-
IS she is pregnant. the re-
Ilfchers noted. The findings
're rtlportsd in the American
umal of Epidtlmiology.
alp for MS patients
I antl-leukemia drug devel-
ed at the ScrIpps Aesearch
ltItute in San Diego. Calif.. ap-
,ars to halt the advanCe of the
ronie, progressive form of
lItiple sclerosIs. a form for
~ch there is currently no ac-
oted treatment. the research-
; reported. But some impor-
It questions remain.
~U' H'~!E9 a'~~" .~f"'''':?J ..~:.
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DANGER!
family pools
may be fatal
to little kids
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P oots are great
fun but they are
also a responsi-
bility. As resi-
dential pools have pro-
Oferated. so has the
opportunity for
tragedy.
Davis Medical Canter
in Sacran18nto.
The slats should be
vemeal and spaced 4
inches or less apart.
and the fence should
have no foothOldS or
handholds. If cyclone
fencing Is used. the
holes should be no
wider than 1 ~ inenes.
There shouid be no
more than 4 inches of
space between the
bottom of the fence and the ground.
Personal health
Whiie In recant years
there hes been a de-
dine in drownlngs
among teenage boys.
there has been no
comparable drop In
drowning deaths amOl'lQ young children, most of whom
succumb in fan1i1y P'".JOIs.
In 1986, a study by the Consumer Product Safety
Commission showed that 630 people droWned In bad<
yard swtmmfng pools. and 330 at them were under the
age at 5. Three-fourtl'ls at tI'Ie children under 5 were 3
or under. .
Jane E. Brody
A child's risk at drowning is much greater than most
people realize. In a survey at American grade-school
children conducted in the mid-1970s. 15 percent said
they had had a near miss In the water at least once
during tI'Ie previous year.
Smatler kids are most at risk
Children under the age ot 5 are 14 times as likely to die
in a pool as in a motor vehlde. Of those who survive
near-drownings, many are pennanentfy brain
damaged.
Unfortunately, for too many parents, grandparents and
others who have residentlai pools. the only satety
measures are warnings to children about not going
near the pool alone.
The commission's study revealed telDng drcumstancas
surrounding the pool-reIated deaths of young children.
Two-thlrds occurred In the family pool and OnlHhlrd In
pools owned by friends or relatives.
Nearly halt the children were last seen in the house
and nearly a quar18r we", last seen In the yard or on
the porch or patio; no one knew the youngsters had
gone near tI'Ie pool. Only about one-third ot the chil-
dren were in or around the pool just before drowning,
The lessons to be learned from these stat1stlcs Indude
the facts that di'cwning accidents happen very qulckfy,
in tamiDar surrqundIngs and during very short lapses in
supervision.. .
Vigilance of a caretaker is essential
There are no crfes for help to alert caretakers tI'Iat a
small child Is in 1roUbIe in the water. The only.effectlve
prct8CtIon Is to ensure tI'Iat children cannot gat near a
pool without being accompanied by a responSible and
trained caretaker whose attenlfon IS not d/strac;ed by
phone Calls. door bells. reading matter or the care of
other cI1IIdren who are not In the pool.
WhIle many communlUes have safety regulations gov-
erning residential pools. It Is the pool owners ",spon-
Slbillty to adopt tI'Iese minimal satety standards: .
. Fence It In. A fence or compll/'8bfe barrfer completelt
surrounding the pool is tI'Ie best praventlve, reducing
the r1sk of pool drcwnfngs by abOut 70 percent. an
Australian study showed. It Is just as Im!)ortant to
fence in an abov809fOUl1d pool as an in~ound pool.
since a sma/I child can easily climb tI'Ie ladder and fall
. Into the water.
The minimum fence height recommended by tI'Ie Con-
sumer Product Satety Commission is 4 feat however,
20 percsnt at 3-year-olds and 62 percent at 4.-year-
aids are able to climb such fences. Thereto"" a taller
fence, at least 5 feat high, Is muc:l1 more effective. said
Dr. Garen J. Wintemute of the University of California-
Fendnq that encloses tI'Ie yard or patio as well as the
pool is not adequate if children have access to.th"e
areas. Neither shOUld a wall ot the house be used as
one side of the barrier, unless the door leading from
the house is kept lod<ed at all times and protected with
an alarm should it be inal'Proprlately opened. The key
pad or switch for d/sanming the alarm should be well
out at children's reach.
The gate at the pool fence should close automatically,
open away from the pool and be secured by a self-
latching mechanism that is out of the reach of small
children.
Some safety tips from the experts
. Cover It. Some physicians. Oke Or. Glen C. Grifftn. a
pool owner in Minneapolis. favor motorized pool cov-
ers in addition to fences to keep unsupervised young-
sters out at pools. He worries about the many childran
'NilO manage to gain access to pools even when tI'Iey
are fenced in. "Anytime an adult Is not In our pool. or
an adult who can swim is not by its side carefully
watching young swimmers. we dose our pool cover."
he said. .
Pool covers can be Installed over most (n-ground
pools. Be sure to remove the protective cover (and any
solar pool cover used to heat the water) completely
when the pool is in use and remove water that may
collect when the pool is covered,
. Remain vigilant. Children in or near pools must be .
watched constantly by a responsible and well-informed
caretaker. A momenfs lal'se can sl'ell disaster. Never
assume that a child who has taken swimming lessons
or is using a f1otatlon device can safely be left unat-
tended. even just to answer the door. For added . .
security when the carataker Is not nearby in tI'Ie water,
cI1iIdren who are not good swimmers could Wear
property fitted Coast Guard-approved flotation vests.
which keep their heads above water.
. Prepare for emergencies. In addition to the standard
ladders or steps to help P8Ol'ie climb out of pools.
there should be a circular buoy on a rope. a long-
handled hook and a rescue ladder at the poolside. A
poolsicfe telephone wItI1 emergency phone numbers
posted next to it Is both a convenience and a c:titfcal
safety feature. Anyone in charge ot children playing In
or near water should be trained In cardiopulmonary
resuscitation and be prepared. to use it the moment a
ctllld Is. pulled from the water.
. . 'ObServe other s.1ety measures. Keep toys like
tricycles and baits away from poOlS. 00 not permit
horseplay in the water. Children should not be allowed
to dunk each another, push eac." ottler into the water
or yell in lest for help. Marl< the pool's deeo end and,
preferably, use a f10aUng pool rope to denote where
the water would be above the children's chins. Never
permit diving at the shallow end or from the sides of
the pool or Into an above-ground pool.
Jane Brody write. about health and medicine for the
New York nmes.
..,
~."
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Last
An: 'IOU one ,-
became d head:J
The Hadach
in die Piller But!.
has joined the pr
Call UI codav.
our padenlS exp'
lion. Medica 0..
now CDftIS Hea<.:
time CD enjoy lif.
dOC E. 28th SUe
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L
SURVEY OF OTHER CITIES REGARDING:
NONCONFORNITNGS~GPOOLS
APPLE V ALLEY - same requirements as Shorewood. They are not aware of any unfenced
pools within their City.
BLOOMINGTON - same requirements as Shorewood - they are not aware of any
nonconformities.
CHANHASSEN - same requirements as Shorewood adopted in 1986, but they are not
aware of any nonconformities.
.
EDEN PRAIRIE - adopted a separate Chapter of their Code regulating fences for pools
which prohibits any nonconformities.
EDINA - same requirements as Shorewood. They are not aware of any nonconformities,
but would not allow any "grandfathered" nonconformities, as a matter of policy.
DEEPHA YEN - they do nQ! have any requirements for enclosing pools, despite complaints
from their residents.
GOLDEN V ALLEY - same requirements as Shorewood. They would not allow
"grandfathered" nonconformities, as a matter of policy.
MINNETONKA - they do not consider" grandfather" clause to be in the best interests of
public safety and prohibit nonconformities through their Construction Requirements which
state that outdoor existing or proposed pools must be enclosed ...
W A YZA T A - same requirements as Shorewood, and they are not aware of any
nonconformities.
.
PL YMOUTH - same requirements as Shorewood adopted one and one-half years ago.
They are not aware of any nonconformities, but would consider them to be grandfath~red
in with the homeowner assuming liability.
ORONO - they do nQ! have any requirements for enclosing pools.
Attachment 2
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
JULY 28, 1980
Council Chambers
5755 Counery Club Road
7:30 P.M.
MINUTES
CALL TO ORDER
The regular meeting of the Shorewood City Council was called by Mayor
Frazier at 7:30 P.M. on July 28, 1979 in the City Council chambers.
PLEDGE OF ALLEGIA1~CE
Meeting opened with Pledge of Allegiance, followed by prayer.
ROLL CALL
Council members present: Mayor Frazier, Keeler, Haugen, & Shaw.
Absent: Naegele. Staff present - Attorney Kelly, Attorney Sanders,
Engineer Norton, and Clerk Wiltsey.
,APPROVAL OF MINUTES
Moved by Shaw, seconded by Keeler, to approve the minutes of July 14th
with an addition - to show that Councilwoman Haugen returned after the
deliberation on the railroad right-of-way.
BUILDING PERMIT FOR SWIMMING POOL- STEVEN ANDERSON
Mrs. Steven Anderson, 5525 Grant Lorenz Road, was present requesting a
variance to the fence ordinance to permit construction of a swimming
pool without a fence. After discussion, it was moved by Haugen, seconded
by Keeler, to grane the variance subject to certain conditions:
l} Install screening at the pool at the front driveway.
2} Sign a hold harmless agreement with the city.
Motion carried unanimously.
FENCE PERMIT - Mlm~EWASHTA ELEMENTARY SCHOOL
An application for a variance to the fence ordinance to allow for a 5'
fence at Minnewashta School was received from the Business Administration
of the Minnetonka School District. After discussion it was moved by
Keeler, seconded by Shaw, to approve the 7' fence as requested. Upon
vote, the motion failed by a 3 to I vote. Keeler voted aye, Frazier,
Haugen, and Shaw voted nay.
To clarify the denial, council asked that the reason be given
that they felt a higher fence was needed to remedy the present problem _
that money would be wasted in replacing a 5' fence with a 7' fence~
. .
SIGN PERMIT - I.C.O. for Conoco
A~ application for a sign permit was received from I.C.O. for a IrCONOCO"
s~gn. ,The matter had been referred to councilman Naegele for his recommen-
dation. Moved by Haugen, seconded by Shaw, to table the application until
a plot plan is received and a report from Councilman Naegele.
Motion carried unanimously.
~TOP SIGN - COUNTRY CLUB ROAD'at YELLOWSTONE TRAIL
A petition was received from Paul Swanson, containing 26 signatures, and
~ request to installalation of a :rStop Sign" on Country Club Road at the
Lntersection of Yellowstone Trail. Moved by Keeler, seconded by Shaw, to
approve the placement of the stop sign on the west side of Country Club
Road at the intersection with Yellowstone Trail. Motion ______-' _.1 .
Attachment 3
-/-
HOLD HARMLESS AGREEMENT
Shorewood, ~~nnesota
August 1
, 1980.
.
It is the intention of the undersigned to construct a
swimming pool on our homestead property L."'l the Ci 1:]; of
Shorewood, described as:
Lot 1, Block 1 EX ST
Birchbluff ~Y'oods
We have heretofore requested a permit to build the
same, together with a variance under the ordinances which
would relieve us from enclosing the swimming pool w-i th an
appropriate size fence.
.
In consideration of granting to the undersigned the
needed variance to allow the pool.to be built without
enclosing the same with a fence, we do herewith covenant and
agree to hold harmless the City of Shorewood, its agents and
contracting carriers from any claim or demand which may arise
OU4 of the construction of the swimming pool without an
enclosed fence, and do agree to reimburse the City of Shore-
wood or their agents for any expense which they may incur as
the result of claims arising out of the construction of the
swimming pool without enclosing the same with a fence.
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Attachment 4
L
MAYOR
RObert Bean
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Bruce Benson
Jennifer McCarty
Doug Malam
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
2 March 1995
Proposed Zoning Code Amendment - Swimming Pool Fences
405 (Zon. Ord. - Part I - Fences)
Notice has now been sent to all property owners known to have a nonconforming swimming pool
fence. Properties adjacent to those with nonconforming fences have also been notified. A copy of
the notice is attached.
CC: Jim Hurm
.
A Residential Community on Lake Minnetonka's South Shore
61="
.
.
.
~
LEGAL NOTICE
PUBLIC HEARING
CITY OF SHOREWOOD
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Shorewood will hold
a public hearing in the Council Chambers of the Shorewood City Hall. 5755 Country Club Road.
Shorewood. Minneso~ on Tuesday, 7 March 1995 at 7:00 P.M. or as soon thereafter as possible.
The purpose of the hearing is to consider an amendment to the Shorewood Zoning Code which
would require all swimming pool fences which do not comply with current zoning requirements to
be brought up to Code at such time as the property on which the swimming pool is located changes
ownership.
Verbal and written comments will be considered at that time.
Anyone having questions relative to this matter may contact Brad Nielsen. Planning Director. or
Patti Helgesen at 474-3236.
City of Shorewood
JAMES C. HURM
City Administrator/aerIe
To be published 22 February 1995 (Sailor)
The above notice is being sent to residents whose property
contains a pool which is either not enclosed by a fence, or in
which the fence does not meet Code requirements.
\ FEB 2. 8 \995
February 27. 1995
.
Mr. Brad Nielsen
Planning Director
City of Shorewood
5755 Country Club Road
Shorewood. Minnesota 55331
Dear Mr. Nielsen:
This is in response to the proposed ordinance change
regarding the enclosing of residential swimming pools with
fences.
.
We live next to a neighbor that has a pool that is not
surrounded by a fence at all. W~ have grandchildren and are
concerned about the danger of the open unattended pool. It
is questjonable if we would have bought this home last
year if we would have known about this situation since it
was covered by snow and we were unaware of it.
We agree that fences should be brought UP to date when
ownership changes place. If there in no current fencing
around the pool we think that part of the ordinance change
should be to give the current owner a time period to install
a fence as this dangerous situation could go on for many
years if there is no change of ownership.
Sincerely.
pf)J{f~ f ~ [J~
Richard and Mary Hilgers
5355 Elm Ridge Circfe
- ----.
~itlly 51. :?Ifinic
glllY 51. 9Hi,,'ic
M41? -, J .
/995
Planning Commission
March I; 1995
Page 2
March I, 1995
became effective upon my transfer or sale of the
property.
Planning Commission
City of Shore wood
5755 Country Club Road
Shorewood, MN 55331
3. Aesthetics - The pool and yard have
recently been professionally landscaped. A fence of
any size or description would be a detriment to the
present design and appearance.
Dear Commissioner:
4. Shoreline Setback - A fence
surrounding my pool may violate the shoreline
setback area ordinance.
I have been the owner of the single family home
located at 5325 Elm Ridge Circle, Shorewood since
1985. On my property is an in-ground swimming
pool located between the house and the shoreline of
Lake Minnetonka. : .. .
I am strongly opposed to your proposed amendment
to the zoning code which would require a
swimming pool fence, for several reasons:
5. Diminished Property Value - When I
purchased the property, one of the attractive features
was the lakeside pool and the views from the pool
area. A fence would adversely affect the views and
likely reduce the value ofthe property.
f or all of these reasons, I am opposed to any
changes in the current zoning code.
I. Deed Restriction - The adoption of
the amendment would, in effect, become a deed
restriction affecting my ability to sell or transfer the
property.
Sincerely,
2. Cost - The cost of the fence, if
required, would be several thousand dollars and
would likely be borne by me even if the requirement
l
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R. Gary St. Marie
5325 Elm Ridge Circle
Shorewood, MN
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March 14, 1995
MAR \ 3 \995
Karen J. Zubert
5320 Elmridge Circle
Shorewood, MN 55331
Mr. Jim Hurm
City of Shorewood
5555 Country Club Rd
Shorewood, MN 55331
Dear Mr. Hurm:
I attended a planning commission meeting on March 7 pursuant to a letter I received from you regarding
the possibility of the city amended the ordinance requiring fencing around swimming pools. I received this
notification iust a few days prior to this meetin~.
.
I myself do not have a swimming pool, however, I live next door to a family with a swimming pool that
has been in existence for about 25 years. I myself have resided in my house for 19 years (since my child
was 3 weeks old) and this house has been within "wandering distance" of three swimming pools in my
neighborhood. As a parent I know there can be possible problems living on the lake as well as near
swimming pools, but chose to do so. My point is that the lake as well as the pools were in existence when
we chose to build our house, this was not a surprise to us and we knew we would probably have to be a
little more diligent in watching our child because of these "attractive nuisances", I did not expect my new
neighbor to take the responsiblity of seeing my child was safe!
At the planning commision meeting I spoke, along with several residence against amending this code.
There were no residents at this meeting that were for this amendment. The commision, after a short
discussion, proceeded to vote for this amendment. No one at this meeting was in favor of this
ammendment except for three planning commission members. Who are they working for? Those
members cited the "attractive nuisance" theory of having a pool. If the City of Shore wood passes codes
under the "attractive nuisance" theory, then I must insist that an amendment be passed that all residents
with trampolines in their yard must have a similar fencing code as my attorney informs me that trampolines
also fall under the "attractive nuisance" theory.
.
If the neighbor is forced by your amendment to fence in their pool (upon sale of their house) this would
seriously ruin a good portion of my lake view, thereby decreasing my property value. Will the City be
responsible for this devaluation?
Ihave been told that the council will be voting on this amendment on March 27, however there will not be
open discussion on this proposed amendment at that time. I think that this has been railroaded by the City
and has been forced upon us without consideration of the the affect on residents that bought or built homes
based on the current codes.
I am very much against this amendment! Next, the city will be looking into fencing in the entire lake!
S~IY_~
~=1r
c Shorewood City Council Members
.
DEAN AKINS
27720 Island View Road
Shorewood, MN 55331
MAR I 7 1995
March 16, 1995
.
City of Shorewood
Council MemberslPlanning Staff
5755 Country Cub Road
Shorewood, MN 55331
Re: Swimming Pool Ordinances
Please consider two possible revisions:
1. The ordinance should state a four foot high fence or "reasonable equivalent".
Often these pool areas include landscape features such as retaining walls, decks
elevated above grade, heavy shrubbery, etc., that may restrict access better than a
four foot fence. Landscape designers should have some flexibility in accomplishing
the desired safety goal along with desired esthetics.
2. In some instances, it would seem reasonable that lakeshore could substitute for one
section of fence. If the only access is via water or from one's dock, the pool would
not be any greater hazard than the water or dock that the pool visitors would pass
over. Also, some lake shore lots have an embankment that would restrict access.
The required four foot fence along the lakeshore might be undesirable from a view
standpoint. As in 1. above, landscape features might do a better job than the pre-
scnbed fence.
.
All pool owners are (should be) very concerned with safety and the hazard aspect. Most
would like some fleXibility in providing both good safety and esthetically pleasing designs.
Thank you for your considerations.
SinC~~V\ ~ J
DeanM. Akins ~
DMA:de
.
.
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1201 OF THE
SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1:
read:
Section 1201.03 Subd. 2.f.(7) of the Shorewood City Code is hereby amended to
"Required Fences: Swimming Pools: Outdoor swimming pools with a capacity of one
thousand five hundred (1,500) gallons or with a depth of three feet (3') or more of water
shall be adequately fenced to prevent uncontrolled access from the street or adjoining
property. Such pools shall be completely enclosed by a nonclimbable fence at least four
feet (4') in height. (Ord. 168,6-24-85)
Ail swimming pools which existed prior to 1 July 1985, but which do not comply with the
fence requirements herein, shall be brought into conformance with this section upon change
of ownership of the property on which the pool is located. The City may record notice of
this conformity requirement on all parcels of land on which nonconforming fences are
located. "
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this
day of ,199_.
Robert B. Bean, Mayor
ATTEST:
James C. Hurro, City Administrator/Clerk
Note: Italics indicate text which has been added. 8ttJeeouts indicate text which has been deleted.
-'sn
.
.
RESOLUTION NO.
A RESOLUTION ADOPTING THE 1995 COMPREHENSIVE PLAN UPDATE
FOR THE CITY OF SHOREWOOD
WHEREAS, the City of Shorewood adopted its Comprehensive Plan in 1981, in
compliance with the Mandatory Land Planning Act; and
WHEREAS, the Planning Commission has undertaken a complete update of the
Comprehensive Plan; and
WHEREAS; the Comprehensive Plan Update was presented on an informal,
informational basis to neighborhood groups and property owners in four individual
meetings in the Shorewood City Hall from 30 January 1995 through 7 February 1995; and
WHEREAS, a special edition of the Shorewood newsletter, devoted entirely to the
Comprehensive Plan Update was published in January, 1995 and sent to all Shorewood
residents; and
WHEREAS, a video presentation summarizing the Comprehensive Plan Update
was aired on the local cable access channel during January and February of 1995; and
WHEREAS, after legal notice was published in the official City newspaper, the
Planning Commission conducted a public hearing on 21 February 1995, to present the
Comprehensive Plan Update to the public; and
WHEREAS, the Planning Commission, at its meeting on 21 March 1995,
recommended that the City Council adopt the Comprehensive Plan Update on an interim
basis, pending review and approval by the Metropolitan Council; and
WHEREAS, the City Council believes that the City is in need of updated guidelines
to direct development which is currently pending; and
WHEREAS, the City Council after long and careful study of the Comprehensive
Plan Update, fmds that it is in the City's best interest to approve the 1995 Comprehensive
Plan Update.
NOW, THEREFORE, BE IT RESOLVED, by the Shorewood City Council:
1. The 1995 Comprehensive Plan Update, a copy of which is attached and
incorporated herein, is established as the official development guide of the City of
Shorewood on an interim basis pending completion of the remaining elements of the
Comprehensive Plan.
2. Upon completion of the governmental agency reviews, the Comprehensive
Plan Update may be modified as decided by the City Council and shall be adopted
accordingly.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 27th day of March,
1995.
Robert B. Bean, Mayor
ATTEST:
5:4-
James C. Hurm, City Administrator/Clerk
-. ..
MAYOR
Robert Bean
CITY OF
SHOREWOOD
COUNCIL
Kristi Slover
Bruce Benson
Jennifer McCarty
Doug Malam
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
17 March 1995
Flood Plain Ordinance - Proposed Revisions
405 CPR (Natural Resources)
.
In October of 1993 the City amended its Flood Plain Regulations (Chapter 1101) in order
to comply with state and federal law changes. Adoption of the amendment was subject to
review and approval by the Department of Natural Resources. Since then the DNR has
cited a number of areas which need to be modified to comply with their requirements and in
order for the City to remain eligible for the federal flood insurance program.
Attached is a revised draft of Chapter 1101. Proposed deletions are shown with Strik-eOHts,
and additions are shown in italics.
The amendment is scheduled for review and adoption by the Council on 27 March and
must be submitted to DNR by 6 April.
If you have any questions relative to this matter, please do not hesitate to contact my office.
cc: Jim Hurm
Tim Keane
Revised 23 March per Plannin~ Commission Recommendations.
5Hl
A Residential Community on Lake Minnetonka's South Shore
A
1101.01
1101.02
CHAPTER 1101
FLOOD PLAIN MANAGEMENT REGULATIONS
.
SECTION:
1101.01 :
1101.02:
1101.03
1101.04:
1101.05:
1101.06:
1101.07:
1101.08:
1101.09:
1101.10:
1101.11:
1101.12:
1101.13:
1101.14:
Purpose and Findings of Fact
Application and Interpretation of Provisions
DefInitions
Flood Insurance Study
Pennits and CertifIcates Required
Establishment of Flood Fringe District
Flood Fringe District
Utility Standards
Subdivision Standards
Nonconfonning Uses and Structures
Variances
Amendments
Records Kept
Violation
1101.01: PURPOSE: The Legislature of the State of :Mianesota has, in
Minnesota Statutes, chapter 103F and chapter 162, delegated
the respoDsibili:ty to local govemmeat eDits. to adopt regulations desigaed t<>
minimize flood losses. Since the City wishes t<> maiBtatn eligibility in the National
Flood Iasaranee Program and iD order to do so m'l:lst comply v,ith proYisions of
191O.3(c) of the Federal Iasurance .^~dminiStratiOB Regulations, the City COWlCM
establishes the provisions cofltai.ned in this Chapter. It is the parpose of this
Chapter to promote the publie health, safety and general welfare and to :mifHnlize
those losses attribeted to flooding.
.
1101.01:
PURPOSE AND FINDINGS OF FACT
Subd. 1. Purpose: It is the purpose of this Ordinance to promote the public health,
safety, and general welfare, to minimize those losses described in Subd. 2,
below, by provisions contained herein, and to maintain eligibility in the
National Flood Insurance Program.
Subd. 2. Findings of Fact:
a. The flood hazard areas of Shorewood, Minnesota, are subject to periodic
inundation which results in potential loss of life, loss of property, health
and safety hazards, disruption of commerce and governmental service,
extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health,
safety, and general welfare.
5HZ-
..
1101.01
1101.03
b. Methods Used to Analyze Flood Hazards. This Ordinance is based
upon a reasonable method of analyzing flood hazards which is consistent
with the standards established by the Minnesota Department of Natural
Resources.
.
1101.02: APPLICATION AND INTERPRETATION OF
PROVISIONS: Provisions of this Chapter shall apply to the flood
hazard areas of the City which shall include those areas designated on the
Flood Insurance Rate Map as being within the l00-year flood boundary.
Subd. 1. It is intended that this Chapter be used in conjunction with Chapter 1201,
Zoning Regulations, of this Code.
Subd. 2. It is not intended by this Chapter to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this
Chapter imposes greater restrictions, the provisions of this Chapter shall
prevail.
Subd. 3. Severability: If any section, clause, provision, or portion of this Chapter
is adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this Chapter shall not be affected thereby.
Subd. 4. Warning and Disclaimer of Liability: This Chapter does not imply that
areas outside the flood fringe district or land uses pemritted within said
district will be free from flooding or flood damages. This Chapter shall not
create liability on the part of the City of Shorewood or any officer or
employee thereof for any flood damages that result from reliance on this
Chapter or any administrative decision lawfully made thereunder.
.
Subd. 5. The boundaries of the flood plain shall be determined by scaling
distances on the Flood Insurance Rate Map (FIRM)for Shorewood, dated 2
July 1982. Where interpretation is needed as to the exact location of the
boundaries of the flood plain as shown on the FIRM, as for example where
there appears to be a conflict between a mapped boundary and actual field
conditions and there is a formal appeal of the decision of the Zoning
Administrator, the City Council shall make the necessary interpretation. All
decisions will be based on elevations of the regional (l OO-year) flood profile
and other available technical data. Persons contesting the location of the
flood plain boundaries shall be given a reasonable opportunity to present
their case to the City Council.
1101.03:
DEFINITIONS: The following words and terms, when used in
this Chapter, shall have the meanings ascribed to them in this
Section.
Unless specifically defined below, words and phrases used in this Chapter shall be
interpreted so as to give them the same meanings as they have in common usage so
as to give this Chapter its most reasonable application.
Subd. 1. No definitions
Subd. 2. BASEMENT: For flood plain management purposes, any area of a
structure, including crawl spaces, having its floor or base sup-grade (below
ground level) on all four sides, regardless of the depth of the excavation
below ground level.
1101.03
1101.03
Subd. 3. No definitions
Subd. 4. DEVELOP~'IT: Any manmade change to improved or unimproved
real estate including, but not limited to, buildings and other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
Subd. 5. EQUAL DEGREE OF ENCROACHMENT: A method of detennining
the location of floodway boundaries so that flood plain lands on both sides
of a stream are capable of conveying a proportionate share of flood flows.
Subd. 6. FLOOD: A temporary increase in the flow or stage of a stream or in the
stage of a wetland or lake that results in the inundation of normally dry
areas.
FLOOD FREQUENCY: The frequency for which it is expected that a
specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE: That portion of the flood plain outside of the floodway.
Flood fringe is synonymous with the term "floodway fringe" used in the
Flood Insurance Study for the City of Shorewood.
FLOOD PLAIN: <'\fiY leaa susceptiele to bemg immdared by water from aay
soarce (see detmition af flood). The beds proper and the areas adjoining a
wetland, lake or watercourse which have been or hereafter may be covered
by the regional flood.
For the purpose of this Chapter, the regulatory flood plain shall include
those areas inundated by the regional flood and indicated in the Flood
Insurance Study.
FLOOD-PROOFING: Any combination of structural and nonstructural
additions, changes or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. Flood-proofmg requirements are
contained in the State Building Code. I
FLooDW A Y: The bed of a wetland or lake and the channel of a
watercourse located below the Ordinary High Water Level (O.H. W.L). ae4
those pertieflS of the adjeiBmg floed. pIeHl which are reasoaably req1:1ired to
carry or stare the regional fleoQ discliarge.
Subd. 7. No defmitions
Subd. 8. No defmitions
Subd. 9. No definitions
Subd. 10. No definitions
Subd. 11. No defmitions
Subd. 12. No definitions
I See Section 1001.01 of this Code.
-
J
'," l:
.
.
CI:TY OF SHOREWOOD
RESOLUTI:ON NO. #95-__
WATER
A RESOLUTI:ON ESTABLI:SHI:NG
SYSTEM ASSESSMENT ADVI:SORY
A
COMMI:TTEE
WHEREAS, the City Comprehensive Plan calls for a
three-phased expansion of the municipal water system; and
WHEREAS, said expansion includes the following
objectives:
1. Extend watermain to new developments where feasible.
2. Enhance the safety and reliability of the existing
system on the west end, and throughout the City.
3. Construct a water tower on the Minnewashta Elementary
School site in order to establish the elevated storage
crucial to objective #2.
4. Establish fees for developments where extensions of the
system are not imminent.
5. Evaluate and adopt an assessment policy which:
. Addresses assessment of property as service is
provided.
. Takes into consideration the City's ability to
finance said assessments in order to mitigate
the financial burden to existing homeowners.
. Determines at what point connection to the
system may be required, or as an alternative, at
what point minimum charges begin accruing.
. Budgets for capital improvements.
. Establishes flat rate assessments on a unit
basis (i.e. all lots regardless of size pay the
same assessment); and
WHEREAS, many, but not all, assessment policy
questions are addressed in the Comprehensive Plan and the
proposed street reconstruction assessment ordinance; and
WHEREAS, the City Council wishes to establish a
Water System Assessment Advisory Committee.
:J:F(p
~....
RESOLUTION #95-
Page 2 of 3
NOW,
Council of the
System Special
operate within
THEREFORE BE IT RESOLVED by the City
City of Shorewood that a temporary Water
Assessment Advisory Committee is created to
the following parameters:
Purpose: The Committee is created to review and
make recommendations on policy questions referred to
it by the City Council regarding water system special
assessment and financing policy questions.
Objectives: The Committee shall evaluate and
comment on alternative formulas for special
assessments as well as alternative formulas for
financing said assessments taking into consideration:
.
· Total project costs;
· Current and future financial strength of the
City's General Fund and Water Fund;
· Equitable assessment of costs (i.e. discounts
for senior citizens, low income families,
existing homeowners versus new development,
etc.); and
· Funding for deferred maintenance
(depreciation) .
The Committee shall review financial projections
prepared by the staff and consultants, comment, and
report to the City Council with recommendations.
.
Committee Make-up: The Committee shall be made up
of three Shorewood residents who shall be voting
members. Representatives of the City Council and the
Planning Commission shall be non-voting liaison
members.
The City Administrator, Finance Director and City
Engineer shall be non-voting members and provide staff
support. The City Council shall appoint the members
and designate the Chair Person by separate resolution.
"" .... -'/'"
.
.
RESOLUTION #95-____
Page 3 of 3
Procedure: Meetings shall be called by the Chair by
requesting the City Administrator to send a notice of
the time and place of the meeting, and an agenda to
the Committee members. Notice will be posted at
regular locations and mailed to the press at least 72
hours in advance of the meeting.
Sunset: The mission of the Committee shall be
completed and the Committee shall cease to exist on
June 30, 1995. The City Council may expand the
purpose or the life of the Committee by Council
resolution.
PASSED AND ADOPTED by the City Council of the
City of Shorewood this 27th day of March, 1995.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator
.
e.
MAR 23 '95 14:58 OSM MPLS, MN
P.2
March 23, 1995
~~~
300 Park Place East
5n5 Wayzata 8OU/evard
Minneapolis, MN 56416-1~
612-595-5775
1.800-75~577S
FAX 595-5774
Honorable Mayor- and City. COuncil -
aty of Shorewood
. 57SS Country Club Road
Shore wood. MN 55331
EnalnCClS .
Architects
Planners
Surveyol$ .
. Re: Boulder Bridge Water SyStem Iniprovements
F~ibility Report . ' - . .
, OS.M File 5572.00 -
Dear Mayor and CoW1cl1 Members:
Attached please find a draft .Resolution for Your consideration that orders a feasibility report
for. the referenced improvements. In previous work sessions we have introduced "ballpark"
cost figures and possible staging for improvements to the Boulder Bridge Water system in
accordance with the proposed Comprebensive PIan amendments. It is our opinion that ..
should the Council wish to proc:eed further.. this would be the next step towards malrf~
these impro~ements. -. . . . .
The Report will necessarily. include a description of the proposed improvements; a list of
alternatives studied; potential COSts; methods of paying ~r the improvements;. and a.
recommendation to the Coundl based on the results of the study.
. .
Due to the fact that a substantial amOunt of work baS. been completed 011 this project to
date. (i.e. the 'Water system analysish We .estiD;late that this report will cost about ~.
Therefore, we propose to complete the ~ on an hourly basis with a cost not to exceed
$8000 without your advance approval. .
~ The developer of the "Heritage" property-along Edgewood Road has indiCated some futorest
in petitioning for a public extension of the water system to that property. Therefore, we will
inilke every attempt to separate' these. portions of the report for future cost splits as
a~licable. '
Please call me at 595-5695 with any questions ~ou may have.
~re1y,
.ORR-SCHELBN.MA YERON
& ASSOCIATES
~~'
Joel A. Dresel, P.E., LS.
CitY Engineer
llquaI Opponunily EII\pkl}v
~'1
CITY OF SHOREWOOD
RESOLUTION NO. 95-_
A RESOLUTION ORDERING PREPARATION OF REPORT ON
WATER SYSTEM IMPROVEMENTS
WHEREAS, it is proposed to make water system improvements to the Boulder
Bridge Water System; and
WHEREAS, such improvements are proposed to include the following:
1) A water storage tank for the system;
2) A trunk main extension along Smithtown Road between Cajed Lane
and Cathcart Road;
3) A trunk main extension along Howards Point Road north of Pine
Bend to Edgewood Road, and then easterly along Edgewood Road
approximately 1,200 feet; and
WHEREAS, it is proposed to assess the benefited property for all or a portion of
the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Shorewood, Minnesota:
.
That the proposed improvement be referred to the City Engineer for study
and that he is instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should best be made as
proposed or in connection with some other improvement, and the estimated
cost of the improvement as recommended.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 27th day of March, 1995.
.
ROBERT B. BEAN, MAYOR
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
MAYOR
Robert Bean
COUNCIL
Kristi Stover
Bruce Benson
Jennifer McCarty
Doug Malam
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
March 28, 1995
<<FirstNarne>> <<LastName>>
<<Address1>>
<<City>>, <<State>> <<postalCode>>
~r <<Title>> <<LastName>>:
~response to the huge increases in sewer charges from the Metropolitan
Waste Control Commission (MWCC) , the City attempted to do everything possible
;:0 reduce clear water that entered the system. One of the key steps that was
caken was to adopt Ordinance 277 on August 23, 1993 which prohibited sump
pump discharges into the sanitary sewer system and provided a penalty for
violation thereof. Following adoption of that ordinance a sump pump
inspection program was initiated. Every residence within the City of
Shorewood was to be inspected by March 1, 1994, to ensure that sump pumps
'tlere not discharging into the sanitary sewer system.
All properties which the City was unable to inspect by that date are to be
charged a surcharge of $100 per month until compliance. Staff .has been given
the authority to waive this surcharge and accumulated penalties upon
completion of a satisfactory inspection. The time has come however to put a
close to this program.
4Il property which you own located at <<ShorewoodAddress>> within the City of
Shorewood has not passed this inspection process. A satisfactory inspection
must be completed within the next 30 days (by May 1, 1995) or all surcharge
fees and penalties will be applied to your property and will not be waived in
the future. As of the end of the first quarter of this year (March 31,
1995), $<<OollarDue>> has acrued as a surcharge on your utility billing for
non-compliance with the sump pump inspection program. You will need to
contact City Hall at 474-3236 to schedule an inspection. Our hours are
Monday through Friday, 8:30 a.m. to 5:00 p.m.
Sincerely,
CITY OF SHOREWOOO
Teri Naab,
Deputy Clerk
cc: Mayor and City Council
A Residential Community on Lake Minnetonka's South Shore
*?
Owner
Hollis Fritts, Jr.
Barry Voigt
Matthew Phillippi
DeVerne Hentges
Mallard Development Company
Marcella LaVonne Brown
Ron Johnson
Rodney Belsheima
Greg Fox
Brian Ohland
Abdingdon Development
Shorewood
ProDertv
28045 Boulder Bridge Drive
6170 Church Road
4900 and 4920 Ferncroft Drive
5460 and 5462 Mallard Lane
5440 and 5442 Mallard Lane
22470 and 22472 Murray Street
5355 Shady Hills Road
5535 Shorewood Lane
25565 Smithtown Road
25895 Smithtown Road
25725 Eureka Way
...
.
.
Amount Due
As of 3/31/95
300.00
900.00
1,200.00
1,800.00
1,500.00
1,500.00
300.00
900.00
900.00
900.00
300.00
~...
CKNO
15658
15659
15660
15661
15662
15663
15664
15665
15666
15667
15668
15669
15670
15671
15672
15673
15674
15675
15676
15677
15678
15679
15680
15681
15682
15683
15684
15685
15686
15687
15688
15689
15690
15691
15692
15693
15694
15695
15696
15697
15698
CHECK APPROVAL LISTING FOR MARCH 27, 1995 COUNCIL MEETING
CHECKS ISSUED SINCE MARCH 10,1995
TO WHOM ISSUED PlJFlFCSE
SAM'S CLUB KITCHEN/CLEANING SUPPLIES
MN DEPT OF REVENUE FEB SALES TAX
BROWNING FERRIS, IND. MARCH RECYCLING
MARLENE HAPTONSTALL MILEAGE
PATRICIA HELGESEN SEC 125 REIMB
JAMES HURM MILEAGE & EXPENSES
CELLULAR ONE ACCESS CHARGES
NORDBERG CONSULTING COMPUTER TRAINING
NORTHER STATES POWER UTILITIES
PEPSI COLA CO RENTAUMISC
SUPERAMERlCA FUR
US WEST COMMUNICATIONS
TOTAL REGISTER SYSTEMS SUPPLIES
CAROL LARSON ESCFON REFUND
DANIEUALANE JOHNSON ESCRONREFUND
HOWARD LEROHL ESCFON REFUND
BELLBOY CORP L1QUORtMISClSUPPLlES
BOYD HOUSER MISC
MIDWEST COCA-GOLA MISC
DAY DISTRIBUTING BEEPJMISC
EAST SIDE BEVERAGE CO BEEPJMISC
GRIGGS, COOPER & CO L1QUORIWINE/MISC/BEER
JOHNSON BROS LIQUOR CO L1QUORIWINE
LAKE REGION VENDING MISC
L1NDERHOLMTRUC~NG FR8GHT
MARK VII BEEPJMISC
NORTH STAR ICE MISC
PAUSTIS AND SONS WINE
PHILLIPS WINE & SPIRITS L1QUORIWINE
QUALITY WINE & SPIRITS L1QUORIWINE
THORPE DIST CO BEEPJMISC
V AL-P AK ADVERTISING
THE VICTORIA GAZEITE ADVERTISING
WINE MERCHANTS WINE
GOV'T FINANCE OFFICERS ASSOC DIST. BUDGET AWARD
FIRST STATE BANK FED/FICA TAX
PERA PERA CONTRIBUTIONS
ICMA RETIREMENT TRUST -457 DEFERREDCOMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
CHILD SUPPORT ENFORCEMENT CHILD SUPPORT - C. DAVIS
ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT - C. SCHMID
AMOUNT
$118.30
7,003.00
27.00
29.70
556.75
120.00
11.06
276.00
537.30
69.00
415.87
48.93
34.63
1,800.00
300.00
150.00
3,420.69
134.56
69.25
948.25
9,734.45
5,259.04
2,378.05
167.10
404.00
1,622.47
39.96
274.00
1,833.74
1,230.98
4,099.10
460.00
45.00
79.00
150.00
7,123.48
2,252.16
864.98
477.00
92.50
139.44
Page 1
--
#
..'If'
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, MARCH 7, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB RD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Borkon called the meeting to order at 7 :08 p.m.
ROLL CALL
Present:
Chair Borkon; Commissioners Pisula, Rosenberger, and Turgeon; Planning
Director Nielsen.
Absent:
Commissioner Foust.
APPROVAL OF MINUTES
Turgeon moved, Pisula seconded to approve the February 21, 1995 Commission
meeting minutes with the addition of Tonka Bay to the address of Mr. Bob
Zambreno, line 1, paragraph 1, page 2. Motion passed 4/0. (Addition underscored.)
Turgeon moved, Pisula seconded to approve the February 23, 1995 Commission
meeting minutes. Motion passed 4/0.
1. 7:00 PUBLIC HEARING AMENDMENT TO ZONING CODE
REGULATING SWIMMING POOL FENCE ENCLOSURES
Chair Borkon announced the case and outlined the procedures for a public hearing.
Nielsen stated this hearing was tabled at the Commission's February 7 meeting so residents
adjacent to nonconforming properties could be notified of the proposed ordinance amendment
regarding swimming pool fence requirements. Nielsen explained that concern regarding
nonconforming swimming pool fences originated from a resident in October 1994 and the matter
was subsequently referred to the Commission by the Council. The proposed amendment requires
all swimming pools which existed prior to July 1, 1985, but do not comply with current fence
requirements, to be brought into conformance when the property on which the swimming pool is
located changes ownership. Notice of the conformity requirement will be recorded on all parcels
of land on which nonconforming fences are located. Nielsen acknowledged receipt of residents'
letters regarding the proposed zoning code amendment.
Chair Borkon opened the public hearing at 7:15 p.m.
Karen Zubert, 5320 Elmridge Circle, stated that she lives adjacent to property with a
nonconforming pool. She opposed the amendment because construction of a fence would cut off
the view and would have to be placed at the property line. right up to the lake. She stated the
neighbor's pool is 500' from the street and that a fence would lower property values. Zubert stated
covenants preclude fences in her development and garden fence on her property keeps children
from the nonconforming property. She questioned why the issue is being raised at this time when
affected residents are not concerned about the nonconforming pools.
p~"..
PLANNING COMMISSION MINUTES
March 7, 1995 - PAGE 2
Ellen. Rai~beck, 26640 Edgewood Road, stated the amenities of the home including the pool were
contnbutmg reasons for purchase of the home. Three years ago some pool patio work was
completed and at that time they were told their nonfenced pool was grandfathered and would not
require fencing. Installation of fencing at this time would be costly, would impede the view and
therefore decrease the value of their home. A hedge on either side of the home delineates the yard
and creates a barrier to access to the pool. For the reasons stated, Raisbeck opposed the ordinance
and asked the Commission to consider the inconvenience it would place upon the homeowners.
Dean Akins, 27720 Island View Road, explained that his entire property is fenced up to the lake
and inquired whether that would meet the new Code even though the fencing does not include the
lake side. He pointed out that fencing the lake side would be undesirable.
Chair Borkon closed the public hearing at 7 :25 p.rn.
The Commissioners and Nielsen addressed the questions raised during the public hearing.
Nielsen stated that the City's rules are based on DNR regulations and that in general the City's
ordinances supersede private covenants. Nielsen explained the City does not currently allow
fences down to the lake, but that a case by case review could be conducted.
The Commissioners considered the public comments and discussed the proposed ordinance.
While sympathizing with aesthetic concerns, Turgeon stated that in her view, the concern for safety
must prevail. She pointed out that the original 1979 ordinance intended that all nonconforming
properties would eventually be brought into conformance and this amendment stipulates the time of
conformance. Turgeon concluded that after extensive discussion among the Commissioners, she
supported the proposed ordinance as an acceptable compromise to bring nonconforming pools into
compliance.
Rosenberger stated that he did not support the ordinance and pointed out that aesthetic
interpretations may differ and the cost of a fence is insignificant when compared to a child's life.
Nonetheless, Rosenberger stated safety is the personal responsibility of pool owners and bf
parents to properly instruct and care for children, and pool fencing may create a false sense of
. security. In addition, Rosenberger stated the compromise amendment could result in uneven
enforcement because of the unknown period of time in which conformance will actually take place.
Pisula agreed that personal responsibility is important. He pointed out, however, that while it is
difficult to correlate to Shorewood, statistics show that without fences, more toddler drownings
occur. Furthermore, he stated it is incumbent upon individuals, including public officials, to take
steps to make legally defined attractive nuisances such as swimming pools as safe as possible as
provided by the City's original swimming pool fence ordinance. Pisula stated that although he
preferred that nonconforming pools be brought into immediate conformance, he agreed the
proposed compromise is workable.
Borkon agreed with the assessment of the issue articulated by Turgeon and Pisula and supported
adoption of the proposed compromise ordinance. She acknowledged that lakes may be considered
attractive nuisances, but consideration of fencing lakes is inane.
Pisula moved, Turgeon seconded to recommend to the Council that it adopt the
ordinance requiring all nonconforming swimming pools to be brought into
conformance with fencing regulations upon change of ownership of the property
on which the pool is located. Motion passed 311. Rosenberger voted nay.
The Council will consider the recommendation at its March 27, 1995 meeting.
",
,
PLANNING COMMISSION MINUTES
March 7,1995 - PAGE 3
2. 7:15 PUBLIC HEARING - C.U.P./P.U.D. FOR SHARED DRIVEWAY
ACCESSES AND HARDCOVER RATIOS
Ap-plicant:
Location:
Corky Elsen
5290 and 5300 Howards Point Road
Chair Borkon announced the case and reviewed the procedures for a public hearing.
Nielsen reviewed the background to Mr. Elsen's P.U.D application. The permit for the applicant's
recently completed home was based upon an approved site plan that conformed to Shorewood's
zoning requirements for the R-IA1S district and included a driveway with a T turn-around. As part
of the final inspection of the home, it was discovered that the driveway had been enlarged to loop
back to the street and patios were added on the lake side of the house that were not shown on the
approved plan. This results in 2 zoning violations: 1) too many driveways for the amount of street
frontage and 2) excess hard cover area-approximately 35% rather than 25%. Nielsen detailed the
violations of the Zoning Code (memorandum dated March 1, 1995.)
To occupy the home, the applicant signed an escrow agreement to correct the violations.
However, Mr. Elsen wishes to explore alternatives to removing the excess driveway and hard
cover. To comply with the intent of the zoning code, the applicant proposes to record a protective
covenant to limit the vacant lot he owns to the south of the subject property to 1 driveway and 7468
square feet of hard cover area. To accomplish this plan to swap the rights of the 2 properties,
Elsen proposes a limited P.U.D. for which he has requested a conditional use permit.
Nielsen stated the request stretches the use of planned unit development. Other alternatives
considered were a poorly designed resubdivision of the 2 lots and a non-qualifying variance
request. Nielsen recommended that if a transfer of development rights is considered reasonable,
concept and development stage approval for the P.U.D. be granted. Final plan approval should
include a revised hard cover calculation based on changing landscape plastic to fabric and the
protective covenants should be amended to include the City as a signatory.
Mr. Elsen, the applicant, stated that Nielsen's presentation accurately reflected the application. He
indicated preference for the circular driveway and noted that questions may be directed to Mr. Jim
Parker, surveyor.
Chair Borkon opened and closed the public hearing at 7:55 p.m., there being no comments from
the public.
The Commissioners considered the application. Rosenberger requested clarification as to how this
situation occurred. Nielsen stated that apparently after construction approval was granted based on
the site plan provided, the applicant changed his mind and made the changes resulting in violations.
Rosenberger stated disregard of the carefully studied and approved original application from Mr.
Elsen troubled him greatly.
Turgeon expressed concern that hardcover is at 36% while the original plan kept hard cover at an
acceptable 22%. Furthermore, she stated that 17% hardcover proposed for the southerly lot is
unrealistic. She stated the proposal is poor use of the P.U.D. planning tool and approval would
set a problematic precedent and discredit the credibility of the P.U.D. concept.
Pisula stated that while the application may technically be considered under the P.U.D. tool, it is a
bastardization of the process to accommodate a change of mind. He stated he cannot support
approval of the proposed P.U.D. because the original approved application included a variance,
violations were caused by the applicant, and the City should not compromise its regulations to
accommodate problems created by the applicant.
~
,
PLANNING COMMISSION MINUTES
March 7, 1995 - PAGE 4
Borkon stated she could not support approval of the application because using the P.U.D. to
correct violations is inappropriate use of the tool.
Turgeon moved, Rosenberger seconded to recommend to the Council that it deny
the request of Mr. Corky Elsen, 5290 Howard's Point Road, for a conditional use
permit for a planned unit development (P.U.D.). Motion passed 4/0.
The Council will consider the recommendation at its March 27, 1995 meeting.
3. 7:30 PUBLIC HEARING - BIRCH BLUFF LAKEVIEW ADDITION -
PRELIMINARY PLAT AND SETBACK VARIANCE
Applicant:
Location:
Brian Fredrickson
26115 Birch Bluff Road
Chair Borkon announced the case and reviewed the procedures for a public hearing.
Nielsen reviewed the applicant's request for a preliminary plat to divide his property at 26115
Birch Bluff Road into 2 lots. The property, zoned R-IC, contains 68,118 square feet of area, is
low on both the north and south ends and rises approximately 20' in the center. An existing home
on the property is accessed by a private road on the east side of the site which is located in the
right-of-way of Third Street, an unbuilt platted street. At the direction of staff, the applicant
proposes to dedicate an additional 12.5' of right-of-way to increase the width of Third Street and
an additional 12.5' from the east side of the street will ultimately bring it into standard street width
compliance. The proposed right-of-way dedication results in the existing house being too close to
Third Street by 5' for which the applicant requests a variance.
Nielsen reviewed the issues including Third Street, Lot Size, and Grading, Drainage and Utilities
related to this application (detailed in memorandum dated March 4, 1995). Based on staff analysis,
Nielsen recommended that the following items be resolved as part of the fmal plat: 1) Lot 1 should
be enlarged as recommended, 2) Grading, drainage and utilities should be subject to review and
approval by the City Engineer, and the Engineer should address the drainage issues raised by
nearby residents, 3) One sewer connection charge and one park dedication fee must be paid, and 4)
A final plat must be submitted with 6 months of Council approval of the preliminary plat.
Mr. Brian Fredrickson, the.applicant, stated that with respect to the lot size recommendation made
by Nielsen, other alternative solutions are available, and requested that he not be bound by the staff
recommendation. He indicated willingness to work with the City Engineer and neighbors to
resolve the drainage issues in the area.
Chair Borkon opened the public hearing at 8: 15 p.m. and acknowledged receipt of letters from
Messrs. Newburg and Meloche regarding this application.
Michael Newburg, 26045 Birch Bluff Road, stated his property is located to the east of the subject
property and is the lowest lot in the area. He did not oppose Mr. Fredrickson's application, but
expressed concern regarding the drainage problem in the area that has existed for years. Newburg
inquired whether the drainage studies recommended would include effects on drainage from and to
his property. He stated that as the area has been developed, each new home built on the south side
of Birch Bluff adds run-off to his property and expressed concern that the overall drainage
situation in the area has not been addressed over the past years.
Nielsen explained that the amount of additional run-off created by a home, driveway, etc. on a
single family lot will be taken into consideration and the applicant's lot will be adjusted to hold that
PLANNING COMMISSION MINUTES
March 7, 1995 - PAGE 5
amount of water. While this will not fIx the existing problem in the area, it would not add to the
problem.
Leo C. Meloche, 26120 Birch Bluff Road, stated a severe water drainage problem exists in the
area, is worsening, and he opposes anything that would aggravate the problem.
Chair Borkon closed the public hearing at 8:20 p.m.
The Commissioners considered the application. Discussion centered on the drainage issues in the
area including availability of limited City funds and other funding sources for study of the problem
and effects of alternatives for use of the buildable area on the lots, and quality of water run-off.
The Commissioners concluded that a study of the entire area's drainage problems should be
undertaken. In addition, the Commissioners requested the applicant to provide information on the
fInal proposed house location on the property and site stormwater calculations prior to any further
consideration and action by the Commission.
Rosenberger moved, Pisula seconded to recommend that the City Engineer
provide an overview of the stormwater management system for the sub-watershed
district in the area north of the property at 26115 Birch Bluff Road. Motion
passed 4/0.
Rosenberger moved, Turgeon seconded to table to March 21, 1995, consideration
of the request of Brian Fredrickson for a preliminary plat, Birch Bluff Lakeview
Addition, 26115 Birch Bluff Road. Motion passed 4/0.
Chair Borkon recessed the meeting at 8:45 p.m. and reconvened at 9:00 p.m.
4. 7:45 PUBLIC HEARING - C.U.P. FOR SENIOR COMMUNITY CENTER
AWlicant:
Location:
City of Shorewood
5745 Country Club Road
Chair Borkon announced the case and reviewed the procedures for a public hearing.
Nielsen reviewed the background to the South Shore Senior Community Center proposed to be
constructed on the City HalllBadger Field site as a joint effort among Shorewood, Excelsior,
Tonka Bay and Greenwood. TSP/EOS Architects, representing the City of Shorewood, submitted
detailed site, landscaping and building plans for a 7400 square foot, single-story building at 5755
Country Club Road on the R-2A zoned portion of the City property. The proposed facility and its
related parking area are set into the northeast corner of the Badger Field property. Current zoning
regulations require the project to be processed as a conditional use permit.
In addition to the existing park facilities, site constraints include the drainageway on the east side of
the facility, steep slopes adjacent to County Road 19, and poor soils on most of the to-acre Badger
property. Nielsen reviewed how the proposal complies with the requirements of the Zoning Code
as detailed in his memorandum dated March 5, 1995. In general, all setback requirements are met,
landscaping, parking and loading space are adequate, and the proposed use complies with the
general requirements for granting a conditional use permit. Sanitary and storm sewer, water, gas,
and electrical utility connections are conveniently accessible. Access to parking and the facility
from the northeast corner of the City Hall parking lot while not ideal, is safer than attempting
access from County Road 19. Alternatives are being considered for turn-around room for
emergency vehicles.
PLANNING COMMISSION MINUTES
March 7, 1995 - PAGE 6
Nielsen stated that subsequent to making application for the C.U.P., the architect submitted an
alternative site sketch for the City's consideration. While this plan results in a more efficient
overall City Hall complex, it significantly impacts the park use of the property and requires
additional soil borings due to anticipated poor soil conditions. Nielsen recommended that the
C.U.P. be granted as proposed, however, the City should remain open to reviewing a detailed plan
based upon the alternative site sketch submitted by the architect.
Mr. Rick Wessling, representing TSP/EOS Architects, described the plans for the project noting
that materials and design are sensitive to the residential neighbors yet reflective of the scale and
maintenance needs of a public facility (general project description dated February 6, 1995). With
respect to the alternative proposal, Wessling stated the same building would be used, but its
footprint would be moved to another site on the property. He noted that the Park Commission
expressed an interest in exploring the alternate site which would significantly impact Badger Park.
A major question associated with the alternate site is the cost of the necessary foundation system
for the building. The architectural firm requests approval to proceed with additional soil testing in
the alternate site to determine the feasibility of that site.
Chair Borkon opened the public hearing at 9:25 p.m. and reviewed the procedures for a public
hearing.
Robert Bean, 5285 St. Albans Road, stated that with respect to consideration of the alternative site,
his recent discussions with the Councils of the other participating communities suggests that
further funding other than that committed by those cities is not likely to be available. He indicated
that besides the cost of additional soil borings for the alternate site, the cost of soil correction and
the foundation system required for construction on that site is a major concern. Bean suggested
that further information and discussion regarding the alternate site should be required.
Chair Borkon closed the public hearing at 9:30 p.m.
The Commission congratulated the Senior Center Task Force for its perseverance and achievement
over the past 3 years that has culminated in this application to construct a senior community center
in Shorewood.
The Commissioners considered the application, asked questions,' and discussed several issues.
Nielsen and TSP/EOS representatives responded to Commissioners' questions. Turgeon inquired
whether the facility will be handicap accessible. The facility will meet the requirements of the
American Disabilities Act. Commissioners questioned the adequacy of emergency vehicle ingress,
turnaround, and egress. While ingress and egress are not considered a problem, Wessling stated
the canopy over the front entrance of the building can be raised to accommodate medical and
handicap vehicles. Concerns raised included costs related to the alternate site and safety at the
intersection at County Road 19 and Country Club Road and its traffic counts. Empirical data for
traffic generation of senior/community centers was requested. Programs at the center were
suggested. Overall, the Commissioners supported the plans as presented, but agreed to remain
open to consideration of the alternate site. It is anticipated that construction will begin during
1995.
Rosenberger moved, Pisula seconded to recommend to the Council that it approve
the application submitted by TSPIEOS Architects for a conditional use permit for
a Senior Community Center, 5745 Country Club Road, and that it remain open for
consideration of the alternate site location. Motion passed 4/0.
The Council will consider the recommendation at its March 27" 1995 meeting.
PLANNING COMMISSION MINUTES
March 7,1995 - PAGE 7
5. SETBACK VARIANCE, VARIANCE TO EXPAND A NONCONFORMING
STRUCTURE AND HEIGHT VARIANCE - TABLED AT 02-07-95
MEETING
AWlicant:
Location:
Richard Kowalsky
5740 Christmas Lake Point
Nielsen stated this application was tabled at the February 7 meeting as requested by the applicant so
that he could provide additional information and consider alternatives to the original plans. A
revised proposal with modified plans are set forth in Mr. Kowalsky's February 27 letter. Nielsen
summarized the applicant's responses to the issues raised in the February I staff report including
lot coverage, screen porch/deck setbacks, and bedroom/loft addition. Nielsen detailed the staff
analysis of the revisions (Nielsen's memorandum dated February 28, 1995), and reviewed the
other components of the plan previously considered as acceptable. Revised hard cover calculations
result in approximately 24% hardcover on the site, the deck on the lake side of the home has been
eliminated and re-surveying resulted in an average setback of 30.5'. The bedroomfloft addition
results in a 4-level structure as viewed from the lake with the lowest level being short
(approximately 75%).
Nielsen explained that if the upper level is not required to be eliminated, the applicant be required to
prepare a detailed landscape plan which raises the grade adjoining the portion of the house beneath
the addition area. Significant landscaping with large plant materials/evergreen shrubbery should be
required to fully screen the lowest level beneath the addition. The landscape plan should include a
bid from a certified nursery operator or landscape architect with a letter of credit or cash escrow for
1-112 times the amount of the landscaping work to ensure completion prior to November 1995.
With those conditions, approval of the variance request is recommended.
Richard Kowalsky, the applicant, described photographs and a revised model of the site plans.
Pictures showed a heavily wooded site that screen the existing and proposed home from the
lakeside and the model included the proposed elevation. Michaela Mahady, the architect, described
the structural elements of the house using a drawing to convey the heights, grading, and elevations
that are interpreted to meet the definitions and specifications of the City's zoning code. Kowalsky
pointed out that reconfiguration of the existing home and addition results in 4 bedrooms vs. the
current 2 bedrooms.
Nielsen responded to the architect's interpretation of the basement and cellar as it relates to the
Code. To accommodate the structure as proposed, appropriate grading, terracing and landscaping,
within regulations, would be necessary to block out the lowest level from the lake side view.
The Commissioners extensively considered the revised proposal and modified plans. In general,
the Commissioners were not opposed to the 4-level structure proposed with the recommended
grading and landscaping but noted that while the total height of the structure is well within code, it
is somewhat beyond acceptability under the variance criteria. Pisula stated that he could not
support approval of the application because the original plan for 3 bedrooms made reasonable use
of the property, concern over lake side view of the 4-level structure, and that although this site is
unique, approval would set a precedent the Commission may have to deal with on a less-protected
and less-unique site than this site.
Turgeon moved, Rosenberger seconded to recommend to the Council that it
approve the application of Richard Kowalsky for a setback variance, variance to
expand a nonconforming structure, and height variance, subject to the staff
recommendations. Motion passed 3/1. Pisula voted nay.
The Council will consider the recommendation at its March 27, 1995 meeting.
..
PLANNING COMMISSION MINUTES
March 7, 1995 - PAGE 8
6. SITE PLAN REVIEW. FIRST STATE BANK OF EXCELSIOR
Applicant:
Location:
TSPIEOS Architects and First State Bank of Excelsior
19765 State Highway 7
Nielsen reviewed the plans submitted by TSPIEOS Architects, representing the First State Bank of
Excelsior, for a new bank facility to be located at 19765 State Highway 7, in the Waterford
Commercial development immediately east of the Waterford Shopping Center (detailed in his
memorandum dated February 28, 1995).
The plans are subject to the requirements of the City's Zoning Code and the Waterford P.D.D.
Development Agreement. Nielsen described how the proposal conforms to City requirements with
respect to use, site plan, landscaping, lighting, and building plans. Nielsen recommended
additional landscaping to include increasing to 5" the caliper of the maple trees and additional
evergreen shrubs and trees at prescribed positions on the site. Nielsen stated the plans submitted
are consistent with the Shorewood Zoning Code and previous approvals for the Waterford P.D.D.
and therefore recommended approval subject to the applicant providing a revised landscape plan
addressing the staff suggestions.
Nick Reuhl, representing the architects, stated the staffs landscaping recommendations are fully
acceptable and will be implemented. He used drawings to describe the 2-story facility and it uses
which includes space for future expansion of the bank's operations.
The Commissioners considered the application. It was noted that the P.D.D. is specific regarding
the use of the location as a bank. The signage plan will be reviewed by the staff. This banking
facility will not replace the existing Bank in downtown Excelsior.
Pisula moved, Turgeon seconded to recommend to the Council that it approve the
site plan for the First State Bank of Excelsior, 19765 State Highway 7, in the
Waterford development, with additional landscaping as recommended by the staff.
Motion passed 4/0.
The Council will consider the recommendation at its March 27, 1995 meeting.
7. MATTERS FROM THE FLOOR - None.
8. REPORTS
Councilmember Malam reported that he recently accompanied Mayor Bean at the Council meetings
of the cities of Tonka Bay, Excelsior, Deephaven, and Greenwood to provide updated information
about the proposed Senior Community Center.
The Commissioners reviewed future meeting dates and considered alternative dates for its next
meeting scheduled for March 21.
9. ADJOURNMENT
Turgeon moved, Rosenberger seconded to adjourn the meeting at 11:05 p.m.
Motion passed 4/0.
RESPECTFULL Y SUBMITTED
Arlene H. Bergfalk
Recording Secretary
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Estimate # of Potential
1 Units in Development 19 30 15 4/2 5/2 19/2 64-90 4 (2 times) 64-90
2 Main Size 8" 16" 8" 16" 16" 8" 12" 12" 12"
Distance In Feet to Bring
3 Water to the Site 2,400' 1.600' 1,200' 3.200' 1,000' 1,900' 1,400' 1,300' 3,700'
Howards Pt - Smlthtown -
4 Street Edgewood Smithtown Smlthtown Smithtown Smithtown Eureka Hwv 7 Manitou Eureka
Cost of Bringing Water
5 to the Site $ 70,600 82,400 35,300 164,800 51,500 55,900 55,600 52,000 151,700
City Share of Lines
6 Within Plat (Overslzing) - 30,000 - - - - - - -
4 single,
# of lots that can be 18 apts, 18
7 Assessed Along the Way 19 12 4 28 14 12 2 units (duplex) 26
Cost Estimate to restore
Street (Include In
8 Estimate #3) $ 27,300 18,200 13 600 36,400 11,400 21.600 16,000 15,000 42,100
Cost Estimate to
Upgrade Restoration to
Street Reconstruction
9 (Add to Estimate #3) $ 324,000 240,000 180 000 480,000 150,000 285,000 0 0 555,000
1 0 Cost of Services $ 6,840 4,320 1,440 10,080 5,040 4,320 720 8,280 9,360
· Services Estimate - $360/Servlce
. Future Hookups along Smlthtown (Eureka to Manitou) = 39 Hookups
6 Apt Units
Country Club
.
314bJ:......
'"
March 27, 1995
POLiCY CONSiDERATiONS FOR EXPANSiON
OF THE MUNiCiPAL WATER SYSTEM
Assessment:
· Assess properties as the water line goes by - deferral?
· Large parcels - Assess for 1 unit until subdivided?
· Is interest accruing while assessment is deferred?
· Flat rate assessment - $5,000 per unit or currently
platted lots.
· $10,000 per unit for new lots.
· Will all new lots be charged $10,000? Even lot splits?
1
~
HookuD:
. Is hookup required when the water line goes by? In one
year? In three years? At some point in the future, upon
one year's notice?
. Is hookup required upon property changing hands? When the
well is replaced?
2
.
Other:
· Can the well be utilized separately from water system?
· How is a decision made when a neighborhood petition is
received? 35% petition? Is everyone along the way
assessed?
· Would deferments be allowed for those along the way to the
petitioned area? If so, who pays in the interim?
· Do we have a policy that all new lots will have City
water? Including small lot splits?
· Should the City policy be to balance policies to attempt
to neither encourage nor discourage development?
· If a petition is received for a project for which a cost
benefit analysis shows it to be very expensive, if the
residents want to pay their $5,000 for water, is the
petition project placed on the CIP with an intent to do
when the water fund balance allows?
3
.
Finance:
· Should funds from a number of sources be set aside for in-
a-tower fund? For oversizing lines?
· Should the connection charge be raised from $4,000 to
$5,000 for current structures? Should there be any
credits allows?
· Should water rates be analyzed each year and adjusted
accordingly (at least increasing them for inflation)?
4