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102692 CC Reg AgP ■ CITY OF SHOREWOOD COUNCIL CHAMBERS Sr.N -D REGULAR CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD MONDAY, OCTOBER 26, 1992 7 :00 P.M. FOLLOWING THE REGULAR PORTION OF THE MEETING THE CITY COUNCIL WILL CONVENE IN A WORK SESSION FORMAT TO CONSIDER THE 1993 OPERATING BUDGET AND FIVE YEAR CAPITAL IMPROVEMENT PROGRAM - No Votes to be taken at the Work Session. s O RI MS A. Roll Call B. Review Agenda Daugherty Lewis Mayor Brancel Gagne Stover 2. APPROVAL OF MINUTES A. Regular City Council Meeting - October 12, 1992 (Att.No.2A- Minutes) � �� x � • AID i A. A Motion to Adopt a Resolution Approving Refuse Collectors License - Action Sanitation (Att.No.3A- Proposed Resolution) B. A Motion to Adopt a Resolution to Assess Water Connection Fee for Tony Studer at 5685 Minnetonka Drive (Att.No.3B- Proposed Resolution) C. A Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive the Monetary Limits (Att.No.3C- Finance Director's Memo) D. A Motion to Adopt a Resolution Accepting Modifications and Approve Final Pay Voucher for the Rehabilitation of Lift Stations 5 & 6 - City Project No. 91 -3 (Att.No.3D- Proposed Resolution) E. A Motion to Adopt a Resolution Approving the Final Pay Voucher and Accepting the Final Pay Voucher for Improvements to Pine Bend - City Project No. 91 -11 (Att.No.3E- Proposed Resolution) F. A Motion to Approve the Installation of Street Lights on Apple Road (Att.No.3F- Planner's Report) G. A Motion to Adopt a Resolution Extending'the Deadline for Recording the Final Plat of Boulder Ridge Estates (Att.No.3G- Planner's Report) t CITY COUNCIL AGENDA - MONDAY, OCTOBER 26, 1992 PAGE TWO 4. PARK A. Report on Planning Commission Meeting of October 13, 1992 B. Seasons P.U.D. - Concept Stage Plan - Elderly Housing Project - Pete Boyer (Att.No.5B- Planner's Report) C. Setback Variance - John Leebens, 23825 Smithtown Road (Att.No.5C- Planner's Report) D. C.U.P. for Accessory Space in Excess of 1200 Square Feet - Allan Larson, 4320 Dellwood Lane (Att.No.5D- Planner's Report and Proposed Resolution) E. Subdivision of a Two - Family Dwelling /Lot Area Variance - Joe O'Connor, 20345 -47 Excelsior Boulevard (Att.No.5E- Planner's Report and Proposed Resolution) F. C.U.P. for Accessory Space over 1200 Square Feet - Dana George, 25925 Smithtown Road (Att.No.5F- Planner's Report and Proposed Resolution) G. Simple Subdivision - Dave Nelson, 21780 Lilac Lane (Att.No.5G- Planner's Report and Proposed Resolution) H. Request for CUP for Temporary Trailer at Manor Park (Att.No.5H- Administrator's Memo and Proposed Resolution) I. Appeal Notice to Remove Appellant: Mary B. Bussaus Location: 5565 Harding Lane (Att.No.5I- Planner's Report) 6. 7:3 PM - PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR PROJECT NO.91 -2. STREET AND WATERMAIN IMPROVEMENTS CHURCH ROAD 7. CONSIDER ADOPTING A RESOLUTION APPROVING SPECIAL ASSESSMENTS FOR PROJECT NO 91-2. STREET AND WATERMAIN IMPROVEMENTS. CHURCH ROAD (Att.No.7- Proposed Resolution) 8. C ONSIDER OPTIONS FOR DISCUSSION METROPOLITAN WASTE CONTROL COMMISSION (Att.No.8- Attorney's Memo) t CITY COUNCIL AGENDA - MONDAY, OCTOBER 26, 1992 PAGE THREE 9 . (Att.No.9- Planner's Report and Proposed Resolution) 10.. MATTERS FROM THE FLOOR 11. STAFF REPO S A. Attorney's Report B. Engineer's Report 1. 1992 Project Updates C. Planner's Report D. Administrator's Report 12. COUNCIL REPORTS A. Mayor Brancel B. Councilmembers 13. ADJOURNMENT SUBJECT TO THE APPROVAL OF CLAIMS (Attachment Claims) WORK SESSION AGENDA 1. CONSIDER THE 1993 OPERATING BUDGET AND FIVE YEAR CAPITAL IMPROVEMENT PROGRAM 2. ADJOURN WORK SESSION JCH.al 10/20/92 t EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL MEETING AGENDA MONDAY, OCTOBER 26, 1992 PLEASE COME A LITTLE EARLY TO MONDAY'S MEETING. Carey Smith, Excelsior Fire Marshal, will be present to introduce himself to the members of the City Council and visit with you a little before the meeting. AGENDA ITEM 4 - The Park Commission is meeting in the Council Chambers on Tuesday, October 27th. AGENDA ITEM 5B - This is a submittal by Pete Boyer, for the elderly housing project, at 20095 Excelsior Blvd. The recommendation is to grant concept stage approval subject to a series of items listed on the enclosed memorandum. Motion would be to direct staff to prepare the appropriate resolution. AGENDA ITEM 5C - This is a request for a 25' setback variance from Minnetonka Drive at 23825 Smithtown Road for reasons explained in the enclosed memorandum. The Planning Commission recommends that the variance be denied AGENDA ITEM 5D - This is a CUP request for accessory space in excess of 1200 square feet at 4320 Dellwood Lane. The CUP is recommended subject to the building height being reduced to 15 feet and a resolution of the building restriction currently on the property. A proposed resolution is enclosed. Operating Budget packets will be available at the meeting should there be time for discussion after the regular portion of the meeting. AGENDA ITEM 3A - This resolution approves a refuse collectors license to Action Sanitation of Minneapolis. AGENDA ITEM 3B - This is a resolution which is necessary in order to spread the special assessment to Tony Studer which was approved by the City Council at the last meeting. AGENDA ITEM 3C - This motion to approve excess liability coverage and to Not Waive the monetary limits is done each year. A memo for clarification is attached in the packet. AGENDA ITEM 3D - This resolution accepts the work done on Lift Stations 5 and 6 and authorizes the final payment of $2,400. This is recommended by the City Engineer. ' AGENDA ITEM 3E - This resolution accepts the Pine Bend watermain z and street construction project and authorizes final payment to ' Widmer, Inc., of $2,036.11. This is recommended by the City ' Engineer. r AGENDA ITEM 3F - This would require a motion to approve the installation of a street light at a cost not to exceed a standard street light at the intersection of Stratford Place and Apple Road and to direct the requested street light on Mill Street at Apple Road be referred to Hennepin County. The Stratford Place street light is consistent with City policy. AGENDA ITEM 3G - The Army Corps of Engineers informed the £' developer that a permit will be needed. A motion would be in order to adopt a resolution extending the deadline for recording the final plat of Boulder Ridge Estates from Oct 13, 1992 to Apr 26, 1993. AGENDA ITEM 4 - The Park Commission is meeting in the Council Chambers on Tuesday, October 27th. AGENDA ITEM 5B - This is a submittal by Pete Boyer, for the elderly housing project, at 20095 Excelsior Blvd. The recommendation is to grant concept stage approval subject to a series of items listed on the enclosed memorandum. Motion would be to direct staff to prepare the appropriate resolution. AGENDA ITEM 5C - This is a request for a 25' setback variance from Minnetonka Drive at 23825 Smithtown Road for reasons explained in the enclosed memorandum. The Planning Commission recommends that the variance be denied AGENDA ITEM 5D - This is a CUP request for accessory space in excess of 1200 square feet at 4320 Dellwood Lane. The CUP is recommended subject to the building height being reduced to 15 feet and a resolution of the building restriction currently on the property. A proposed resolution is enclosed. AGENDA ITEM 5E - This is a request of a subdivision of a two - family dwelling at 20345 -47 Excelsior Blvd. The recommendation is that a required variance and subdivision be approved subject to items explained in the Planner's memorandum. A proposed resolution is enclosed. AGENDA ITEM 5F - This proposed resolution would grant a CUP for additional accessory space for property located at 25925 Smithtown Road. Approval of the permit would be conditioned on the removal of five existing structures by July 1, 1993. AGENDA ITEM 5G - The enclosed proposed resolution would approve a subdivision at 21780 Lilac Lane. The proposal is to divide this property into three lots. Recommendation is to approve the subdivision contingent upon the items listed in the memorandum enclosed. AGENDA ITEM 5H - This is a request for a temporary warming house to be placed in Manor Park. A memorandum explains thoroughly why the Planning Commission voted on a 4/3 vote against recommending the CUP. Because of head -way being made in planning for a permanent warming house structure we ask that the Council direct the staff to prepare a resolution granting a CUP. AGENDA ITEM 5I - This is an appeal on a notice to remove 30 cubic yards of brush from 5565 Harding Lane. It is recommended that the owner be granted additional 30 days to correct the violation. AGENDA ITEM 6 - 7:30 pm This is a special assessment PUBLIC HEARING for the Church Road construction project. The hearing should be open for public comment then closed for Council discussion. Final determination will have to be made as to the total amount to be assessed. AGENDA ITEM 7 - After the Council determines which assessment roll is to be accepted this resolution adopts the special assessments for the Church Road project. AGENDA ITEM 8 - Enclosed in the packet for your consideration is a memorandum from the City Attorney Tim Keane as well as a letter and charts from MWCC. Representatives from MWCC will be at the meeting to present any information they have accumulated over the last two weeks. The Council should determine its next course of action. AGENDA ITEM 9 - This is a resolution making a point of clarification in the resolution denying a variance to John Einhorn at 5580 Howards Point Road. JCH.al 10/23/92 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 12, 1992 MINUTES COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. The meeting was called to order by Mayor Brancel at 7:00 p.m. PLEDGE OF ALLEGIANCE • A. ROLL CALL Present: Mayor Brancel; Councilmembers Daugherty, Gagne, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planner Nielsen, Finance Director Rolek. B. REVIEW AGENDA Stover moved, Gagne seconded to approve the Agenda for October 12, 1992. Motion passed 510. 2. APPROVAL OF MINUTES Gagne moved, Daugherty seconded to approve the regular City Council meeting minutes of September 28, 1992. Motion passed 510. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for October 12, 1992. Gagne moved, Stover seconded to approve the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 93-92 "A Resolution Proclaiming the Month of November, 1992 to be Epilepsy Month in the City of Shorewood." B. RESOLUTION NO. 9492 "A Resolution Extending the Deadline for Recording a Simple Subdivision for Thomas Doherty." 1 REGULAR CITY COUNCIL MINUTES OCTOBER 12, 1992 - PAGE 2 C. RESOLUTION NO. 95 -92 "A Resolution Granting a Conditional Use Permit for Additional Accessory Space and Setback Variances to John Dolan." D. RESOLUTION NO. 96-92 "A Resolution Accepting the Shady Hills Storm Sewer Improvements City Project No. 91-1." Motion passed 510. 4. PARK A. Report on Park Commission meeting of September 29, 1992 Jennifer McCarty, Park Commissioner, reported that the Commission requests that the contractor excavate the Silverwood Park pond to the size originally designed. This will temporarily delay completion of landscaping of the park. The Co mmissi on has reviewed the new budget format, discussed the Co objectives, discussed the sale of a small piece of land, and recommends approval of the design agreement with OSM for a boundary survey for Freeman Park and authorization of a letter of agreement to prepare and submit a grant application. B. A Motion to Approve Design Agreement with OSM Regarding a Boundary Survey for Freeman Park Gagne moved, Stover seconded to approve the Design Agreement with Orr- Schelen Mayeron & Associates, Inc. (OSM) for a boundary survey for Freeman Park. Motion passed 510. C. A Motion to Authorize Letter of Agreement with Mark Koegler to Prepare and Submit a Grant Application Stover moved, Lewis seconded to authorize a Letter of Agreement with Mark Koegler to prepare and submit a grant application under the Federal Surface Transportation Program Funding. of Bikeway and Walkway Projects. Hurm brought the Council's attention to the areas in Shorewood that are eligible for construction of bike paths and pedestrian ways. He indicated that the Park Commission has placed a priority on providing a bike way on Old Market Road and the grant will be requested for its construction. He noted that the grant request requires a matching contribution from the City. Hurm indicated that additional funds may be available for construction of bike paths and /or pedestrian ways in other areas of Shorewood. Motion passed 510. 5. PLANNING - None 2 REGULAR CITY COUNCIL NBNUTES OCTOBER 12, 1992 - PAGE 3 01 0 Representative Gloria Vierling, Commission Precinct G, Metropolitan Waste Control Commission (MWCC), introduced Louis Clark and Gordon Voss, Chair and Chief Administrator, respectively, of the MWCC. Mr. Clark introduced Don Bluhm, technician, MWCC. Hurm read his September 30, 1992 letter inviting representatives of the MWCC to attend this meeting and outlining the Council's concern regarding the MWCC's proposed $122,500 increase (42 %) in charges for Shorewood's 1993 sewer service. Dresel described the City's I/I control program begun in 1988 and pointed out that this effort has not reduced sewer charges for the City. • Rolek described the MWCC's estimated and final billing method noting that since 1990 charges have increased from 11% to 42 %. He described the charges and their correlation to the level of Lake Minnetonka and to the population increase. On a annual basis from 1989 to 1993, while the population has increased about 4 %, the sewer charge has increased approximately 14 %. Rolek noted that although he has not seen any data to support this correlation, according to MWCC staff, increases are attributed to the fluctuating level of Lake Minnetonka. It was noted that the proposed 1993 charges reflect a $52 increase per household per quarter. The 1992 increase of 40% combined with the proposed 42% 1993 increase reflects an 82% increase over the two -year period. Gagne stated that this issue has been discussed by the Council over the past eight years and money has been spent -to improve the system, yet Shorewood has not seen any relief from the ever - increasing costs. Further, he stated that action be taken to stop the increases. • Keane suggested that given the efforts of the City and Council over the past several years, the Council may wish to engage an independent fact finder to assist on the City's behalf to seek some remedy to stop the increases until such time that demonstrated justification between the increases and usage is presented to the satisfaction of the Council. Lewis asked if the reason for the increase is because the City can't meter or measure its usage due to I/I problems and whether any increase in the level of the Lake automatically increases the charges. Voss stated that by law MWCC is required to measure the flow. He stated that 4% of the increase reflects the increased costs of the Commission and the balance is from flow increases that have occurred either because of increased estimated flow or because of the cost allocation. Stover questioned the ability to accurately measure flow in that much of it is not metered therefore it is impossible to estimate flows. Gagne stated that staff and the Council does not agree with the explanations provided by the MWCC. Stover questioned how charges 3 REGULAR CITY COUNCIL M]NUTES OCTOBER 12, 1992 - PAGE 4 can be estimated when flows are not metered. Daugherty indicated that proof should be made available on the actual volume of sewer flow. Voss stated that the Commission has installed 26 temporary flow meters in an attempt to measure flow and analysis of those measurements will be available in December. Brancel stated that the Council needs solutions to the long - standing problems. Lewis requested an explanation of how the City can control this problem and what further can be done besides spending additional funds for investigation. Don Bluhm acknowledged that Shorewood has a complicated system. He described system as a combination of metered and unmetered flows. He stated that according to records, the actual flow from the City in 1989 was 265 million gallons and in 1991 it was 450 million gallons which represents a major increase. Daugherty, Lewis and Stover requested details of meter locations and estimating procedures • when flows are both metered and unmetered. Don Bluhm acknowledged that there is a problem with measurement. He stated that 70% of the community is metered. Dresel expressed surprise at the 70% figure noting that he has worked with Commission staff to attempt to map the meters and suggested that metering may represent flow out of the City, but questioned accurate measurement of flow into the City. Lewis asked for information on Shorewood's system and questioned the discrepancies in charges for other cities surrounding Lake Minnetonka. Voss indicated that their measurements show definite increases in flow, that additional meters have been installed to determine where leaks in the system are coming from and further action will be taken following analysis. Daugherty questioned the Commission's financial incentives to reduce its budget and • monitor its expenses. Voss described the Commission's legal requirements and stated that the Metropolitan Council controls its budget. Clark reviewed the Commission's budget process noting that one -third of the operating budget goes to debt reduction. He indicated that special emphasis being placed on debt management and long term financial planning. Daugherty stated that it appears there may be some fiscal irresponsibility involved and requested proof of Shorewood's actual sewer inflow and outflow. Gagne reiterated his desire to take action toward an injunction against the increase. In response to Stover's question, Clark stated that the Commission receives income from: 1) the volume of water it receives and 2) charges to industrial users based on strength. Stover asked about the level of control the Metropolitan Council exercises over the Commission, whether there was something unusual about Shorewood's situation and what in the Commission's view is the factual basis of this problem. Voss indicated that Shorewood's situation is similar to that of the other cities surrounding Lake Minnetonka. He stated that the Metropolitan Council has specific control over the capital budget and generally over the operating budget. 4 REGULAR CTTY COUNCIL MINUTES OCTOBER 12, 1992 - PAGE 5 Vierling noted that in her four years on the Board, this is the first time she has heard from Shorewood. Voss suggested providing the analysis resulting from the extensive measuring system installed this summer to clarify the Council's questions. Brancel stated that to date factual information has not been provided to the Council. Lewis stated that there was some responsibility on the part of the Commission to assist Shorewood when its data show significant rate increases that are not verifiable. Voss explained the cost allocation system used by the Commission. Gagne moved, Daugherty seconded to direct the City Attorney to bring to the Council at its next meeting (October 26, 1992) a specific course of action to be taken to secure verifiable accurate information requested and any alternative courses of action to seek legal remedies with emphasis on the 1993 proposed increase. • It was noted that 1993 increases are effective January 1, 1993. Rolek reiterated that the increase is about 40% per household and represents 3/5 of Shorewood's operating budget. Dresel indicated two questions are at issue: 1) the estimated flow measurement and MWCC's I/I problem and 2) the disproportionate payment for sewer service by Shorewood. Motion passed 510. Lewis moved, Stover seconded to request that Shorewood staff assist MWCC to provide the Council at its October 26, 1992 meeting an explanation and factual proof that I/I investigation has been done on MWCC lines in Shorewood to justify the cost estimates being assessed. Daugherty requested that this proof be provided in two weeks. Voss indicated it may be difficult to provide the information within that time frame and requested assistance from Shorewood staff. Don Bluhm indicated some information has been provided by the staff but other information is required particularly regarding individual home usage. Stover questioned precisely what this information will prove given the vagaries of metering. Daugherty took issue with the Commission's need for extended time to provide factual data in that a levy has been assessed the City for 1993 sewer charges based on data apparently already available. Lewis withdrew his motion. Lewis moved, Stover seconded to request that MWCC return information to the Council in two weeks (October 26, 1992) justifying flow rates it maintains are Shorewood's responsibility. Motion passed 510. Clark assured the Council that the Commission will do whatever it can to resolve this situation. 5 REGULAR CITY COUNCIL MINUTES OCTOBER 12, 1992 - PAGE 6 Mayor Brancel thanked the MWCC representatives for attending the meeting. The Council meeting recessed at 8:50 p.m. and reconvened at 9:00 p.m. 7. CONSIDER A REQUEST FOR TWO STOP SIGNS - SHOREWOOD OAKS DRIVE AT MAPLE LEAF COURT Gagne requested clarification from the staff regarding its recommendation against the additional stop signs requested by petition from the Shorewood Oaks Homeowners Association. Dresel explained that from an engineering standpoint, MNDot has advised that it is prudent to follow the Manual of Uniform Control Devices which prescribes four warrants to determine whether a stop sign is warranted or not and this location does not meet any of the warrants. In addition, police reports indicate proper vehicle speeds on Shorewood Oaks Drive, but additional enforcement may be warranted. Gagne indicated that a second set of stop signs is justified based on safety concerns. Daugherty indicated there are limited methods to regulate the apparent increased cut - through traffic in the area and therefore supported installation of a second set of stop signs. Brancel asked whether control of use of turn lanes during specific hours has been considered. Dresel responded that the road is considered a local thoroughfare and that would inconvenience the local residents and would divert the traffic elsewhere. Kent Forss, 26155 Shorewood Oaks Drive, stated that the neighborhood is one of the most densely populated areas of children and the entire existence of the road is because of the Shorewood Oaks development and the road is not a through road, but was designed for the neighborhood itself. The speed of vehicles is an additional concern and a stop sign would make people slow down when coming through. Stover stated that this is a typical cut- through problem. She expressed concern about the lack of an adequate road system in that area. Lewis stated that he favored actions that discourage traffic and promote safety in the neighborhoods. Gagne moved, Daugherty seconded to approve installation of two additional stop signs at Maple Leaf Court. Motion passed 510. 8. CONSIDER A REQUEST TO REDUCE SPEED ON COVINGTON ROAD BETWEEN VIl'TE HILL AND SWEETWATER CURVE • Hurm reviewed the petition received from concerned residents regarding alleged excessive speeds on Covington Road between Vine Hill and Sweetwater Curve. It recommends an enforced reduced speed limit of 25 miles per hour and /or installation of speed bumps. He indicated that the best solution may be more enforcement but noted the Police Chief's response to the request expressed concern regarding providing intermittent or continual 6 REGULAR CITY COUNCEL MIN1Y ES OCTOBER 12, 1992 - PAGE 7 police presence given limited resources. The Chief does not recommend installation of speed bumps because they are neither safe nor effective and present potential liability for the City. Hurm noted that the Chief will be proposing that individual cities hire, at their own expense, part time officers to address specific problems. Ed Leipold, 5900 Covington Road, stated that there are four houses on the block and for some reason on that short strip, some people have a heavy foot. It is not all cars, but certain ones. He did not feel the speed limit should be reduced to less than 25 miles per hour, but if people that are speeding would see an officer there on an irregular pattern, it would slow them down. If those people using the street as a speedway were ticketed, they would slow down. The safety of children is a concern. Leipold identified a number of the cars that speed with regularity. A mail box has been hit recently due to speed. In addition, because there are no street lights people cannot find Covington after dark. Leipold hoped that something could be done for safety reasons. Daugherty observed that traffic moving downhill on Old Market Road to the stop sign is fast and that the same problem exists there. He recalled that the Police were requested to monitor that entire area and he was somewhat displeased by the report in that it appeared to make excuses why they can't police the area rather than increasing surveillance and issue tickets when appropriate in that area and any other area of Shorewood where excess speed is a concern. Brancel noted that the Police Chief will be asking the Coordinating Committee to suggest that cities hire their own officers for such duty. She pointed out that other cities are making similar requests for surveillance. Gagne indicated that this is what the Police Department is hired to do. Lewis stated that his interpretation of the Chiefs response was that he did not particularly agree that a problem existed and that if he can not provide the enforcement, • the City should hire its own officer to do so. Brancel reported that calls from residents indicate surveillance is not adequate and the Chief cannot provide more enforcement. Daugherty indicated that South Lake police have consistently monitored Vine Hill with success in deterring excess speed. He saw no reason why Shorewood can't ask the local police to monitor the subject area on a semi - regular basis so that people are aware of the surveillance. Daugherty did not favor hiring another officer until South Lake does what they are asked to do. Lewis stated that this was not a perceived problem of the Council, but a concern and problem communicated by residents. He indicated that it is not important that traffic get out, but that it get out safely. Stover moved, Daugherty seconded to re- direct the Police Department to increase surveillance in this area, as much as possible, and to submit to the Council a four week written and oral report at a Council meeting. Motion passed 5/0. 7 REGULAR CITY COUNCIL MINUTES OCTOBER 12, 1992 - PAGE 8 ' CONSIDER • FOR STREET UGIM ON • 1 • • F BETWEEN VINE HILL ROAD AND SWEETWATER CURVEIyM RID Nielsen indicated that there is justification for installation of street lights requested in a petition received from residents on Covington Road. He indicated that the request meets the criteria for street lights and reviewed the appropriate location for placement of the lights. Gagne moved, Stover seconded to approve installation of street lights on Covington Road between Vine Hill Road and Sweetwater Curve/Vine Ridge Road Motion passed 510. 10. A MOTION TO ADOPT A RESOLUTION APPROVING FINAL PAYMENT FOR THE S.E. AREA WATER TREATMENT PLANT - A &K CONSTRUCTION Daugherty suggested that approval of final payment be deferred although test results show excellent water quality, he stated that further testing should be done. Lewis indicated his water quality has improved. No comments have been received from other residents. Noel Vogen reported that numerous tests indicate that the water quality is very good and additional flushing will remove remaining sediment in the pipes. Dresel reported acceptable test results obtained by Munitech. Gagne moved, Lewis seconded to approve RESOLUTION NO. 97 -92. "A Resolution Accepting Project No. 91458, Water Treatment Plant for the Southeast area, Well No. 7." Motion passed 510. • 11. CONSIDER A REQUEST TO INCREASE BUDGET - S E AREA WATER TREATMENT PLANT - ASSOCIATED CONSULTANTS - Noel Vogen Noel Vogen, Associated Consultants, reviewed his request for additional consulting fees for additional landscaping work added to the project prior to the bid letting, underground piping work, control system modifications, and protracted studies and testing to optimize performance. Lewis asked why the costs ran up so high without an indication to the City about the cost over -runs and whether additional fees were requested at that time. Vogen indicated the project came in under budget, but that he did not request additional fees during the construction phase. Lewis questioned the number of hours spent on additional landscaping and questioned why additional fees were not requested as they occurred. Stover indicated that unless a contractor specifies work done outside the original contract, it is assumed that adequate funds have been appropriated for the costs. 8 REGULAR CITY COUNCIL MINUTES OCTOBER 12, 1992 - PAGE 9 Daugherty moved, Gagne seconded to deny the request from Associated Consultants for additional consulting fees for the Southeast Area Water Treatment Plant Lewis questioned whether staff assistance was inaccurate or incomplete and whether the number of hours submitted are reasonable for the work involved. Brancel and Stover recalled that some discrepancies did arise during the contract approval process, but that the Council was assured at that time that the bid would cover those expenses. Gagne indicated that given the modifications that occurred, perhaps some negotiation of the request was appropriate. It was noted that under current policy, this type of request, after the fact, would not be allowed. Motion passed 3/2. Lewis and Gagne voted nay. 12. A MOTION TO AMEND CHAPTER 903 OF THE SHOREWOOD- CITY CODE RELATIVE TO DELINQUENCIES Rolek noted that this amendment adds an "Appeals to Discontinuance of Service" section to the City Code, as requested by the Council. Lewis moved, Gagne seconded to approve ORDINANCE NO. 260 "An Ordinance Amending Chapter 903 of the Shorewood City Code Relative to Delinquent Water Utility Accounts." Motion passed 5/0. 13. CONCmFR a M011ON FOR CONDITIONAL USE PERMIT AND VARIANCE REOUEST - VINE HM L MARKET W a. Skipperett-W Applicant: James V. Pyle, Owner (Vine Hill Market) Location: 19215 Highway 7 Nielsen indicated that this request was previously tabled and the Applicant is unable to present plans at this meeting as scheduled. Gagne moved, Daugherty seconded to direct the staff to prepare a Findings of Fact Resolution denying the request of James V. Pyle, 19215 Highway 7, for a Conditional Use Permit and Variance for Vine Hill Market (a.ka. Skipperette). Motion passed 510. 14. CONSIDER A REQUEST FOR ASSISTANCE REGARDING CI'T'Y WATER HOOK UP Applicant: Tony Studer Location: 5685 Minnetonka Drive 9 REGULAR CITY COUNCIL MINUTES OCTOBER 12, 1992 - PAGE 10 Tony Studer, 5685 Minnetonka Drive, described his request and reasons for assistance regarding costs related to City water hookup. Gagne asked for clarification of the proposed assessment. Brancel asked whether this accommodation would set a precedent. Rolek indicated such requests are handled on a case by case basis by the Council. Stover moved, Gagne seconded to approve the request of Tony Studer, 5685 Minnetonka Drive, to pay $1,000 down and spread the remaining $3,000 water hook -up fee over three years as a special assessment certified on the tax roll, at an 8% interest rate and waive his right to a Public Hearing. Motion passed 5/0. 15. APPROVE LOW OUOTE FOR LANDSCAPING FOR THE PUBLIC WORKS FACIIITY Hurm recommended that the Council authorize acceptance of the bid of Lan -De -Con Inc. for landscaping at the new Public Works Facility. The City had received several quotes. Stover moved, Gagne seconded to accept the bid, not to exceed $12,500, of Land- De-Con Inc., Excelsior, MN, as the landscape contractor for the Public Works Facility. Motion passed 510. 16. MATTERS FROM THE FLOOR - None. 17. STAFF REPORTS A. Attorney's Report - None. B. Engineer's Report 1992 Project Update Church Road Assessment Policy Dresel reported that work on the Public Works Facility will be completed soon. He described the issues surrounding the proposed assessment for Church Road construction work and presented alternatives for the Council's consideration prior to the assessment hearing scheduled for 7:30 p.m., Monday, October 26, 1992. C. Planner's Report Nielsen informed the Council about agenda items scheduled for its October 26, 1992 meeting. 10 REGULAR CITY COUNCIL MINUTES OCTOBER 12, 1992 - PAGE 11 D. Administrator's Report Residential Recycling Funding Policy Revision Effective January 1, 1993 through December 31, 1997 Hurm briefly described the changes to the Hennepin County Residential Recycling Funding Policy recently adopted by the County Board. Report on Speed Complaints - Old Market Road /Covington Road Hurm brought the Council's attention to the Police Chief s activity report on patrol in the area of Old Market /Covington Road. Schedule for Old Public Works Building Removal Hurm brought the Council's. attention to the proposed schedule for removal of the Public Works Department's maintenance building. tit 1► y I ' • : w, A. Mayor Brancel - None. B. Councilmembers Daugherty noted that a Sweetwater Circle resident expressed concern regarding recent repairs to the road by random applications of asphalt. Hurm noted that dips in the road were leveled using asphalt in order that the road can be adequately and safely snow - plowed. Dresel noted that some deterioration has occurred where sewer lines were run. Daugherty asked that the responsibility for permanent repairs be researched. 19. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Gagne moved, Stover seconded to adjourn the City Council Meeting at 1030 p.m subject to the approval of claims and re scheduled the Work Session to the Council's meeting on October 26, 1992. Motion passed 510. 11 REGULAR CITY COUNCIL MJNUTES OCTOBER 12, 1992 - PAGE 12 Arlene H. Bergfalk Recording Secretary Northern Counties Secretarial Services ATTF T: JAMES C. HURM, CITY ADMINISTRATOR BARBARA J. BRANCEL, MAYOR • • 12 RESOLUTION NO. -92 RESOLUTION APPROVING REFUSE COLLECTOR'S LICENSE WHEREAS, the Shorewood City Code Section 507.05 provides for the annual licensing of refuse collectors in the City; and WHEREAS, said section provides that an applicant shall complete an application and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicant has satisfactorily completed this application and fulfilled the requirements for the issuance of a Refuse Collector's License. 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That a Refuse Collector's License be issued for the remainder of the year and to expire on December 31, 1992 to the following applicant: Applicant Firm Name Address • Dave Hayes Action Sanitation 5117 Zenith Ave S. Minneapolis, MN 55410 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of October 1992. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator ;-V4 RESOLUTION NO. -92 A RESOLUTION APPROVING SPECIAL ASSESSMENTS FOR MUNICIPAL WATER SERVICE CONNECTION CHARGE WHEREAS, Shorewood City Code Chapter 903 provides for the collection of municipal water service connection charges as a special assessment to the benefitted property, and, WHEREAS, the owner of the property to be assessed has petitioned the City for the special assessment of such water service connection charge and waives the requirement of a public hearing in accordance with Minnesota Statutes 429.031, Subd. 3, and, • WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the municipal water service connection charge as set forth below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the following connection charge be assessed against the property identified below: Property Identification Number Amount to be Assessed 34- 117 -23 -23 -0003 $3,000.00 2. That such special assessment is hereby accepted and • designated as Levy No. 12675, and shall constitute the special assessment against the property identified above, and such property is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 3. That such assessment shall be payable in equal annual installments extending over a period of three (3) years and shall bear interest at the rate of 8 percent (8 %) per annum from the date of the adoption of this assessment resolution. 4. That the owner of said property so assessed may pay the whole of the assessment against the property to the City of Shorewood without interest if payment is made prior to November 25, 1992. After November 25, 1992, following the date of the assessment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of assessment through December 31 of the following year. All payments thereafter shall be in accordance with the provisions of Minnesota Statutes Section 429.061, Subd. 3. 5. That the City Administrator /Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists for the County, and such assessments shall be collected and paid over the same manner as other municipal taxes. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 26th day of October, 1992. Barbara Brancel, Mayor ATTEST: • James C, Hurm, City Administrator /Clerk • 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 U U 14 M% TO: MAYOR AND COUNCILMEMBERS FROM: AL ROLEK DATE: OCTOBER 20, 1992 RE: 1993 INSURANCE COVERAGE As you know, the City obtains its general liability insurance coverage through the League of Minnesota Cities Insurance Trust (LMCIT). This coverage includes a $1 million umbrella policy to cover liabilities in excess of the statutory limits under the general liability policy. The LMCIT requires that the City Council decide whether to waive the monetary limits on tort liabilities established under Minnesota Statutes 466.04 to the extent of the excess liability coverage ($1 million), or not to waive such limits. In prior years, upon the advise of the City Attorney, the Council has chosen to not waive these monetary limits. The savings in insurance premium for electing to not waive the limits is about $3,000. It is recommended that the Council be consistent with prior policy and elect to not waive the monetary limits established under Minnesota Statutes. If you have any questions relative to this matter, please contact me prior to the meeting, as this item is a consent item on the agenda. 3C A Residential Community on Lake Minnetonka 's South Shore • LMCIT EXCESS LIABILITY COVERAGE Cities obtaining excess coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory liability limits to the extent of the excess coverage purchased. This decision must be made by the city council. CITIES PURCHASING EXCESS COVERAGE MUST COMPLETE AND RETURN THIS FORM TO LMCIT BEFORE THE EFFECTIVE DATE OF THE COVERAGE. For further information, refer to the accompanying memo. City officials may also want to discuss these issues with the city attorney. The City of SHOREWOOD accepts excess liability coverage • limits of $ 1,000,000. from the League of Minnesota Cities Insurance Trust. Check one: X The city DOES NOT WAIVE the monetary limits on tort liability established by Minnesota Statutes 466.04. -OR- The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the excess liability • coverage obtained from the League of Minnesota Cities Insurance Trust Date of city council meeting; Signature: Position: Return this completed form to Berkley Risk Services, Inc., 920 Second Avenue South, Suite 700, Minneapolis, MN 55402 -4023. 04/92 OCT 21 '92 15 :57 OSM MPLS, MM P.2 Orr Scitelen lv a etnn& . Associates, Inc. 300 Park Place Center 5775 Wayzata Boulevard lvtinneapoiis. NIN 55 th - t?ZS 612 -595 -5775 1-800- 753 -5775 PAX 595 -5173 Engineers Getober 21, !992 Architects Planners Surveyors City of Shorewood 5755 Country Club Rd. Shorewood, Minnesota 55331 . Re . Rehabilitation of Lift Staticss No, 5 and No. 6 Project 40. 91 -3 094 Comm. NO. 4686 City Council Enclosed are four (4) copi -as of Construction Payment `toucher No. 2 & Sinai on the r eferenced project -;- I. - k e amount of $ 2 pursuant to Our professional aoinion based Loon observation, testing, analysis and other sampling techniques we performed, the canstfucticn was ccxpletad in accordance with the glans and specifications. Upon receiat of affidavit, State of Minne Form IC - 134, and also Receipt and Waiver of Lisp Rights from New lac't Coce3nies,Inc., p l ea52 make payment to New Mech Companies, Inc., 1633 Ectis St., Lauderdale, Mn. 55108 -1743 at your earliest convenience. • Very truly yours, ORR- SCHELB- MAYERON & ASSOCIATES, INC. '012 ,P.E. Project Engineer J�D :RSD �nclasures : cc New each Conpanies, Inc. t ,3C7 Equal Oppurtunay Employer OCT 21 '92 15: OSM MPLS, MM P,3 Estimate Voucher No. 2 & Final CONSTRUCTION PAYMENT VOUCHER Date October 21, 1992 For Period Ending October 15, 199? Project Ala. 91 -3 _ Class of �qrk : Rehabilitation of Lift Stations No. 5 and No. 6 Location No. 5 - Edgewood Rd. east of Howard's Point Rd. To : New tech Conpanies, Inc. — -------------------------------- ---- -- 16 Eutis St. No. 6 - Easement - west of Smithtown Rd. Lauderdale, stn. 55103 -1288 _- ��------------ --------------- -- ---- Ph (612) 645 -0451 For City of Shorewood, Minnesota 55331 Fax (612) 642 -5591 A. Original Contract Amount 3. Total Additions C. Total Deductions • D. Total Funds Encumbered S 52,000.00 1 0.00 200.00 3 E. Total Value of Bork Certified to Date F. Less Retained Percentage X G. Less Total Previous Payments H. Total Payments Including This Voucher I. Balance Carried Porward J. APPROVED FOR PAYKEHT, TH13 51,800.00 $ X1,300.00 3 0.00 5 49,00.00 3 51,800.G0 S 0.00 V O U C H E R 2,400.80 APPROVALS ORR SCHELEN MAYERON & ASSOCIATES, INC. Pursuant to our field observation, as performed in accordance with our contract, and based on our professional opinion, materials are satisfactory and the work properly performed in accordance with the plans and specificat and that the total work is 100 Y completed as of October i5, 1992 . We hereby recommend payment of this voucher. Signed : Signed : Construction Observer This is to certify that to the best of my knowledge, infarmatian, and belief, the quantities and values of work certified herein is a fair approximate estimate for the period covered by this voucher. Contractor ; New Mech Conpanies, Inc. Signed By Date Title City of Shorewood Approved for payment Voucher ---- -_-- .. ----------- -- ------ -- ------------------------------------------- Checked By ; Authori_ed Representative .�---- ----------- -- --- Date Date . Page i of 2 - 4686 tt OCT 21 '92 15 :59 OSM MPLS, MN :sate Vouther !lo. ? '� Final e October 21 1992 abilitation of Lift Stations Me. 5 and Rio. 6 ;ect Yo. 91 -3 the y of Shorewood, Minnesota 55331 tract Date : April 9, 1991 k Coapleted : October 15, 1992 0 Item i P.4 Contractor : New Mech Conzaries, Inc. 1633 Eutis St. Lauderdale, MR. 551 8 -1 -288 Pa (612) 645 -0451 Fax (612) 6r2 -559: Work Started : June 10, 1991 Coagletion rate : July 15, 1991 Wart Coagieted Contract This Am Total to Date snit Price Total Price Month This Month suan : y Total Price as per plans and specifications. 1 L.S. 27,000.00 27,000.00 1 27,000.00 1 27,000.00 Furnish and install all tabor and oateriais for the coaplete rehabilitation of Lift Station Yo. 6 as per plans and specifications. 1 L.S. 25,000.00 25,000.00 1 25,000.00 1 25,000.00 Total Base Bid S 52,000.00 $ 52,000.00 5 52,004.00 DEDUCT - 200.00 - 200.00 - Total to Date S 51,900.00 5 51,800.00 5 51,8D0.04 Wage 2 of 2 4686 R OCT 21 '92 15:57 OSM MPLS, MN Post -It' brand fax tr a ns mittal m emo 7M ITIT ~1 detft Gi1L.( Phone Fait _ RESOLUTION NO. .92 RESOLUTION ACCEPTING THE MODIFICATIONS TO LIFT STATIONS 5 & 6 AND APPURTENANT WORK CITY OF SHOREWOOD CITY PROJECT NO. 91-3 WHEREAS, the City of Shorewood has entered into a contract with New Mech Incorporated for the Modifications to Lift Stations 5 & 6; and 40 WHEREAS, a final ins echo p n has been made by the City Engineer pursuant to paragraph 43 of the General Conditions of said contract. NOW, Th3EREFORE BE IT RESOLVED that: The City does hereby accept the work completed pursuant to said contract and the one Year guarantee provided for in section 57 of the General Conditions shall commence as of the date of this resolution, subject to the following to items: 1. The contractor must make satisfactory showing that he has. complied with the provisions of Minnesota Statues 290.92 requiring withholding state income tax; and 2. Evidence in the form of an affidavit that all claims against e g th contractor by reasons of the contract have been fully paid or satisfactorily secured. ADOPTED BY THE CITY COUNCIL, of the City of Shorewood, this 26th day of October, 1992. ATTEST: James C. Hurm City Administrator Barbara J. Brancel .Mayor t t OCT 21 '92 1746 OSM MPLS, MN RESOLUTION NO. -92 P.1 RESOLU'T'ION ACCEPTING THE PINE BENZ} WATERMMN EXTENSION, STREET CONSTRUCTION AND APPURTENANT WORK PINE BEND AND HOWARDS POINT CITY PROJECT NO. 91-11 'G E EREAS, the City of Shorewood has entered into a contract with Widmer Incorporated for the improvements to Pine Bend; and WHEREAS, a final inspection has been made by the City Engineer pursuant to paragraph 43 of the General Conditions of said contract. NOW, THEREFORE BE IT RESOLVED that: The City does hereby accept the work completed pursuant to said contract and the one year guarantee provided for in section 67 of the General Conditions shall commence as of the date of this resolution, subject to the following to items: 1. The contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statues 290.92 requiring withholding state income tax; and 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. ADOPTED BY THE CITY COUNCIL, of the City of Shorewood, this 26th day of October, 1992. ATTEST: James C. Hurm City Administrator Barbara J. Brancel Mayor OCT 21 '92 1 7t47 OSM MPLS, MN P.2 1 D7Ct3E1L NO.t 4 i Final Tot WIDMER, INC. DATE: October 20, 1992 - H.O. BOX 219 P:+03ECTS Pnm SEAR NATZVALM EYT8N9Iou St. Hanitacius, MN 55375 FtWJECT HO. s 91 -11 OJM COW. No. s 4775.10 Fr>btt City Of Shorewood, 10 - i i A- ORIGINAL COUTRACT AWXMT: $217,491.75 B. TOTAL ADDZTXONSt $0.00 Cw TOTAL DEDUCTIONSt $0.00 s D. TOTAL FUNDS RgcUMBEREDS $117,491.75 8 TOTAL VALUE OF WOU c==PIED TO nA2E: $120,340.29 F. 1E58 Rr=ZNED PERCEMTA % 0 t $0.00 G. LESS TOTAL PREVIOUS PAYMEHTSt $118,304.18 B 'TOTAL PAYMENTS INCLUDING THIS VOCCUER: $120,340.29 I: ZNCUMBERED FUNDS CARRIED FORWARD: (S2,848.54) J: APPRO't/ED FOR PAYMZHT THIS VOQC=RS $2,036.11 ORR- Scmu- ftAYEROH i ASSOCZAT23, INC. Pursuant to our field observation, as performed in accordance with our contract, we hereby Certify that the s,aterialss ate satisfactory and the work properly performed in accordance with the plans and specifications and that the total work is 100 It completed as of October 15, 1992. We hereby f5zm s voucher. i Signed: Signedt Construction observer eer "' -- This is to certify that to the best of S:y knowledge, information, and belief, the quantities and values at work certified herein is a fair approximate value for the period covered by this voucher. I CONTRACTORS Wideer, Inc. SIGNED BY; s DATES TITLES i 08 SBORYWOOD APPROVED: OAT-Is T1= s r t t 1 MAYOR Barb Brancei COUNCI L hristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF MEMORANDUM TO: FROM: • DATE: RE: FILE NO. • SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 Mayor and City Council Brad Nielsen 22 October 1992 Street Lights Request - Apple Road 405 (Street Lights) Our office has received a request from residents in the area of Apple Road asking that street lights be installed at the intersections of Apple Road /Mill Street and Apple Road /Stratford Place (see Site Location map - Exhibit A, attached). Their request is attached as Exhibit B. The request is considered consistent with current City policy which specifically cites intersections as appropriate locations for street lights. Since Mill Street is a County road, we will refer the request to them for their approval. Please note that the residents have asked for a type of light at the Stratford Place location which tends to focus on the intersection without spilling light onto adjoining properties. We will check with NSP to see what is available. The residents have agreed to pay for any increased cost over what a standard light costs. If no such type of light is available they ask that a standard light be installed. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday evening. cc: Tim Keane Joel Dresel Ronald Zenk A Residential Community on Lake Minnetonka's South Shore cJ�� (41) (22) 14; ............. tE ---- ------------ -- 7 --- - - - - -- - �['t 68 205 107 r i 106 46 97 ---------I --------------- t ': (7) ..:-. 4 130--.4 l8 6 q It nost (41) 1 --------------- Ci (42) L --- ----- -- ----- (20 4 51% % 3 1 4- 1 IIISSI TIT a 1 4 110 (5) 47r. I 479 (4) ct 80- 3 (43) -P SO nititict (42) (33) 1 5) (17) (26) 14) 24 32): --------------- (2) ITS 33 off (12) 1a) (2T) (27) LOT 2 ............ 15) 173 113 Q o+ (19) t 3 'ta. .27 E Ta.3 saa*i7 Ab (21) I 49 Ila e (30) A 2 2) (32 (50) %* PAA!,bF (44) NI 0? 119 �p (48) E b 2 4 (24) (14) AL .(2 fOR APPAREM CISMPANCY (22) 45) A IN INIS LINE SEE It L S NO NS CASE NO 4661 7 2042 .V. 3T 3m 96 •C9• 11 51rE o o ol 127 C a PART OF LOT a (6) I " (25) PART OF 96.94 (36) 1 LOT 128 (22) p /gy I 1 (7) 115 19' (26) (21) 94 47.94. . 43. 2 17.45 I T. (3) (27) 4, SO A ----------- I% n A . . .... ................ ..................................... u 24) J' Jll �r, L+ TT re 4rA+ Uo,h #W0 (28) 15L R 745 66 sm,34"Till 'A p - 4 .4 Us 1 1;4.53 No, 34 SE OtIft I A 182.513 (14 1 ( 13) I ;z 4 (12) 26 0) (19) (15) ' 141.4 (30) A 5 SIRATFORD' PL 6) ( JI. 1 ) (2 531 $ 25) n 1 1 3 149 .. 1119. 5 190.8 a 24) Saq,4O,E 3 13) 16r. 7) L t I sq 135 6.5 (22) 138 (14) 303.2T I — — '. 56. (16) 134 18 a 10 15 c cjb (14) 17 RLS m ?72 ` 256.43 N69.69.51.9 v (20 CITY F SHOREWCOQ "a ---------- ------- ---- ------------------- 2632.42 RES (22) ............. 2 ff 3 ............ -- 7 --- - - - - -- - �['t ct 80- 3 (43) -P SO nititict (42) (33) 1 5) (17) (26) 14) 24 32): --------------- (2) ITS 33 off (12) 1a) (2T) (27) LOT 2 ............ 15) 173 113 Q o+ (19) t 3 'ta. .27 E Ta.3 saa*i7 Ab (21) I 49 Ila e (30) A 2 2) (32 (50) %* PAA!,bF (44) NI 0? 119 �p (48) E b 2 4 (24) (14) AL .(2 fOR APPAREM CISMPANCY (22) 45) A IN INIS LINE SEE It L S NO NS CASE NO 4661 7 2042 .V. 3T 3m 96 •C9• 11 51rE o o ol 127 C a PART OF LOT a (6) I " (25) PART OF 96.94 (36) 1 LOT 128 (22) p /gy I 1 (7) 115 19' (26) (21) 94 47.94. . 43. 2 17.45 I T. (3) (27) 4, SO A ----------- I% n A . . .... ................ ..................................... u 24) J' Jll �r, L+ TT re 4rA+ Uo,h #W0 (28) 15L R 745 66 sm,34"Till 'A p - 4 .4 Us 1 1;4.53 No, 34 SE OtIft I A 182.513 (14 1 ( 13) I ;z 4 (12) 26 0) (19) (15) ' 141.4 (30) A 5 SIRATFORD' PL 6) ( JI. 1 ) (2 531 $ 25) n 1 1 3 149 .. 1119. 5 190.8 a 24) Saq,4O,E 3 13) 16r. 7) L t I sq 135 6.5 (22) 138 (14) 303.2T I — — '. 56. (16) 134 18 a 10 15 c cjb (14) 17 RLS m ?72 ` 256.43 N69.69.51.9 v (20 CITY F SHOREWCOQ "a ---------- ------- ---- ------------------- 2632.42 RES Lori A. and Ronald T. Zenk 22060 Stratford Place Shorewood, MN 55331 October 22, 1992 Mr. Bradley J. Nielsen Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Nielsen: As we discussed over the telephone this morning, attached are twelve signatures in addition to my own supporting the addition of street lights on the corner of Apple Road / Stratford Place, and Apple Road / Mill Street. A common sentiment expressed by most residents was that a flood light was necessary at the Apple Road/ Mill Street intersection, but that a more concentrated beam would be preferred at the Stratford intersection. Four homeowners in particular expressed concern over a flood light at the Stratford intersection and requested, if at all possible, to place a dome around the light or to use a spot light instead of a flood light. Mr. Nielsen, please let us know our options for concentrating the light on Stratford after you have had a chance to talk to NSP. We certainly appreciate your assistance in this matter. Best regards, Ronald J. Zen cn-p— �i hJ c''r 1 C - lei i J re "?" 8e At'? - P1E- xtieb Lori A. and Ronald J. Zenk 22060 Stratford Place Shorewood, MN 55331 September 29, 1992 Mr. Bradley J. Nielsen Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Nielsen: On behalf of the residents of Woodhaven II, located on Stratford Place in Shorewood, I would like to request your consideration of a street light on the corner of Apple Road and Stratford Place. 1 0 Further, on behalf of all other residents located along Apple Road, I would like to request your consideration of a street light on the corner of Apple Road and Mill Street. At night, it is extremely difficult to see people, cars or the intersections themselves. Both intersections have existing power line poles which could easily accommodate a street light. Due to development of Apple Road and Stratford Place, both streets have increasing populations of children, leading to frequent stroller walks and child play near the intersections. As parents, we are concerned for the safety and visibility of our children and ourselves in the neighborhood. Mr. Nielsen, I would appreciate it if you would add these items to your next Planning Commission Agenda. Please call me at 448 - 8858 if you have any questions or comments. Best regards, Rgnald J. Zenk The undersigned, being a homestead resident of Shorewood located near the intersections described above, fully supports this request. Signed: Address. /'% Dated: t-�_ - �-I/ .Sr 154W L MAYOR Barb Brancet COUNC I L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 * (612) 474 -3236 MEMORANDUM TO: FROM: DATE: RE: FILE NO.: Mayor and City Council Brad Nielsen 23 October 1992 Boulder Ridge Estates - Extension of Deadline for Recording Final Plat 405 (92.03) As I mentioned at your last meeting, the Army Corps of Engineers expressed an interest in the Boulder Ridge Estates development, just prior to the developer recording the plat. Since this situation is not the fault of the developer, staff recommends granting a six -month extension for recording the final plat. While there is a remote possibility that construction could start yet this season, it is more likely to anticipate a spring start. Approval of the proposed resolution is recommended subject to the developer paying all City expenses to date. BJN:ph cc: Jim Hurm Tim Keane Joel Dresel Ron Miller A Residential Community on Lake Minnetonka's South Shore 3 �7 L.& M. Properties, Inc. 953 Mississippi street Fridley, Minn. 55432 Phone (612)571 3514 October 12 1992 Attn. Mr. Brad Nielson, and City Council. City of Shorewood 5755 country Club Road Shorewood, Minn 55331 Re: Extension of plat deadline Dear Mr. Nielson and councilpersons: I have been contacted by the Army Corp of Engineers and informed that we will need a permit for the Boulder Ridge Estates project. The process will take approximately ninety (90) days. In other words we will not be able to start construction until spring. It is for this reason that we are asking for a six (6) month filing extension.See attached. Sincerely, L.& M. Properties, Inc. Ron Miller, President r - I LJ 9 RESOLUTION NO. A RESOLUTION EXTENDING THE DEADLINE FOR RECORDING THE FINAL PLAT OF BOULDER RIDGE ESTATES WHEREAS, Shorewood City Council Resolution No. 66 -92, dated 13 July 1992, approved the final plat of Boulder Ridge Estates; and WHEREAS, just prior to the developer recording the final plat, the Army Corps of Engineers expressed an interest in the project; and WHEREAS, the permit required by the Corps of Engineers effectively prevents the project from commencing during the 1992 construction season; and WHEREAS, L & M Properties, Inc. has requested additional time to record his plat. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood, Minnesota, that the deadline for L & M Properties, Inc. to record the plat is hereby extended to 26 April 1993. C: ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 26th day of October, 1992. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator /Clerk CITY OF MAYOR Barb Brancel COUNCIL Kristi Stover Bob Gagne Rob Daughertv Daniel Lewis SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 * (612) 474 -3236 MEMORANDUM TO: Planning Commission, Mayor and City Council 0 FROM: Brad Nielsen DATE: 7 October 1992 RE: Seasons P.U.D. - Concept Stage Plan - Elderly Housing Project FILE NO.: 405 (92.23) BACKGROUND Mr. Pete Boyer has submitted plans for a 24 -unit elderly housing project to be located at 20095 Excelsior Boulevard (see Site Location map - Exhibit A, attached). The project is proposed as a planned unit development (P.U.D.) pursuant to Section 1201.03 Subd. 20 of the City Code. Mr. Boyer requests concept stage approval. The subject property is zoned R -2A, Single and Two - Family Residential and contains 4.2 acres of area. Land use and zoning surrounding the site are as follows: north - Excelsior Boulevard then single - family residential; zoned R -lA east - church; zoned R -2A south - State Highway 7 west - single - family residential; zoned R -2A As shown on Exhibit B the project consists of 12 two - family buildings, six of which are accessed from Excelsior Boulevard and six of which are accessed from the north service road of Highway 7. The internal circulation system is proposed to be privately owned and maintained. The project is more fully described in the narrative contained in Exhibit C. A Residential Community on Lake Minnetonka's South Shore `� Re: Seasons P.U.D. Concept Stage Plan 7 October 1992 ISSUES AND ANALYSIS A. Elderly Housing; Requirements. Section 1201.03 Subd. 20 of the City Code contains requirements specific to elderly housing projects. Following is how the proposed P.U.D. complies with the Code: 1. Projects limited to residents 62 years of age or older are allowed density increases beyond what the zoning of the property would normally allow. The developer proposes to restrict occupancy to residents older than 62. 2. The age restriction will be enforced via protective covenants recorded against the property. Occupancy will be monitored by the City through annual reports submitted by the homeowner's association. 3. The Code requires space for at least one garage stall per unit. The developer proposes two -car garages for each unit. 4. Qualifying elderly housing projects are allowed a density of eight units per 40,000 square feet of area. Based upon that formula, the property could yield up to 36 units. The project contains 24 units at a density of 5.25 units per 40,000 square feet of area. 5. The Code limits buildings to one and one -half stories in height. Although building plans are only preliminary as of this writing, the developer indicates they will be limited to a single story. 6. Elderly housing projects are required to provide a minimum of 20% usable open space. Usable open space is that which is available and accessible to residents for either active or passive recreation, not including paved areas. The landscaped open space for the proposed P.U.D. amounts to approximately 36 percent of the gross site area. B. Site /Design Issues. 1. Building separation and setbacks. While P.U.D.'s are allowed setback flexibility internally, setbacks at the periphery of the project are required to comply with those required for the district. In this respect the project complies with the R -2A District (i.e. front - 35 feet, rear - 40 feet, sides - 10 feet). It should be noted that units 1 -2, 3 -4, and 19 -20 back directly up to setback lines, leaving no room for future decks. Floor plans for these units should provide space for future decks and /or patios. -2- Re: Seasons P.U.D. Concept Stage Plan 7 October 1992 Separation between buildings presents somewhat of a concern. The Code requires buildings to be separated by at least one -half the sum of the building heights. The space between units 18 and 19, for example,, is only 10 feet. Several others are as close as 15 feet. The development stage plan should provide additional spacing between buildings. 2. Circulation and parking. Although garages provide required parking for each unit, there is no space provided for guest parking. It is recommended that the site plan be adjusted so that 20 feet exists in front of each garage. Additional guest parking spaces should also be considered since no room exists for on- street parking. Driveways should be at least 22 feet in width, preferably 24 feet. Adequate room should be provided for emergency vehicle access and should be subject to the recommendations of the City Engineer and Fire Marshal. 3. Landscaping /screening. The developer's site plan calls for screening along the west and north sides of the property. Additionally he proposes to construct a ten -foot high earth berm along the south side of the site in the area currently occupied by the service road. This will require approval by the Department of Transportation. 4. Drainage. A badly deteriorated old storm sewer system traverses the site from south to north. Replacement of this system should be addressed by the City Engineer. The developer proposes to handle on -site drainage with an existing ponding area on the site. This area exists as a designated wetland. The developer proposes to relocate the pond approximately 80 feet to the south. This must be subject to the approval of the Minnehaha Creek Watershed District and the City Engineer. Development stage plans should include runoff calculations to determine what the capacity of the pond should be. 5. Park dedication fees. Park dedication fees for this project will amount to $18,000. This maybe an area where the City should consider negotiating lower fees as a means of encouraging senior housing. 6. Local sanitary sewer access charges. This project will be required to pay $24,000 in LSSAC, another area in which the City may wish to consider negotiation. - 3 - Re: Seasons P.U.D. Concept Stage Plan 7 October 1992 7. City water is available to the site. Preliminary discussion with the developer indicates that he may request that the City install water and sewer and assess the costs to the project. RECOMMENDATION The project is consistent with the zoning requirements for elderly housing and would seem to fulfill a part of the City's goal to implement senior housing in Shorewood. It is therefore recommended that concept stage approval be granted subject to the following: • 1. As part of his development stage plans the developer should submit a draft of proposed protective covenants which would limit occupancy to people 62 years of age or older. 2. The development stage plan must demonstrate that all units have room for future decks or patios, complying with setback requirements. 3. The site plan must be adjusted to comply with building separation requirements. 4. The site plan must provide for 24 -foot driveways plus 20 feet of space in front of each garage. Circulation must be approved by the City Engineer and the Fire Marshal. 5. The developer should submit a more detailed landscape plan as part of his development stage submittals. 6. Prior to submitting development stage plans, the developer must obtain approval from MNDOT for use of the current service road right -of -way. 7. The developer must address existing and proposed site drainage to the satisfaction of the City Engineer and the Minnehaha Creek Watershed District. 8. The City should consider reductions in sewer charges and park dedication fees as a means to encourage elderly housing and reduce project costs. BJN:ph cc: Jim Hurm Tim Keane Joel Dresel Pete Boyer -4- • -�P < �J � �p. Ei ?i9 Gg RI fIV R a < m L /AM e n 0 I ' Q \\ V \ \ USTIC WAY — SUNSET BLAf mm C=� IL K 5 m ��n•�y A `3 Gf``�GO � /� B DEEPHAVEN RD. REST VINE ST. - ��; �- �-: --rte:_ -- � - —'�F' . •- - - - ---- -'-- L1J Y � Fop w F . Subject site �,• -- - ` ALSAN rc? 5,�PSE Pp SEPJ �CE GREENWOOD \ gL \J° EXCELS `E LD CIR. w H / � yg OISsm% O CHAR rw -7� a j I Exhibit A North ;' SITE LOCATION Seasons P.U.D. - Concept Plan -. M i w z _ a � RD. ' I H1LlS iNADY U � J J I r I � i \ It. 'T(OSlo yr, ! 7 T If. 9X.y g O / \ ` 84 1 1 c- 4- S PROPOSED DEVELOPMEN r It ,v I 1 \\ + � �\ I 'rR�tti IDl \ PRELIMINARY I CONCEPTS �\ \ SEASONS \ ELDERLY HOUSING M INN E S O MINNESOTA Y \ // PETE TOYER CONSTRUCTION INC D liNf OLD E10ELfIOP LLVl) �� fNOIIFWOOD. µNNlfUT• Cr JAMES RO &N 'L LANDSCAPE AR4NITEC! O 1Ml0 TiR[iTfEET F IG7y.9 s«Ew[wEIOD Enw «csnri Exhibit B PROPOSED SITE PLAN 8 September, 1992 THE SEASONS PUD SHOREWOOD, MINNESOTA GENERAL CONCEPT STAGE 1. GENERAL INFORMATION a) Landowner Pete Boyer Construction Inc. 19685 Old Excelsior Boulevard Shorewood, Minnesota 55331 474 -8077 b) Applicant Pete Boyer Construction Inc. c) Professional James Robin, Landscape Architect Consultants 23420 Park Street Shorewood, Minnesota 55331 474 -3946 d) Evidence of Control Over Property See Attached Affidavit 2. PRESENT STATUS a) Address b) Existing Zoning 20095 Excelsior Boulevard R 2A Senior Housing Consultant Bruce Farrington FIRST AMERICAN CONSULTANTS, INC. 5100 Eden Avenue South Edina, MN 55436 929 -2122 c) Adjacent Development (see Sheet 1 of Submittal Drawings) 3. WRITTEN STATEMENT This PUD proposes to construct 24 units of Elderly Housing, tentatively called, "The Seasons" on 4.2 acres located immediately north and east of the newly constructed intersection at Old Market Road and State Highway 7. The proposal does not contain any provisions for other land uses. The Seasons is proposed in response to the much discussed and agreed upon need for elderly housing in the City of Shorewood. The intention of the PUD design is to provide barrier free, individual, for -sale units within the context of a spacious, landscaped setting controlled by a Homeowners Association. The project is intended for elderly owners, age 62 or older, with two occupants per unit Exhibit C -1 PROJECT NARRATIVE 9 September, 1992 The Seasons PUD Page 2 of 3 The Seasons meets the requirements of the PUD Ordinance, Subd 4, General Requirements and Standards: a) This Application for PUD is being submitted by the landowner, Pete Boyer Construction Inc b) This proposed PUD is consistent with the Comprehensive Plan for Shorewood. c) Adequately sized, existing Sanitary Sewer is available by gravity flow on three of the four site boundaries. d) The Common Open Space of the Seasons amounts to 49% of the site area, well in excess of the minimum. e) The Common Open Space of this PUD will be controlled by a Property Owners Association mhich meets the requirements of the City of Shorewood. f) The Staging of Open Space construction will meet or exceed the requirements of the City of Shorewood. • g) The Residential Density under the current PUD Ordinance could be 36 based on 1 unit per 5000 squaqre feet of site. The Seasons PUD design has been deliberately held to 24 units for several reasons. First. all the living units willl be one story, barrier free with attached 2 car garages. In concert with adequate open space around the units, this necessarily restricts the total number. Second, the existing topography and the storm water storage needs of the site suggest a lower density. Third, the presence of an existing Type 1 wetland mandates care with its integration into the design. The proposed design features two clusters of 12 units with each cluster being served by separate, private driveways. The cluster idea is proposed as a means of creating a physical sense of community. h) All utilities will be installed be underground i) Utility Connections will meet the requirements of the City of Shorewood 1) City of Shorewood water is available nearby to the southeast and must .be extended to or through the project site 2) Sanitary Sewer is available at the site as indicated on the Drawings. j) The private roadways within the site will meet the requirements of the City Engineer. The roadway layout is being reviewed by the Excelsior Fire Marshall. k. Landscaping will meet the requirements an approved plan. The intention at this time is to construct a 10 foot high berm along highway 7 which will be planted with evergreen trees. The interior of the site will be planted with overstory shade trees and appropriate shrub and herbaceous plants near the units or as creen elements. The existing vegetation will be retained wherever practicable, particularly the established areas along Old Excelsior Boulevard and the edges of the site toward the residential area to the west. I. The buildings proposed consist of double units. m. Setbacks and separations of buildings meet the requirements of R 2A C -2 9 September, 1992 The Seasons PUD Page 3 of 3 n. Additionally, The PUD site along with the existing, adjacent Church site provides storm water storage capability sufficient to handle a the contribution from the adjacent watershed from a 100 year event of 6" in 24 hours. The net increase in storm water caused by the development of The Seasons can be contained on -site o. Additonally, off street parking requirerttents are fulfilled by two enclosed garage spaces per unit as well as open spaces as shown on the drawings. 4. SITE CONDITIONS SEE DRAWINGS, Sheets 1 and 2 of 3 5.. SCHEMATIC DRAWING OF THE PROPOSAL SEE DRAWINGS, Sheet 3 of 3 6. TABULATION OF LAND USE SEE DRAWINGS, Sheet 3 of 3 7. STAGING Stage 1 Completion, Fall 1993 • Stage 2 Completion, Fall 1994 8. COMMON OPEN SPACE All private drives and landscaped area including wetland 9. RESTRICTIVE COVENANTS A Property Owners Association with mandatory membership will manage all common open space Sales of the units will be restricted to persons aged 62 or older. C -3 T • MAYOR Barb Brancel COUNCIL Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 9 (612) 474 -3236 MEMORANDUM BACKGROUND TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 8 October 1992 RE: Leebens, John Setback Variance PILE NO.: 405 (92.21) Mr. John Leebens owns the property located at 23825 Smithtown Road (see Site Location map - Exhibit A, attached). He proposes to move the old existing home to a different position on the lot, restore it, and build a new detached garage on the west side of the lot. Although the house would be relocated to comply with current setback requirements, he requests a 25 -foot setback from Minnetonka Drive for the proposed garage (10 feet instead. of 35 feet). The property in question is zoned R -2A, Single and Two - Family Residential and contains approximately 38,760 square feet of area. The required R -2A setbacks are illustrated on a copy of the applicant's survey - Exhibit B, attached. This drawing shows the location of the existing house and garage and the proposed house and garage location. Exhibit C is the applicant's proposed site plan. Since there is no scale to this drawing, we .used the dimensions he provided to prepare Exhibits B and E which are drawn to scale on copies of his survey. His request is explained in his letter, dated 11 August 1992 (Exhibit D). A Residential Community on Lake Minnetonka's South Shore j i Re: Leebens, John Setback variance 8 October 1992 ANALYSIS /RECOMMENDATION Section 1201.05 Subd. 2. of the City Code sets forth the criteria for consideration of variance requests. The basic test for a variance is - can the property be put to reasonable use without the variance? As can be seen on the attached exhibits, there is ample buildable room on the site to accommodate the relocation of the existing home as well as the construction of the new garage within the buildable area of the lot. Much of the applicant's case is based upon the preservation of the existing walnut trees in the center of the lot. It should be noted, however, that the garage can be located to comply with setback requirements without having to move the house from its proposed location. Exhibit E shows just two alternatives. Alternative A was discussed with the applicant. He dismissed this idea citing some relationship between the rooflines of the house and the rooflines of the garage. Alternative B shows the garage roof with an east -west orientation. A design similar to this could provide an additional advantage by serving to screen the front of the house from the activity on County Road 19. These alternatives are not intended to tell the applicant how to develop his property, but rather to illustrate that the garage can be located on the lot without a variance. There is a discrepancy between the applicant's legal description and the platted location of Minnetonka Drive, resulting in a seven to eight -foot gap between the lot and the street r.o.w. The alternatives shown on Exhibit E give the property owner the benefit of the doubt by measuring the 35 -foot setback from the street r.o.w. rather than his west property line. Based upon the preceding there is more than adequate room on the subject site for all structures to comply with the City Code. The applicant has failed to demonstrate that any hardship exists on the property, preventing its reasonable use. It is therefore recommended that the variance be denied. BJN:ph cc: Jim Hurm Tim Keane Joel Dresel John Leebens -2- ' � a.' • ; , � q � e6 7r � ` (6) �r sus 4 ' g rr. r ( I) ( 2) S) r (34) a ' a 64 - AVO d 's (33 " ' °•38 ' , � a 2 . 17 s l S -� -- .51 - - I .oSE : e... ..i!a.......,►a..........i�o... - Iso 9 c '�••' L �� (32) $ (31)A t PMT OF; t.OT 292 - a �. - - IQ (5) p� (7) , 6 ' �i �`fQ 9.33 47.1: 86.31 304 _ (36) 7 �. 10 291 ( 0) (37) ,� :•36.60 1 . t - - - Lri51 -- 1 - ; T --------------------------------- _ ._4 � •. f t'� = -- r , 150 16 E 128 1 • ' , _ 288 _ (4 5) '�DIf�� N •s ^ - ; � 40) * ; �•' 44 _ Si.'t43 .'`' 290 i (q ) r '� A L 51 128 �. l - Z•� 8 3c .tee n� ' 12 °' °' t ' . 0.10• ! ° i ( ) ; i �.� d • to 1 •5 A .� ( ��' ' ' , v , 128.25 1 , , 100 , too .121 1p � PART LOT 184 ✓ ��`�^ PMT Of LOT 287' / 7 ::" (4) (42) ; (41) 5' ��® (7) rt23 . STr - 15O (6 �F LOT 286 II M E TO K fnl (l n PMT � - 2 ' ® i i .i...... 2 136 528.25 _ (23) (13) 8 " (19) _ , 4 (.- -: (2 1) o (ZO) 200 t 1 g 125 1 278.25 ISI: t6 t24.9z �( �)� t� its ' 105 48 ON UU tS ^ n (8) (9) 149.24 1.6 7 ```i ' • ,0 2 _ (24) 9q .CA ° ' \' ✓ ` (I I) o ( 10) ° 4: 40 R-50 87 �j �', m s �. T OF �: - 169.75 3) r, [S �+ t.6 $ { 2 •I - `- �- __4T 28 '''� .� ' ►-+ r 1 6 , (24) e 239.76 ' ' 1 t45. . (22) - - _ (23) " cz5) ° _ $ GILLETTE $ CUR R ,. (25) 17_0. 23 .19 109.. 109.9 .4 2S Nr• y �_ - Y ' `' p r ^ 181.35 t2o 2 R•y?. $ pt `0 ►1',. 7 . N (16) `"° (26) - t� 2 8p•46 ° ;,9 4 ° ( 3) ( 4) ° (15) " b 170.71 = 0 1 ( 12) ;Z - - o S 1 (26) t t 1 181.75 (27) r - o 1 2 11 ° ( 27} t0 t 1 t t 200 - -- -_ - -� O 3 (28) ' 4 /�1(J� 171. t9 L5 UtJ 18) �j 14 tze.es - 20 . 24 °� (29) " 2 M °� 4,,:. (30} 4 t� n 7 (31) (28) 1 19) (/U �t (35) 3 S 99.56 I' _ 223.9 l Ir V 1 \ ►1 .95 WC 2 n r _ (37) o (38) (33) 6 �4r. u 9e -� (34) 589•, 61 • LOT 27 .D�� 38) OT 30 n J _ - 77 .7S. t ' �5 A �S9 65 Cr � r35 101 9 r . f•` 5 � 8 0 (5) ° 13.9 6 c 6 02.2 ,^ x - (12) 9 217 GOVT LOT 1 Exhibit A SITE LOCATION Leebens setback variance X . 4 ri o V p� p y I S M D ri ve _ ,.... I 60.0 ` Nj37 l449q I Q -41.57 - - - s a th 0 q' �O ' c u, U; No °!Z'4 � A I = r 4 L a I kip 3 "�� I82.79 ;4 - - -- - - - -- — N W S a V IL dD 4' V V N �I R i �O ' c u, 0 N ak. L � w � 1L �r Z N lV IIIYJJJ O N 1 � � L W �!1 3 0 I 19¢ 65 M 77 N a � 1 a� r U; No °!Z'4 � A I � r 4 L a I kip 3 "�� I82.79 ;4 - - -- - - - -- — 0 N ak. L � w � 1L �r Z N lV IIIYJJJ O N 1 � � L W �!1 3 0 I 19¢ 65 M 77 N a � 1 a� r U; No °!Z'4 � A I � r 4 L Ul Lft O o iN 0 N ak. L � w � 1L �r Z N lV IIIYJJJ O N 1 � � L W �!1 3 0 I 19¢ 65 M 77 N a � 1 a� r wz ro r� D a h t i � e 0 o � to �. ONE r • 'a 1 � h 1 d N h NA s- til v r- 1 Ln d pt 1 o/ i f v G O_ rp ?+ ;� 7 fi �a Exhibit C APPLICANT'S SITE PLAN D a h t i � e 0 o � to �. ONE r • 'a 1 � h s August 11, 1992 Zoning Committee Shorewood Village Hall Shorewood, MN 55331 Re: 23825 Smithtown Road • (Lot 184, Auditor's Subd. No. 135) Dear Committee: We are requesting a variance from the 35 foot setback to the 10 foot setback on Minnetonka Drive. We want to place the garage on the same site as the existing garage, which is approximately 10 feet from the lot line, for the following reasons: 1. The garage location sets the placement for the house that is being moved to a new foundation on the south side of the lot. The moving of the house will ensure a 35 foot set back on Smithtown Road that does not exist now. Our objective is to place the garage on the Minnetonka Drive side of the house, back to the south lot line set back and situated parallel to the house. See attached chart. 2. By moving the house further east on the lot to comply with 35 feet, we would have to remove or endanger several walnut trees that are over 100 year old. The University of Minnesota says that these trees have moderately sensitive roots and as little root damage as possible should occur to ensure the health of the trees. 3. The current, more accurate survey has placed the Minnetonka Drive lot line 8 1/2 feet further east and the south line 4 1/2 feet north. This compounds the location of the house and the walnut trees. The new Minnetonka Drive lot line is 32 feet from the street pavement edge in contrast to a mere 3 feet on my neighbor's side across Minnetonka Drive. This large visual green way appears as a 35 foot set back. The existing garage is 10 feet from the old lot line. We want the new garage to be 10 feet from the new lot line. 4. In addition, the elevation on the southeastern part of the lot drops off 3 to 4 feet creating problems with restoring the original wrap- around porches if the house and garage had to be moved so far to the east. This would take away from the visual Exhibit D -1 APPLICANT'S REQUEST LETTER characterists of the 1870's farmhouse. 5. Finally, the other three houses on this block of Minnetonka Drive do not comply with a 35 foot set back. Two of the three houses are close to a 10 foot set back, thus posing the question why do we need to be that different? We are trying to restore and greatly enhance this 1870's slice of history for the area. -We wish to create an asset to the neighborhood as well as to the tax roles. We would appreciate your • postive assistance in granting this variance. S in n & Shirley Leebens 2701 Sunset Boulevard Minneapolis, MN 55416 Telephone: 926 -3349 Exhibit D -2 it .vC,. A/ 97 ° 39'6 18:,•36 r� 4 r0 '97.0 Z • • 1Ja inu' 98 , 7- p JZ.7 2 � Wo / f ' i ! 9613 NGlnui WQ //Itf' N 8' ° 3 °' 10 17.0 Z kw in a' Ma) 9E.Z E : ! f ,Z.7 s 9 6.2 home NI 1 7S. { N N h0 Vvi011,' ! r. 375 � Qj N 8' ° 3 °' o rz i { ( c i s i - n r•� 10 17.0 Z kw in a' 9E.Z E : ! •_.iGGd -- i i p� t t` home NI 1 7S. --,r7ka 1 Qj o rz i { ( c i s i - n r•� Zo" 9 *3 9813 Wainut WQIn"t %.e i (96 6) kQ I , f-. I ! r � NI 1 I r O� r• N c Exhibit E ALTERNATIVE GARAGE LOCATIONS 10 17.0 Z kw in a' 9E.Z E : ! Wa /nuf t t` NI 1 1 i Zo" 9 *3 9813 Wainut WQIn"t %.e i (96 6) kQ I , f-. I ! r � NI 1 I r O� r• N c Exhibit E ALTERNATIVE GARAGE LOCATIONS z 0 a l l� 0 A LL J H 0 �E 0 0 3 u !I! wl r - -- r. - -►- w� ° z a� 1� w o IC 3 1 .. ul � II Y Z a N I z III II II 1 — - - - -J � I 1 I I, � I � I I( I� ,I II I I ' II I I . I _ � = =1 ' r o p� Exhibit F BUILDING ELEVATION - FRONT v • a If-- W �iw 0 LL IL z o E o 0 3 o _ _A I I II I I II I I I I II I I - - - -r" - — - I z it i I I _ _-!l I I I I I I I I I I I I I I i I I I I I I I I 1 �+_�� i I +-t Exhibit G BUILDING ELEVATION - BACK V _1 Q N _ ll1 Q V• _ _A I I II I I II I I I I II I I - - - -r" - — - I z it i I I _ _-!l I I I I I I I I I I I I I I i I I I I I I I I 1 �+_�� i I +-t Exhibit G BUILDING ELEVATION - BACK • • u BROWN B U S I N E S S -SYSTEMS �,� --;-7 e "d j wt:11 -A VA glea� 7 7 i 4420 -1/2 Color do S . S.E. Prior Lake, in esota 55372 w MEMORANDUM MAYOR Barb Brancel COUNCIL Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 o (612) 474 -3236 TO: FROM: DATE: RE: L r Planning Commission, Mayor and City Council Brad Nielsen 9 October 1992 Larson, Allan - C.U.P. for Accessory space in Excess of 1200 Square Feet FILE NO.: 405 (92.22) BACKGROUND Mr. Allan Larson proposes to construct a detached garage on his property located at 4320 Dellwood Lane (see Site Location map - Exhibit A, attached). Since the total area of accessory space on the property will exceed 1200 square feet, he has requested a conditional use permit pursuant to Section 1201.03 Subd. 2.d.(4) of the City Code. The subject property is zoned R -lA, Single - Family Residential and is also subject to the requirements of the S, Shoreland District. The property is occupied by Mr. Larson's existing home which includes an attached garage. It should be noted that the applicant's property consists of two lots which have been legally combined into one parcel. The total area of the site is 49,140 square feet. The proposed building measures 26' x 34', plus an 8' x 10' storage room in back, and contains 964 square feet of floor area. The existing attached garage contains 992 square feet bringing the total accessory space on the property to 1956 square feet. The existing house contains 2616 square feet above grade. A Residential Community on Lake Minnetonka's South Shore AlkK L L D Re: Larson, Allan C.U.P. for Accessory Space 9 October 1992 ANALYSIS /RECOMMENDATION Following is how the applicant's request complies with the City's Code requirements: 1. The total area of accessory space (1956 sq. ft.) does not exceed the total area above grade (2616 sq. ft.) of the existing structure. 2. The total area of accessory space does not exceed ten percent of the minimum lot size for the zoning district in which it is located (.10 x 40,000 sq. ft. = 4000 sq. ft.). 3. The proposed building complies with the setbacks of the R -lA/S zoning district. The applicant's combination of the two lots results in less building coverage than if an additional home would have been built on the center lot. The building as proposed is approximately one foot taller than the 15 foot maximum height allowed for detached accessory structures. The building plan should be corrected to comply with the Code. 4. The architectural character (building materials, roof pitch, etc.) of the proposed building is consistent with that of the existing house. The applicant's request is complicated somewhat by an existing deed restriction (Exhibit D) which precludes his building on the lot for 17 years. Mr. Larson has obtained the approval of his neighbor (one of the parties holding interest) and intends to buy out the other party by paying off an existing contract for deed. Although this is a private matter between him and the parties who have interest in the property, it should be resolved prior to issuance of the building permit for the garage. The applicant's proposal is considered to be consistent. with Shorewood's zoning requirements. Approval of the C.U.P. is therefore recommended subject to:. a. The building height must be reduced to 15 feet. b. The existing deed restriction on the property must be resolved prior to issuance of a building permit for the new garage. BJN:ph cc: Jim Hurm Tim Keane Allan Larson James Van Valkenburg -2- ' � � 001 ~ 001 - 11 � •,1 � � � �_ �- � _� � � _� � � _. r In tl � - ` -�/ t •� 1 ''ell O ¢ ` �� I � I I i 1 1 1 1 � � p 1/•� / S I S J I ti� W a. \ as N o CD cc A Op Q_ a p Q ...., g S yl � ,• `� cc I r V 1ti' b1 �• � _ \ 741 �_ -. M. ....................• ••1- _.................. 8 ....... ................................ _.. .. .... Aw 1 N T � S2 b� � � _ � .'a' l $• e I Y t 1 1. A �JS • .t�' \ r� �l ef `\•/ a `fioirL.L= abl � �. 001. .�� o� � � i �� S roe; . Noosr� IB 1 ' R , �? 1,111, _ _ _ - %�•'�•q .'A � � bj ' • .. ,. 1 _ -- -fe'fli��i•� tw" „ � �' ; COQ, d s —0� Exhibit A SITE LOCATION a Larson - C.U.P. S3N. m:tl.Op . ; a --- -- it L yA Exhibit C BUILDING ELEVATIONS DECLARATION OF RESTRICTION AND EASEMENT WHEREAS, Paul D. Albitz and Marilyn Olson Albitz, husband and wife, (collectively the "Declarant ") are the fee owners of the real property legally described as Lots 1, 2, and 3, Block 1, Albitz Addition, Hennepin County, Minnesota (hereinafter "Lot 1 "Lot 2 which is fifteen feet northeasterly of and parallel to the southwesterly boundary line of said Lot 2 (which 1 ^° 4 ° °' ^^ 4,1- northeasterly boundary line of Lot 1, Block 1, Alt Exhibit D 3. The easement set forth in paragraph EXCERPT FROM EXISTING DEED RESTRICTION automatically terminate as of the date seventeen and "Lot 3 ", respectively); WHEREAS, Lot 1 and Lot 3 have been improved with single family residences; WHEREAS, Lot 2 is currently unimproved; WHEREAS, Declarant intends to convey Lot 2 and Lot 3 to Allan Larson and Margaret Larson ( "Larson ") and retain ownership of Lot « k:. �a H �.J x�.< �.J J,:,:,:¢J:�..m:.:Mx,�.,�,,.. �.:::�M . .: •v. ....JJ>V.:. < .:t.. Y ,�< ; ., : .. „ �.�::..:.: s . x: 4.JJJJ: xr.::: w,..,.,.: s. . x.,, nw.. xJ. atic: �x:,.: r.:::.,, c: w::.J::.:;J:.JJ xo>.. :r.:: s.JJJJ.:J.:.., o:»: ti..:. :.,, a::. w.. k .:xx:aJJ:: :...::.` : w,.:,,.: ?4iz:N:i:':;nS;:a:Y::'•:'G;:Sr. . -R ti.:N:izYSS WHEREAS, Declarant wishes to impose a restriction on the l3 future development of Lot 2 for the benefit of Lot 1 and .:N:: • .x.::ira.Ax:::�.t.;S create an easement over Lot 2 for the benefit of Lot 1 prior to the conveyance of Lot 2 to Larson. NOW THEREFORE, Declarant hereby declares as follows: 1. That, for a period of seventeen years from the date this Declaration is filed in the office of the Hennepin County Registrar of Titles me owner of Tet 2 3 3 C£ ? .. • •L •. •,,•iOti '%i."%'ri•YJS. ., :< ::......... :Jhv tt:B:iN>}y :,yy, ?Y;::rJ'::RG: ? ?LSX.:itY4J W. tKGOtN•: 4xV: NM4ix 4: Y.?K4Jx'$i'µ }xiIM:i:.4: %:iAPM. may construct any permanent structures t Ltd M This restriction shall not prevent the construction of a driveway, providing access to Lot 3, over and across Lot 2 at the expense of ?, :.� J•:. ;.�JY. �..: �,�;�.. J.x, ,.•;.?�,?,.,;:�,.<�...':'�• J the owner of Lot which is fifteen feet northeasterly of and parallel to the southwesterly boundary line of said Lot 2 (which 1 ^° 4 ° °' ^^ 4,1- northeasterly boundary line of Lot 1, Block 1, Alt Exhibit D 3. The easement set forth in paragraph EXCERPT FROM EXISTING DEED RESTRICTION automatically terminate as of the date seventeen AMENDMENT TO DECLARATION OF RESTRICTION AND EASEMENT WHEREAS, 1` E L S A- L r4'e- L60AJ and 5 ;�t_t_ 4, C',�,e % S c •J (collectively, the " cAZL. 4 -nb / s ") are the fee owners of Lot 1, Block 1, Albitz Addition, Hennepin County, Minnesota ( "Lot 1 WHEREAS, Paul D. Albitz and Marilyn Olson Albitz (collectively the "Albitzs ") are the fee owners of Lot 2, Block 1, Albitz Addition, Hennepin County, Minnesota ( "Lot 2 "); WHEREAS, Allan B. Larson and Margaret P. Larson (collectively, the "L.arsons ") have purchased Lot 2, from the Albitzs pursuant to a Contract for Deed dated October 25, 1991 and recorded in the office of the Hennepin County Registrar of Titles as Document No. 2215990; • WHEREAS, The Larsons are the fee owners of Lot 3, Block 1, Albitz Addition, Hennepin County, Minnesota ( "Lot Y); WHEREAS, Lot 2 is subject to that certain Declaration of Restriction and Easement dated October 25, 1991, and recorded in the office of the Hennepin County Registrar of Titles as Document No. 2215991; WHEREAS, Paragraph 1 of the Declaration of Restriction and Easement prohibits the owner of Lot 2 from constructing any permanent structures thereon for a period from 17 years from the date of the Declaration of Restriction and Easement; WHEREAS, Paragraph 6 of the Declaration of Restriction and Easement indicates that the restrictions set forth in Paragraph 1 of the Declaration of Restriction and Easement is solely for the benefit of the owners of Lot 1 and their successors and assigns and no other party shall be entitled to enforce the provisions of the Declaration of Restriction and Easement. WHEREAS, Larson desires to construct on Lot 2, Block 1, Albitz Addition one or more storage buildings or garages to be used as accessory structures to the improvements located on Lot 3, and the 21 3PrSoA; s have no objection to the construction of such auxiliary structure(s). NOW, THEREFORE, in consideration of Larson's payment of One Dollar and other good and valuable consideration to L#! 01 i:W o the parties hereby agree as follows: 1. That, notwithstanding any language of the Declaration of Restriction and Easement, Larson may construct an auxiliary storage structure, garage or other similar structure or structures on Lot 2 and may use such structures in connection with the use and enjoyment of the improvements located on Lot 3. Larson shall, to the extent topography Exhibit E AMENDMENT TO EXISTING DEED RESTRICTION V and design concerns allow, use their best efforts to locate such structures on the portions of Lot 2 which are near or adjacent to Lot 3. 2. Except as specifically modified herein, the terms and conditions of the Declaration of Restriction and Easement remain in full force and effect. 3. The terms and provisions of this Amendment to Declaration of Covenants and Declaration of Restriction and Easement shall be binding upon and inure to the benefit of the owners of Lots 1, 2, and 3, Block 1, Albitz Addition, Hennepin County, Minnesota and their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement on this I6P day of 1992. n LJ C STATE OF MINNESOTA ) ss. COUNTY CIF �e �n; ) S v1 � 3 The foregoing instrument was acknowledged before me on this �`� day ofS'ti . 1992, by J t t e Is A and 0,-, r l sc r husband and wife. Notary Nblic Y • fif ::.rt'm. C x �yres une FEE OWNERS OF LOT 2 Paul D. Albitz Marilyn Olson Albitz RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO ALLAN LARSON WHEREAS, ALLAN LARSON (Applicant) is the owner of real property located at 4320 Dellwood Lane, in the City of Shorewood, County of Hennepin, legally described as: "Lot 2 and Lot 3, Block 1, Albitz addition and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of a detached garage, the area of which, when added to the area of existing accessory space, will bring the accessory space up to 1956 square feet; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; 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 9 October 1992, which memorandum is on file 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 13 October 1992, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 26 October 1992, 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 total proposed accessory space (1956 square feet) does not exceed the floor area above grade of the principal structure (2616 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R -1C /S Zoning District in which it is located (2,000 square feet). 5D 3. That the proposed garage is designed in the same style and with the same materials as the principal dwelling and is consistent with the architectural character of the existing home. 4. That the proposed garage complies with all setback requirements for the R -1C /S District. CONCLUSION 1. That the application of Allan Larson for a Conditional Use Permit as set forth hereinabove be and hereby is granted. 0 2. That the City dministrator /Clerk is hereby authorized and directed to ty Y 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 26th day of October, 1992. Barbara J. Brancel, Mayor ATTEST: • James C. Hurm City Administrator /Clerk MEMORANDUM 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 TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 8 October 1992 RE: O'Connor, Joe - Subdivision of a Two - Family Dwelling /Lot Area Variance FILE NO.: 405 (92.25) BACKGROUND Mr. Joe O'Connor is the owner of a two- family dwelling located at 20345 -47 Excelsior Boulevard (see Site Location map - Exhibit A, attached). He proposes to subdivide the property in order that each side of the twinhome can be sold separately. He requests a lot area variance for the unit lot shown as Parcel B on Exhibit B because it is less than the area required in the R -2A zoning district. The lot is quite large - 49,464 square feet excluding the designated wetland area. The wetland contains an additional 96,120 square feet of area. The site drops off steeply from Excelsior Boulevard. For this reason, the existing structure was located in the westerly - corner of the lot to take advantage of the most buildable area of the lot. As a result of its location Parcel B ends up with only 9072 square feet instead of the 15,000 square feet required by the Code, a variance of 5928 square feet. ANALYSIS /RECOMMENDATION Section 1201.03 Subd. 16. of the City Code provides for the subdivision of two- family lots subject to a number of requirements: a. The base lot must meet all of the requirements of the zoning district. The R -2A district requires 30,000 square feet for a two - family dwelling. The applicant's base lot is 49,464 excluding the wetland area. A Residential Community on Lake Minnetonka's South Shore E Re: O'Connor, Joe Subdivision /Lot Area Variance 8 October 1992 b. There can only be one principal dwelling per base lot. C. There are no detached accessory structures on the site. d. The applicant has provided an easement and maintenance agreement which provides for use and maintenance of the driveway and well. e. Separate sewer lines have been provided to each unit. They may share the private well. • f. The easement and maintenance agreement will be recorded with the subdivision. In adopting these provisions the City's intent was to encourage individual ownership of two - fmaily dwellings. The variance to the unit lot area requirement is justified based on the topography of the lot and the inordinate amount of the site which is taken up by wetland. Also the lack of area on Parcel B is more than mitigated by the extra space on Parcel B. It is recommended that the variance and subdivision be approved subject to the following: 1. The applicant must submit an up -to -date (within 30 days) title opinion for review by the City Attorney. 2. The applicant must provide a conservation easement over the wetland area and drainage and utility easements, 10 feet wide along the southwesterly lot line and the easterly lot line. 3. The resolution approving the subdivision, together with the easement/maintenance agreement, the wetland conservation easement and the drainage and utility easements must be recorded within 30 days of Council approval of the request. 4. Since no new lots are being created, park dedication and sewer access charges are not required. BJN:ph cc: Jim Hurm Tim Keane Joel Dresel Joe O'Connor -2- , i �o- _ - \ \ l 83d00N Al V. ot9 1 F - OU 2 'L£92 ......... \ 1 ay o " OOZ £►•►t£ \ NN F a g m I \ "91 a r Ig r� I ` •B 1 ►' P ..� 9L,16 -------- \ IZ•IZZv c K lot u A s . Z _ BS 'S£i yj h � ice _ � I_n� 'or •• m z `� i� �ti o_Gi .£ ►. LOON N 7,2 � -� � •SO S ,. \ fio� �— �a .r � iowl otoNe Irtu30 qy LE zol 19S I 0 \ .1 . -- -1591 O d013A3GN0 3 9 SE/ 19 WWI IT S. V3�71 '1�,n g Z►6 �9 o�'a , I o AVG H®IV bS Exhibit A -- - SITE LOCATION , . � O'Connor - Subdivision /lot area variance _ t IL p S 1, • C\' 0 oc* d oto A. o w Q A A ko PP IN V Ln o °1 N , of U) ao 1 1 O?z 1� Sob of 1.0t oie Exhibit B PROPOSED SUBDIVISION TO: The City of Shorewood FROM: Joe O'Connor RE: SUBDIVIDING THE TWIN HOME AT 20347 EXCELSIOR BLVD. SHOREWOOD This letter of request regarding my property at the above mentioned address is because we have purchased and closed on another single family property. In order to assure my buyer total ownership of the above mentioned property, these procedures need to take place so that each unit is owned separately and can be resold as separate dwellings. I Thank you. Exhibit C APPLICANT'S REQUEST LETTER 11. MEMO: SHOREWOOD DATE: October 23, 199 TO: Mayor and City Council FROM: Anne Latter, Deputy Clerk Agenda Item 5E - UNDER SEPARATE COVER Subdivision of a Two - Family Dwelling /Lot Area Variance . Joe O'Connor, 20345 -47 Excelsior Blvd. This will be the Proposed Resolution only. e i 1 <► RESOLUTION NO. A RESOLUTION APPROVING A SUBDIVISION OF A TWO- FAMILY DWELLING AND UNIT LOT AREA VARIANCE TO JOE O'CONNOR WHEREAS, Joe O'Connor (Applicant) has an interest in certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and. made a part hereof; and WHEREAS, the Applicant has applied to the City for a subdivision of said real property into two parcels legally described in Exhibit B -1 and B -2, attached hereto and made a part hereof, and WHEREAS, one of the unit lots does not comply with the minimum area requirement for the zoning district in which it is located and the applicant has requested a variance; and WHEREAS, the Applicant has prepared a "Driveway and Well Easement and Maintenance Agreement and Party Wall Agreement" attached as Exhibit C, which is to be recorded herewith and become a restriction on the above - described properties; and WHEREAS, the Applicant and all other parties holding an interest in the said real property have agreed to grant to the City certain drainage and utility easements legally described in Exhibit D, attached hereto and made a part hereof; and WHEREAS, the Applicant and all other parties holding an interest in said real property have agreed to grant to the City of Shorewood a wetland conservation easement as described in Exhibit E, attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the property contains approximately 49,464 square feet of area, exclusive of designated wetland area. 2. That the location of the existing two - family dwelling was dictated by the severe topography of the lot. 3. That the variance will not increase the density or alter the character of the neighborhood in which the property is located. CONCLUSION 1. That the real property legally described above be divided into two parcels, legally described in Exhibits B -1 and B -2. 2. That based upon the foregoing, the City Council hereby grants a lot area variance of 5928 square feet for Parcel A. 3. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. 4. That the Applicant record this resolution, together with the drainage and utility easements legally described in Exhibit D, and the wetland conservation easement shown on Exhibit E, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of October, 1992. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator /Clerk GAL DESCRIPTION O F ENTIRE PARCEL: -'That part of - Lot 44, "Auditor's Subdivision Number One Hundred %.:Forty ,. - One"(141), Hennepin County, Minnesota described as •.follows: Commencing at the Southwest corner of said Lot 44; thence- North -89 degrees 56 minutes 14 seconds East, assumed : -beau ng,' . along the Southerly line of said Lot 44 a distance of 1' feet; thence Northeasterly, continuing along said Southerly'.1 ine, a distance of 204:91 feet along a curve not tafigential." with the last described line, said curve is concave -to,.`the Southeast and has a radius of 673.00 feet, a central angle of 8 degrees 55 minutes 54 seconds and the chord of said curve bears North 66 degrees 54 minutes 29 seconds East, to the intersection with the Easterly line of said Lot 44; said intersection is the point of beginning of the land to be described; thence North 69 degrees 46 minutes 01 seconds West to- the - intersection with the Westerly line of said Lot 44 a distance. of 449.25 feet; thence Northeasterly, along said Westerly line, a distance of 104.88 feet along a curve not tangential with the last described line, said curve is concave ta -.the•Southeast and has a radius of 235.06 feet, a central angle-of -25 degrees 33 minutes 55 seconds and the chord of said "curve bears North 37 degrees 34 minutes 14 seconds East; thence .North -.50 degrees 21 minutes 12 seconds East, continuing along said` line, tangent to the last described curve a distance of 151.50 feet; thence Northeasterly, continuing along =said Nesterly line, a distance of 274.27 feet along a , tangential- curve concave to the Southeast having a radius of 643. feet, a central angle of 24 degrees 24 minutes 43 seconds to the intersection with the East line of said Lot 44; thence - South 00 degrees 00 minutes 55 seconds West, along said East line, a distance of 459.91 feet to the point of beginning. Exhibit A LEGAL DESCRIPTION OF PARCEL A: That part of Lot 44, "Auditor's Subdivision Number One Hundred Forty one" (141), Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said Lot 44; thence North 89 degrees 56 minutes 14 seconds East, assumed bearing, along the Southerly line of said Lot 44 a distance of 347.17 feet; thence Northeasterly, continuing along said Southerly line, a distance of 104.91 feet along a curve not tangential with the last described line, said curve is concave to the Southeast and has a radius of 673.00 feet, a central angle of 8 degrees 55 i minutes 54 seconds and the said curve bears North 66 degrees 54 minutes 29 seconds East, to the intersection with the Easterly line of said Lot 44; thence North 00 degrees 00 minutes 55 seconds East along said Easterly line a distance of 25.35. feet to the point of beginning of the parcel to be described; thence North 69 degrees 46 minutes 01 seconds West a distance of 284.16 feet; thence North 44 degrees 08 minutes 32 seconds West a distance of 146.34 feet to the Westerly line of said Lot 44; thence along said Westerly line on a curve not tangential with the last described line, said curve is concave to the Southeast and has a radius of 235.06 feet, a.central angle of 3 degrees 23 minutes 07 seconds and the chord of said curve bears North 48 degrees 39 minutes 39 seconds East for an distance of 13.89 feet; thence North 50 degrees 21 minutes 12 seconds East and tangent to the last curve a distance of 151.50 feet; thence continuing along said Westerly line along a tangential curve to the right having a radius of 643.71 feet and a central angle of 24 degrees 24 minutes 43 seconds for an arc distance of 274.27 feet to the East line of said Lot 44; thence South 00 degrees 00 minutes 55 seconds West along said East line a distance of 434.56 feet to the point of beginning. Exhibit B -1 LEGAL DESCRIPTIOV n PARCEL B: That part of Lot 44, "Auditor's Subdivision Number One .Hundred . One" (141), Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said. Lot 44; thence North 89 degrees 56 minutes 14 seconds East, assumed bearing, along the Southerly line of said Lot 44 a distance- of 347.17 feet; thence Northeasterly, continuing along said Southerly line, a distance of 104.91 feet along a curve not tangential with the last described .line,-said curve is concave to .the Southeast and has a radius.'of. "673.00 feet, a central .angle of 8 degrees 55 Minutes 54 "'seconds and the chord of said curve bears North j 66..'degrees 54 29 seconds East, to the intersection with_ the Easterly_ lime of said Lot .44 and the point of beinninq,af the parcel - to be described; thence North 00 degrees; 0.0 minutes 55 seconds East along said Easterly line a distance of 25.35 thence North 69 degrees 46 minutes .01. .seconds West a distance of 2.84.16 feet; thence North 44 degrees 08 minutes 32 seconds West a distance of 146.34 feet ;to the. Westerly line of said Lot 44; thence along a curve not tangential with the last described line, said curve is concave to the Southeast and has a radius of 235.06 feet, a -central angle of 22 degrees 10 minutes 48 seconds and the .chord -of said curve bears South- 35 degrees 52 minutes 41 seconds -,West for an arc distance of 91.00 feet to a line - .whieh.:bears North 69 degrees 46 minutes 01 seconds West from the southeast corner of said Lot 44; thence South 69 degrees 46 minutes 01 seconds East a distance of 449.25 feet to the paint of beginning. Exhibit B -2 DRIVEWAY AND WELL EASEMENT AND MAINTENANCE AGREEMENT AND PARTY WALL AGREEMENT THIS DRIVEWAY AND WELL EASEMENT AND MAINTENANCE AGREEMENT AND PARTY WALL AGREEMENT is entered into this day of September, 1992, by and between John E. Pastuck, single, hereinafter referred to a "First Party ", and Joseph L. O'Connor and Laurie Anne O'Connor, husband and wife, hereinafter referred to as "Second Party ". RECITALS First Party is the owner of certain real estate located at 20345 Excelsior Boulevard, in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as follows: That part of Lot 44, "Auditor's Subdivision Number One Hundred Forty One" (141), Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said Lot 44,; thence North 89 degrees 56 minutes 14 seconds East, assumed bearing, along the Southerly line of said Lot 44 a distance of 347.17 feet; thence Northeasterly, continuing along said Southerly line, a distance of 104.91 feet along a curve not tangential with the last described line, said curve is concave to the Southeast and has a radius of 673.00 feet, a central angle of 8 degrees 55 minutes 54 seconds and the chord of said curve bears North 66 degrees 54 minutes 29 seconds East, to the intersection with the Easterly line of said Lot 44; thence North 00 degrees 00 minutes 55 seconds East along said Easterly line a distance of 25.35 feet to the point of beginning of the parcel to be described; thence North 69 degrees 46 minutes 01 seconds West a distance of 284.16 feet; thence North 44 degrees 08 minutes 32 seconds West a distance of 146.34 feet to the Westerly line of said Lot 44; thence along said Westerly line on a curve not tangential with the last described line, said.curve is concave to the Southeast and has a radius of 235.06 feet, a central angle of 3 degrees 23 minutes 07 seconds and the chord of said curve bears North 48 degrees 39 minutes 39 seconds East for an arc distance of 13.89 feet; thence North 50 degrees 21 minutes 12 seconds East and tangent to the last curve a distance of 151.50 feet; thence continuing along said Westerly line along a tangential curve to the right having a radius of 643.71 feet and a central angle of 24 degrees 24 minutes 43 seconds for an arc distance of 274.27 feet to the East line of said Lot 44; thence South 00 degrees 00 minutes 55 seconds West along said East line a distance of 434.56 feet to the point of beginning; Exhibit C and Second Party is the owner of certain real estate located at 20347 Excelsior Boulevard, in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as follows: That part of Lot 44, "Auditor's Subdivision Number One Hundred Forty One" (141), Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said Lot 44; thence North 89 degrees 56 minutes 14 seconds East, assumed bearing, along the Southerly line of said Lot 44 a distance of 347.17 feet; thence Northeasterly continuing along said Southerly line, a distance of 104.91 feet along a curve not tangential with the last described line, said curve is concave to the Southeast and has a radius of 673.00 feet, a central angle of 8 degrees 55 minutes 54 seconds and the chord of said curve bears North 66 degrees 54 minutes 29 seconds East, to the intersection with the Easterly line of said Lot 44 and the point of beginning of the parcel to be described; thence North 00 degrees 00 minutes 55 seconds East along said Easterly line a distance of 25.35 feet; thence North 69 degrees 46 minutes 01 seconds West a distance of 284.16 feet; thence North 44 degrees 08 minutes 32 seconds West a distance of 146.34 feet to the Westerly line of said Lot 44; thence along a curve not tangential with the last described line, said curve is concave to the Southeast and has a radius of 235.06 feet, a central angle of 22 degrees 10 minutes 48 seconds and the chord of said curve bears South 35 degrees 52 minutes 41 seconds West for an arc distance of 91.00 feet to a line which bears North 69 degrees 46 minutes 01 seconds West from the southeast corner of said Lot 44; thence South 69 degrees 46 minutes 01 seconds East a distance of 449.25 feet to the point of beginning, which adjoins the property of First Party on the Southwest; and There exists on or about the property line of said two properties a certain wall which forms a structural element which is common to the two buildings owned by First Party and Second Party located on their respective properties; and There exists on the property of First Party a driveway and a well which are used in common by the occupants of the two buildings located on the parties' respective properties; and It is the desire of First Party and Second Party to enter into a written agreement to create an easement for the perpetual use of the driveway and the well, as well as agreements for maintenance of the same, maintenance of the party wall which forms the common 2 structural element to the two buildings and to establish other agreements respecting the two properties. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto do agree for themselves, their respective heirs, administrators, representatives and assigns as follows: 1. That First Party grants to Second Party a perpetual easement for driveway ingress and egress purposes over, under and across the following described property: That part of Lot 44, "Auditor's Subdivision Number One Hundred Forty One" (141), Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said Lot 44; thence North 89 degrees 56 minutes 14 seconds East, assumed bearing, along the Southerly line of said Lot 44 a distance of 347.17 feet; thence Northeasterly, continuing along said Southerly line, a distance of 104.91 feet along a curve not tangential with the last described line, said curve is concave to the Southeast and has a radius of 673.00 feet, a central angle of 8 degrees 55 minutes 54 seconds and the chord of said curve bears North 66 degrees 54 minutes 29 seconds East, to the intersection with the Easterly line of said Lot 44; thence North 00 degrees 00 minutes 55 seconds East along said Easterly line a distance of 25.35 feet; thence North 69 degrees 46 minutes 01 seconds West a distance of 284.16 feet; thence North 44 degrees 08 minutes 32 seconds West a distance of 146.34 feet to the Westerly line of said Lot 44 and the point of beginning of the easement to be described; thence along said Westerly line on a curve not tangential with the last described line, said curve is concave to the Southeast and has a radius of 235.06 feet; a central angle of 3 degrees 23 minutes 07 seconds and the chord of said curve bears North 48 degrees 39 minutes 39 seconds East for an arc distance of 13.89 feet; thence North 50 degrees 21 minutes 12 seconds East and tangent to the last curve a distance of 151.50 feet; thence South 39 degrees 38 minutes 48 seconds East a distance of 35.00 feet; thence South 50 degrees 21 minutes 12 seconds West to an intersection with a line which bears South 44 degrees 08 minutes 32 seconds East from the point of beginning; thence North 44 degrees 08 minutes 32 seconds West to the point of beginning, as appurtenant to the property owned by Second Party. It is the intention of this Agreement that the portion of the driveway easement area actually used for driveway purposes be limited to that area shown on the survey of the property, a copy of which is attached hereto and incorporated herein by reference, designated as "Exist. Bit. Drive ", which, on the date hereof, constitutes the actual bituminous driveway serving the two properties. The driveway may be relocated within the easement area if it becomes necessary. 2. First Party hereby grants to Second Party a perpetual easement to use the well located on the property of First Party as appurtenant to the property owned by Second Party, together with the right to use any replacement wells which may hereafter be located on the property of First Party. 3. That each party grants to the other as appurtenant to their respective properties a perpetual easement to use the aforementioned wall as a "party wall ". 4. These three grants of easement shall constitute easements running with the land, but shall not be construed as a conveyance by either party of their respective rights in the fee of the land upon which the driveway, well or party wall exists. 5. Neither party shall alter or change the driveway, well or party wall in any manner, interior decoration of the party wall excepted, and said driveway, well and party wall shall always remain in the same location as presently existing, unless the parties otherwise agree in writing, or it becomes necessary to move them. Neither party shall do anything to obstruct the others use of the driveway, or well. 6. Either party shall have the right to break through the party wall for the purpose of repairing or restoring sewerage, water, utilities or for any other legitimate repair purpose, subject to the obligation to restore said wall to its previous structural condition at their own expense and subject to the obligation to pay the adjoining owner for any damages negligently caused thereby. 7. If it shall become necessary to repair or rebuild the driveway, well or party wall, or any portions thereof, the cost of such repairing or rebuilding shall be at the expense of both parties in equal shares. 4 8. Notwithstanding the foregoing, any maintenance or repairs which is made necessary because of the negligent conduct of one of the parties, or their personal or business invitees, shall be repaired free of any expense to the non - negligent party. 9. Maintenance of the driveway shall include ordinary and normal maintenance of a bituminous driveway, including plowing, seal coating, asphalt patching and asphalt replacement as may be necessary to maintain a high quality driveway. Well maintenance shall consist of all ordinary and necessary costs of repair and replacement of the well so as to maintain a first quality, water -well system to, provide adequate quality water and adequate pressure for the two large single - family homes serviced by it. It is not presently anticipated that there will be a requirement to do any ordinary maintenance of the party wall, and such maintenance shall only be necessitated in the event of a casualty. 10. In the event that the party wall is totally or partly destroyed by fire or other cause, either of the parties shall have the right to reconstruct the wall at their own expense if they intend to continue the use of the party wall, or at the expense of both parties in the event both parties intend to continue the use of the party wall. In the event of reconstruction of the party wall, the proceeds of any insurance received by either party for the destruction of the wall shall be applied toward the cost of reconstruction. 11. The roof of both dwellings shall be covered with identical shingles and the exterior of both dwellings shall be decorated with a uniform color and material which shall be agreed upon by both of the dwelling owners. The time for performing exterior maintenance and decoration shall be mutually agreed upon, provided however that this Agreement contemplates good, regular maintenance so as to maintain first quality residential properties. 12. Any dispute arising under this Agreement shall be settled in arbitration under the rules of the American Arbitration Association. Judgment upon the arbitrator's award may be entered at any court having jurisdiction thereof. Each arbitration proceeding shall be held in Hennepin County, Minnesota. Such award may provide for reasonable attorney's fees and expenses to the prevailing Fy party. The costs of arbitration shall be shared equally, unless the arbitrator rules otherwise. 13. If any portion of the respective dwellings shall hereafter encroach upon the property of the other because of settling, or shifting or for any other cause, including unintentional encroachment during original construction, or during repair or replacement of the structure, there shall be deemed to be an easement in favor of the owner of the encroaching dwelling to the extent of such encroachment so long as the same shall exist. 14. Each owner of the respective properties agrees to indemnify and hold harmless the owner of the adjoining property for any mechanic's liens arising for work done or material supplied to make repairs or replacements to his or her separate property, provided, however, that it is the intention of this Agreement that a needed repair to the driveway, or the well or the party wall shall subject both properties to a claim to a mechanic's lien. 15. This Agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Agreement shall be of no force and effect, excepting a subsequent modification in writing, signed by the party to be charged. 16. Invalidation of any of these provisions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect in perpetuity. IN WITNESS WHEREOF, the parties have executed this Driveway And Well Easement And Maintenance Agreement And Party Wall Agreement the day and year first above written. FIRST ARTY John) - Pastuck SECOND PARTY Joseph L. O onnor �'L rie Anne O'Connor 2 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of September, 1992, by John E. Pastuck, single. � , J Not ry Pubic/ l MARY H. DURFEE t NOTARY PUBLIC- MINNESOTA HENNEPIN COUNTY 1 My Comm. Fxp. Aug. 10. 1 STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of September, 1992, by Joseph L. O'Connor and Laurie Anne O'Connor, husband and wife. Notary Publi i » MARY H. DURFEE i NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Comm. F.xp. Aug. 10. ION THIS INSTRUMENT WAS DRAFTED BY: James D. MacKinnon 730 East Lake Street Wayzata, Minnesota 55391 7 Mill jr off I I �Tlre E.. Im. eL.t 4 <IAW ^w0 11 14f I 1 7Z- Fi �--z NOTE: Exhibit D is not available as of this writing. It will be essentially the same as Exhibit E except it will be a drainage and utility easment instead of a wetland conservation easement. THIS EASEMENT IS MADE and entered into this _ day of , 199_, by and between Joe O'Connor, John Pastuck, and GMAC Mortgage, Grantors, and the City of Shorewood, Grantees. WITNESSETH, that whereas said Grantor are the owners and mortgagees respectively of the tract of land in the County of Hennepin, State of Minnesota, described as follows: DESCRIPTION OF PROPERTY That part of Lot 44, "Auditor's Subdivision Number One Hundred Forty One" (141), Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said Lot 44; thence North 89 degrees 56 minutes 14 seconds East, assumed bearing, along the Southerly line of said Lot 44 a distance of 347.17 feet; thence Northeasterly, continuing along said Southerly line, a distance of 104.91 feet along a curve not tangential with the Iast described line, said curve is concave to the Southeast and has a radius of 673.00 feet, a central angle of 8 degrees 55 minutes 54 seconds and the chord of said curve bears North 66 degrees 54 minutes 29 seconds East, to the intersection with the Easterly line of said Lot 44; said intersection is the point of be ginnin g of the land to be described; thence North 69 degrees 46 minutes 01 seconds West to the intersection with the Westerly line of said Lot 44 a distance of 449.25 feet; thence northeasterly along said Westerly Line a distance of 104.88 feet along a carve not tangential with the last described line, said curve is concave to the Southeast and has a radius of 235.06 feet, a central angle of 25 degrees 33 minutes 55 seconds and the chord of said curve bears North 37 degrees 34 minutes 14 seconds East; thence North 50 degrees 21 minutes 12 seconds East, continuing along said westerly line, tangent to the last curve a distance of 151.50 feet; thence continuing along said Westerly line along a tangential curve to the right having a radius of 643.71 feet and a central angle of 24 degrees 24 minutes 43 seconds for an arc distance of 274.27 feet to the Fast line of said Lot 44; thence South 00 degrees 00 minutes 55 seconds West along said East line a distance of 459.91 feet to the point of beginning. NOW, THEREFORE, Grantor, in consideration of one Dollar and other good and valuable consideration, to it in hand paid by Grantee, receipt of which is hereby acknowledged, hereby grants to said Grantee, its successors and assigns, the following easement: DESCRIPTION OF EASEMENT A permanent easement for conservation and environmental purposes over that part of the above described property which lies southerly and southeasterly of the following described line: Commencing at the Southwest comer of said Lot 44; thence North 89 degrees 56 minutes 14 seconds East, assumed bearing, along the Southerly line of said Lot 44 a distance of 347.17 feet; thence Northeasterly, continuing along said Southerly line, a distance of 104.91 feet along a curve not tangential with the last described line, said curve is concave to the Southeast and has a radius of 673.00 feet, a central angle of 8 degrees 55 minutes 54 seconds and the chord of said curve bears North 66 degrees 54 minutes 29 seconds East, to the intersection with the Easterly line of said Lot 44; said intersection is the point of beginning of the land to be described; thence North 69 degrees 46 minutes 01 seconds West to the intersection with the Westerly line of said Lot 44 a distance of 294.22 feet to the point of beginning of the line to be described; thence North 23 degrees 22 minutes 37 seconds East a distance of 184.83 feet; thence North 47 degrees 16 minutes 31 seconds East a distance of 95.00 feet; thence North 84 degrees 49 minutes 36 seconds East a distance of 13358 feet to the Fast line of said Lot 44 and there terminating. Exhibit E IN WITNESS WHEREOF, said Grantor has hereunto set its hand the day and year first above written. This Instrument Drafted by: State Deed Tax Due: James A. Parker, Advance Surveying $ NONE By Joe O'Connor STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , By: Notary Public STATE OF ) } SS. COUNTY OF ) By John Pastuck The foregoing instrument was acknowledged before me this day of , 19 , By: Notary Public By STATE OF ) } SS. COUNTY OF ) GMAC Mortgage The foregoing instrument was acknowledged before me this day of , 19 , By: Notary Public r' MAYOR Barb Brancel COUNCIL 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: 8 October 1992 RE: George, Dana - C.U.P. for Accessory Space over 1200 Square Feet FILE NO.: 405 (92.20) • BACKGROUND C7 A Residential Community on Lake Minnetonka's South Shore Mr. Dana George proposes to build a detached, three -car garage on his property, located at 25925 Smithtown Road (see Site Location map - Exhibit A, attached). Since the total accessory space on the property exceeds 1200 square feet in area, he has requested a conditional use permit pursuant to Section 1201.03 Subd. 2.d.(4) of the City Code. The subject property is zoned MA, Single - Family Residential and is presently occupied by the applicant's home and numerous accessory buildings, several of which will be removed in conjunction with this request (see Exhibit B). The subject property contains approximately 83,200 square feet of area. The proposed building measures 30' x 36' and contains 1080 square feet in area. Two other accessory buildings will remain on the site "resulting in a total of 2106 square feet of accessory space. He proposes to remove five other buildings and part of the existing barn. The net result is approximately 600 square feet less accessory space than what exists today. The area above grade of the existing home is 2158 square feet. c5 F Re: George, Dana C.U.P. for Accessory Space 8 October 1992 ANALYSIS /RECOMMENDATION Following is how the applicant's request complies with the City's Code requirements: 1. The total area of accessory space (2106 sq. ft.) does not exceed the total area above grade (2158 sq. ft.) of the principal structure. 2. The total area of accessory space does not exceed ten percent of the minimum lot size for the zoning district in which the property is located (.10 x 40,000 sq. ft. = 4000 sq. 3. The ro osed building complies with the setback requirements of the R -lA District. P P g P q The removal of the five outbuildings brings the property into conformance with the City's requirements for area and number of accessory structures in a residential district. 4. The architectural character of the new garage is consistent with the existing home which has recently been remodeled. In addition, the applicant proposes to reside the existing barn and shed to match the house and new garage. The applicant's proposal is consistent with the requirements of Shorewood's City Code and is considered to be an improvement to the site. Approval of the C.U.P. is recommended subject to the removal of the five existing structures by 1 July 1993. BJN:ph cc: Jim Hurm Tim Keane Dana George -2- rL'66£ o = ; SI1 61'81 - - -- I I ,1¢' I IY S bt ■.OZ.jU.OS 4 "It -� � �j 0°' • b y 4% ` _ '° n+ - Ir lb '6ff n �' � � 'l9: 15? .K.Cr,.t •• ^.9'£7 - 89'8LZ � 91 t s N Oz "i ti -- N1HON j I N9,166 1.... 661 _ LI 10110 1SYd =' In SSE £b'6bE rl '2LZ Q 6% $ v $ c M p £r •6b£ — m 9 , o r � I W 0 11.b6.ZO.FN M9 U 191 T nob L �. s. SI'ZZl £L'Sll LO S91 j.LS..C:.1S b S11 J 109 Z — ZI 02l r1"`• QNtn't\ r r�•a - _ 5 f 19 '99! ■.[0.$2.14 M7 07 ' ^ a.EO.CZ.1 N' 0 1 � S I 'Obl a 9 . b (W /9 '991 OBt _°f - r 1 n (gyp' N GVI O _� MM gg M N � , N _ NSb.00.ON 1£'689 QOOM��a3M n C ►�81 3.02.101 ►0'001 ►0'Wl _ .. `$ Ir N N - ry •••• - - -_ N In to ...: I • .,p �� 11'1 • 1• � w 1 . � 1 L.I' � F{ TO I 3.brN �� ° 3.t►.Ll.t M . CO'001 CO.001 bIS �]T - -- v _ � e99 szt - 771 r- fn o 9S1 /.' - .. ... Exhibit A SITE LOCATION N I 1 LI 'ZSl 1 9£1 George - C.U.P. [� 7 "LO _ N N ALLIt1. Exhibit B SITE PLAN • I T V • i 1 F �1 �JJ 7 `1 1 _L r L r� { L i i X 7 -o M s — y rt 1 ; t. • I T V • i 1 F �1 �JJ 7 `1 1 _L r L r� { i k 4! a \ Z Exhibit C BUILDING ELEVATION East side r i i X -o M s — y i k 4! a \ Z Exhibit C BUILDING ELEVATION East side r , rttamb ;- 1 7, 1(1C4' To whom it may concern, This letter is to request a conditional use permit to allow us to construct a new garage on our property at 25295 Smithtown Road. Currently our property has seven building which may be use for storage. Our proposal is to remove five of the existing buildings and construct a new 30 x 36 garage. Currently none of the existing building are large enough to store our boat or camper. The new garage would allow us to store our boat, camper and two cars inside. The other two buildings are a shed and a barn. Both are in need of new siding but are structurally sound. Our intent is to reside both of them next summer. The shed is needed to store my lawn and garden and winter sports equipment. The barn is over one hundred years old and since my wife and I have bought the property from my grandmother it has historical value to the family, The barn will also be use to house our dog. rop Fy 1 1 - hi s - hi s o -Sal we will be r=educing our total storage spa , - - ) v , , about si p v l t C't: :�1 7t t A hundred square feet Thus bringing our property closer to conforming use. Attach are some photos showing the buildings to be remove and also the two that will remain. Thank you for your consideration in this matter. na & D1 ne George • / y9�9 25295 S 1 thtow oad Shorewood, MN 55331 Exhibit D APPLICANT'S REQUEST LETTER Dated 17 September 1992 RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO DANA GEORGE WHEREAS, DANA GEORGE (Applicant) is the owner of real property located at 25925 Smithtown Road, in the City of Shorewood, County of Hennepin, legally described as: "Lot 7, Eureka "; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of a detached garage, the area of which, when added to the area of existing accessory space, will bring the accessory space up to 2106 square feet; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; 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 8 October 1992, which memorandum is on file 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 13 October 1992, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 26 October 1992, 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 total proposed accessory space (2106 square feet) does not exceed the floor area above grade of the principal structure (2158 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R -lA Zoning District in which it is located (4,000 square feet). 5T 3. That the proposed garage is designed in the same style and with the same materials as the principal dwelling and is consistent with the architectural character of the existing home. 4. That the applicant proposes to remove five existing accessory structures, bringing the property into substantial compliance with the Zoning Code. 5. That two existing accessory structures will be remodeled with siding similar to the principal dwelling. 6 That the proposed garage complies with all setback requirements for the R -1A District. 0 CONCLUSION 1. That the application of Dana George for a Conditional Use Permit as set forth hereinabove be and hereby is granted, subject to the five existing accessory structures referenced above being removed by 1 July 1993. 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 26th day of October, 1992. Barbara J. Brancel, Mayor ATTEST: James C. Hurm City Administrator /Clerk y.� CITY OF MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 0 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 10 October 1992 RE: Nelson, Dave - Simple Subdivision FILE NO.: 405 (92.24) BACKGROUND Mr. Dave Nelson has a purchase agreement to buy the property located at 21780 Lilac Lane (see Site Location map - Exhibit A, attached). As shown on Exhibit B he proposes to subdivide it into three lots, one of which is entirely occupied by designated wetland area. The property is zoned R -lA, Single- Family Residential, contains 3.73 acres, and is occupied by a single - family dwelling. ANALYSIS /RECOMMENDATION The lots shown on Exhibit B all meet or exceed the requirements of the Shorewood City Code. The applicant shows 10 -foot drainage and utility easements in compliance with Code requirements. Shorewood's Wetland Ordinance requires that dedicated wetland areas must be deeded to the City or the City must be granted a conservation easement over the wetland area. If the applicant proposes to deed Lot 3 to the City, an easement is not necessary. If he proposes to grant an easement, Lot 3 should be combined with one or both of the other lots. The proposed division splits the existing U- shaped driveway in two. If this driveway is to remain, the applicant must provide an easement and maintenance agreement providing for shared use of the driveway. It must be realized that neither of the two lots is wide enough A Residential Community on Lake Minnetonka's South Shore Re: Nelson, Dave Simple subdivision 10 October 1992 to have two driveway accesses. Consequently any new home on Lot 2 will be required to use the existing driveway. This is anticipated to cause problems in the future and it is strongly recommended that the driveway be corrected to serve only Lot 1. It is recommended that the subdivision request be approved subject to the following: 1. The applicant must provide an up -to -date (within 30 days) title opinion for review by the City Attorney. 2. The applicant should deed Lot 3 to the City as designated wetland, or combine it with one or both of the other lots. In the case of the latter, a conservation easement must be dedicated to the City. 3. The applicant must decide whether the lots will share the U- shaped driveway. If it remains as is, he must provide a maintenance and easement agreement which must be recorded against the property. If it is proposed to be corrected to serve only Lot 1, he must escrow an amount sufficient to ensure that it will be corrected in 90 days. 4. The applicant must pay $750 in park dedication fees and $1000 in local sanitary sewer access charges prior to receiving the resolution approving the division. 5. The applicant must record the division within 30 days of the Council's approval. BJN:ph cc: Jim Hurm Tim Keane Joel Dresel Dave Nelson -2- (X � r nj® C=) i 7C OU Dy I svrqlbimHj . .......... ----------- ow ----------- C 2 "PA 8 GNVW 8 $ I 09 S I a QQ 1 125 � f r ' 1 .. I S� ... 106 6764 .. . ........ MI Oct L EK 9161 91 *Zz-: MI 101 .4c 6L gloat Hinos oc? 9 VC 11 d" ;R!2 P . `Q, �• �/ 1_,� � '/ ep 4 R 711 .................. .......................... ............ - CW ............... 601 0, a CC in ---------- M P9 AP - ------ ----- Exhibit A SITE LOCATION Nelson - simple subdivision U) :(PC- � U i m o n Z o z N 0 136 O ( z F N Z) M. IRON i O n O rm O S 88 0 59' 39" W 362.49 rm s N y B � gor'k i I I i I . o w . mm � •_v � 0 w oy f ° C o' � a , Z D < n m. N r � 5 n 0 o� 0 0 G N � _ �o N 0) / m DRAINAGE k UTILITY EASEMENT / Fo °° °° rn r (� rn —I O J N Q a cD --i c4 N) D 4 • O n N n 00 f - — \ - C7 135 c/) _{ FD. IRON \ � I to to Q ° � O N 0 / j I FD. IRON o t� N I t \ ` \ _ _ WETL AND — 9 V I 1 1 / N ca _ ` )� _ — 6 cpl N w rO to I S 88 °06' 50" W Iz NI Poo - I o I - ' -P r 12 I o of O y n J --� �-- I o� —I g�° I ° J 134 to 138 ZI loo !`� n (o N I� w� O im I c/) i _ u I NI I D Z i I to t 99 Ito ° 1 EX. HOUSE (2t7B0) 50' SETBACK _T m I 35.2' SETBACK m S 88 0 34' 58 "/W / 364.82 z - - - 204.82 0 160.00 — — �. W I EX. BIT. STREET f LILAC LANE WE INV_990.4 — CA — .Io Cu., CL RAVINE SAN MH TOP 1003.2 — — — — — — — — — — 9 ". PVC.. n __ SH ORE W O O D� .9 1 - - -! - - -- e WATERMNN � - -- - -- v 4 " 'P 0— C — HA NHASSEN FD. IRON / N 88 '34' 5e" E 624.25 L - - -� -- �— 4------------------ �I Pill I.....rr....sv.,.•r•.uaw •.. awn...,•....... n e LOT 135, AUD. SUBD. #120 IE � �eoa�cn LOT SUBDIVISION Exhibit B SHOREWOOD MN PROPOSED SUBDIVISION RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY WHEREAS, David A. Nelson and Peter J. Knaeble (Applicants) have an interest in certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as: "Lot 135, Auditor's Subdivision Number 120, Hennepin County, Minnesota "; and WHEREAS, the Applicants have applied to the City for a subdivision of said real property into three parcels legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants and all other parties holding an interest in the said real property have agreed to grant to the City certain drainage and utility easements legally described in Exhibit B -1 through B-4, attached hereto and made a part hereof; and WHEREAS, the Applicants and all other parties holding an interest in the said real property have agreed to deed the property legally described in Exhibit C -1 and C -2 to the City of Shorewood as protected wetland area; and WHEREAS, the subdivision requested by the Applicants complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the real property legally described above be divided into three parcels, legally described in Exhibit A. 2. That the City Clerk furnish the Applicants with a certified copy of this • resolution for recording purposes. 3. That the Applicants record this resolution, together with the drainage and utility easements legally described in Exhibit B -1 through B -4, and the deeds shown on Exhibit C -1 and C -2, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of October 1992. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator /Clerk i 5GA t?ESCRiPTION (LOT- That part of Lot 135, Auditor's Subdivision Number 120, Hennepin County, Minnesota, described as follows: Beginning at the southeast comer of said Lot 135; thence south 88° 34' 58' west a distance of 160.00 feet along the south line of said Lot 135 to the true point of beginning; thence north 4° 11' 38" west a distance of 212.71 feet; thence north 60 00' 35" west 227.30 feet to a point on the west line of said Lot 135; thence south 1 19' 42" east along said west line 330.92 feet to the southwest corner of said Lot 135; thence north 88 34' 58" east a distance of 204.82 feet along the south line of said Lot 135 to the true point of beginning. L =GAL DESCRIPTION (LOT 23: That part of Lot 135, Auditor's Subdivision Number 120, Hennepin County, Minnesota, . described as follows: Beginning at the southeast corner of said Lot 135; thence south 88 34' 58" west, a distance of eg Q 160.00 feet, along the south line of said Lot 135; thence north 4 11' 38" west, a distance of 212.71 feet; thence north 88 0S' 50" east. a distance of 68.16 feet; thence north 29 33' 04" east, a distance of 195.78 feet, to a point on the east line of said Lot 135; thence south 1 3T 44" east, a distance of 380.90 feet, along the east line of said Lot 135 to the point of beginning. LEGAL DESg (LOT 3): That part of Lot 135, Auditor's Subdivision Number 120, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Lot 135; thence south 1 37' 44" east, a distance of 64.00 feet, along the east line of said Lot 135; thence south 29° 33' 04" west, a distance of 195.78 feet; thence south 88° 08' 50" west. a distance of 68.16 feet; thence north 60 00' • 35° west, a distance of 227.30 feet, to a point on the west line of said Lot 135; thence north 1 19' 42" west, a distance of 116.58 feet, along the west line of said Lot 135, to the northwest corner of said Lot 135: thence north 88 59' 39" east, a distance of 362.49 feet, along the north line of said Lot 135 to the point of beginning. It Exhibit A e_:..... .a�...�..r -- P 04 PERMANENT DRAINAGE AND uT1LITY EASEMENT THIS INDENTURE, made and entered into this day of , 19 , by and between Edmund J. Hartman and Bernadette C. Hartman, husband and wife, grantors, and the City of Shorewood, grantees, WITNESSETH, that whereas said grantors are the fee owners of the tract of land in the County of Hennepin, State of Minnesota, viz.: That part of Lot 135, Auditor's Subdivision Number 120, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 135; thence south 88 34' 58" west a distance of 160.00 feet along the south line of said Lot 135 to the true point of beginning; thence north 4 11' 38" west a distance of 212.71 feet; thence north 60" 00' 35" west 227.30 feet to a point on the west line of said Lot 135; thence south 1 ° 19' 42" east along said west line 330.92 feet to the southwest corner of said Lot 135; thence north 88 34' 58" east a distance of 204.82 feet along the south line of said Lot 135 to the true point of beginning. .and said grantors and grantees have agreed upon the easement hereinafter described: NOW, THEREFORE, the said grantors, in consideration of one dollar ($1.00) in hand paid by said . grantees, receipt of which is hereby acknowledged, and other good and valuable consideration, hereby grants to said grantee, and their assigns, the permanent drainage and utility easements in, over, and upon, that part of said land of said grantors described as follows: The north 10.00 feet, the east 10.00 feet, the south 10.00 feet, and the west 10.00 feet of the following described property: That part of Lot 135, Auditor's Subdivision Number -120, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 135; thence south 88 34' 58" west a distance of 160.00 feet along the south line of said Lot 135 to the true point of beginning; thence north 4 11' 38" west a distance of 212.71 feet; thence north 60" 00' 35" west 227.30 feet to a point on • the west line of said Lot 135; thence south 1 19' 42" east along said west line 330.92 feet to the southwest corner of said Lot 135; thence north 88" 34' 58" east a distance of 204.82 feet along the south line of said Lot 135 to the true point of beginning. To have and to hold said easement unto said grantees, and their assigns Exhibit B -1 1. IN WITNESS WHEREOF, said grantors have hereunto set their hands the day and year first above written. Edmund J. Hartman Bernadette C. Hartman State of Minnesota, County of Hennepin day of 19 —+ The foregoing instrument was acknowledged before me this Y by Edmund J. Hartman and Bernadette C. Hartman, husband and wife. • THIS INSTRUMENT WAS DRAFTED BY: Terra Engineering, Inc. 8080 Wallace Road Eden Prairie, MN 55344 i Notary Public, Hennepin County, Minnesota My commission expires 2. t P 92 PERMANENT DRAINAGE AND UTILITY EASEMENT THIS INDENTURE, made and entered into this - day of , 19 , by and between Edmund J. Hartman and Bernadette C. Hartman, husband and wife, grantors, and the City of Shorewood, grantees, WITNESSETH, that whereas said grantors are the fee owners of the tract of land in the County of Hennepin, State of Minnesota, viz.: That part of Lot 135, Auditor's Subdivision Number 120, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 135; thence south 88 34' 58" west, a distance of 160.00 feet, along the south line of said Lot 135; thence north 4 11' 38" west, a distance of 212.71 feet; thence north 88 06' 50" east, a distance of 68.16 feet; thence north 29 33' 04" east, a distance of 195.78 feet, to a point on the east line of said Lot 135; thence south 1" 37' 44" east, a distance of 380.90 feet, along the east tine of said Lot 135 to the point of beginning. and said grantors and grantees have agreed upon the easement hereinafter described: *NOW, THEREFORE, the said grantors, in consideration of one dollar ($1.00) in hand paid by said grantees, receipt of which is hereby acknowledged, and other good and valuable consideration, hereby grants to said grantee, and their assigns, the permanent drainage and utility easements in, over, and upon, that part of said land of said grantors described as follows: The north 10.00 feet, the east 10.00 feet, the south 10.00 feet, and the west 10.00 feet of the following described property: That part of Lot 135, Auditor's Subdivision Number 120, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 135; thence south 160.00 feet, along the south line of said Lot 135; thence north 4 212.71 feet; thence north 88 06' 50" east, a distance of 68.16 east, a distance of 195.78 feet, to a point on the east line of said • 44" east, a distance of 380.90 feet, along the east line of said Lo To have and to hold said easement unto said grantees, and their assigns. 1. 88 34' 58" west, a distance of ° 11' 38" west, a distance of feet; thence north 29 33' 04" Lot 135; thence south 1° 37' Lot 135 to the point of beginning. Exhibit 8 -2 IN WITNESS WHEREOF, said grantors have hereunto set their hands the day and year first above written. Edmund J. Hartman Bernadette C. Hartman State of Minnesota, County of Hennepin The foregoing instrument was acknowledged before me this day of 19 by Edmund J. Hartman and Bernadette C. Hartman, husband and wife. THIS INSTRUMENT WAS DRAFTED BY: Terra Engineering, inc.. 8080 Wallace Road Eden Prairie, MN 55344 • Notary Public, Hennepin County, Minnesota My commission expires 2. 0 P 92 Fame Me. 1003— WAnnANTY DEED IndlAduet(a) to Corporation or PsAnerehlp No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: 19 FOR VALUABLE CONSIDERATION, Edmund J. Hartman and Bernadette C. Har.t'man, husban and wife ,Grantor(s), (me,I(ei statue) • hereby convey(s) and warrant(s) to the City of Shorewood ,Grantee, e M Tc — ipal t on, under the laws of lnneso a , -real property in Hennepin County Minnesota described as follows: That part of Lot 135, Auditor's Subdivision Humber 1t0, Hennepin Countyr Minnesota, described as follows: Beginning at the northeast corner of said Lot 135; thence south l 37' 44" east, a distance of 64.00 feet, along the east line of said Lot 135; thence south 29 33' 04" west, a distance of 195.78 feet; thence south 88 06' 50" west, a distance of 68.16 feet; thence north 60 00' 35" west, a distance of 227.30 feet, to.a point on the west line of said Lot 135; thence north 1 19' 42" west, a distance of 116.58 feet, along the west line of said Lot 135, to the northwest corner of said Lot 135; thence north 88 59' 39" east, a distance of 362.49 feet, along the north line of said Lot 135 to the point of beginning. in more space 1s needed. continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Property to be used as a wetland area only, without public trails, access, or public recreational or, park use. Affix Deed Tax Stamp Here State of Minnesota County of SS. The foregoing instrument was acknowledged before me this day of , 19 , by , Grantor(s). NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANKI TNIS INSTRUMENT WAS DRAFTED BY tNAME AND ADDRESS): SIONATURE OF PERSON TAKINO ACKNOWLEUGMENT Tea Stalemenls for the reel proppeerly described in this Instrument should be rent to (Include name and address of 1)rantee): Exhibit C -1 Walter B. Booth Co —St. Paul MAYOR Barb Brancel COUNCIL Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 MEMO TO: Mayor and City Council FROM: James C. Hurm, City Administrator DATE: October 21, 1992 - RE: Manor Warming House - Agenda Item No. 5H - At their October 13th meeting, the Planning Commission on a 4 to 3 vote recommended that the conditional use permit for a temporary warming house at Manor Park, during a period of about 8 to 12 weeks this coming winter, be denied The Commission has never been comfortable with recommending that the City go against its own Code. However, they have recommended approval each of the last three years with the understanding that this is a temporary situation. The City Council passed Resolution No. 123 -91 on December 9, 1991 (attached) which approved the trailer for last winter only and gives the construction of a permanent shelter a first priority in park capital improvement planning. The 1993 -1997 Park Capital Improvement Program (CIP) schedules a permanent warming house in 1993. I assured the Planning Commission that the Park Commission and City Council are committed to this • building at the earliest possible date. A second alternative Park Plan (without park bond funds) calls for construction in 1994. But even under this scenario, I indicated the City Council is likely to look elsewhere for funds to build it in 1993. Simply put, for the first time, funding for the project is actually planned and building plans being drawn for a permanent structure. It will be built in 1993 or the latest 1994 if all anticipated funding sources fall through. Therefore, I recommend approval of the requested conditional use permit to keep a Manor Park warming house functioning during this coming winter. In addition, the Planning Commission should be commended for making a strong point in its recommendation. If the Council concurs that the warming house should be open this winter you might consider the following motion: "Direct the staff to prepare a resolution granting a conditional use permit for a temporary warming house at Manor Park and authorize staff to order a trailer for use this winter" Please remember passage requires a 4/5 vote! Attachment A Residential Community on Lake Minnetonka's South Shore JCH. al RESOLUTION NO. 123-9 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A TEMPORARY WARMING HOUSE IN MANOR PARK WHEREAS, the Shorewood Park Commission (Applicant) located a temporary warming house at Manor Park, consisting of an 8 foot by 32 foot mobile building for a period of three months during the winter of 1989 -1990, pursuant to a Conditional Use Permit (C.U.P) granted on 11 September 1989 for a period of one (1) winter season only; and WHEREAS, said C.U.P was extended for one (1) year for the winter of 1990 -1991, pursuant to a Conditional Use Permit granted on 25 November 1991; and WHEREAS, the Applicant now requests that said C.U.P. be granted for an additional season. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That after due consideration the Park Commission 'has postponed a bond referendum which included construction of a permanent shelter building. 2. That the Park Commission proposes to hold a reduced bond referendum to implement their capital improvements plan (C.I.P.). 3. That a permanent shelter building is not included in the C.I.P. CONCLUSIONS That the application of the Applicant for a C.U.P. for the location of a temporary warming house in Manor Park is hereby granted subject to the following conditions: 1. That the use of the temporary shelter in Manor Park shall be limited to the winter season of 1991 -1992 only. t 2. That construction of a permanent shelter should be given first priority in the capital improvements plan for parks. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of December, 1991. Barbara Bran 1, Mayor ATTEST: 7 es C. Hurm,' ity Administrator /Clerk 0 t MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF MEMORANDUM TO: FROM: DATE: RE: FILE NO. 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 Mayor and City Council Brad Nielsen 22 October 1992 Appeal Notice to Remove - Mary Bussaus Property - 5565 Harding Lane On 6 October the owners of the home located at 5565 Harding Lane were sent a "Notice to Remove" for approximately 30 cubic yards of brush which has accumulated on the rear side of their property (see Exhibit A). The owner of the lot, Mary Bussaus, has appealed the Notice (see Exhibit B), suggesting that it may be the City's responsibility to clean up the site. We agree with the appellant in that the brush pile has likely been there prior to her owning the property. It appears to be brush and lawn clippings accumulated from the Glen Road area which has simply been dumped there over time. The violation was discovered as a result of a neighborhood complaint. Apparently it had not been an issue during the development of the Harding Acres subdivision process or the construction of homes on Harding Avenue. With respect to any false accusation, no one from this department suggests that the appellant caused the violation. What is true is that the brush pile is a violation, and that it is on her property. Unfortunately, she is responsible for correcting the violation. If the Council wishes, we can turn this matter over to the Police Department for investigation as to who may have dumped the brush on the appellant's property. Experience tells us, however, that these types of activities are difficult to prove. Incidently, the complainant in this case provided no information as to who the violators may have been. It is recommended that the owner be granted an additional 30 days to correct the violation, during which time she may wish to solicit help from some of those who have used the property to dispose of their brush. cc: Jim Hurm Tim Keane Joe Pazandak A Residential Community on Lake Minnetonka's South Shore IZ-5.1 MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 4 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 DATE: 6 October 1992 TO: Michael & Mary Bussaus 5565 Harding Lane Shorewood, MN 55331 PROPERTY LOCATION: 5565 Harding Lane • PROPERTY IDENTIFICATION NO.: -33- 117 -23 -22 -0035 NOTICE TO REMOVE Offensive and Unhealthv Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes, but is not limited to the following: Approximately 30 cubic yards of brush. You are hereby required to remove the above - described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten I (10) days from the date hereof. In the alternative, you may file a written notice of appeal 9t the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lein against the property. * ** PLEASE GIVE THIS MATTER YOUR DWyMDIATE ATTENTION * ** BY ORDER OF THE SHOREWOOD CITY COUNCIL � b►t A A Residential Community on Lake Minnetonka's South Shore October 9, 1992 Shorewood City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To The City os Shorewood City Council: CERTIFIED LETTER I received the City of Shorewood's notice to remove "offensive and unhealthy substances" from our property today. I must say I was rather surprised and offended that the City chose to handle this situation in this manner, versus first calling us to discuss a possible misinterpretation of the facts. At this time I would like to put this matter into a clearer perspective for the city since you did not bother to make an initial inquiry. I am requesting the following facts and assumptions to be placed in our defense: 1 _ Prior to the purchase of the land and the building of our home on Property #33- 117 -23 -22 -0035, the pile of brush existed. Our builder, Robert Leekley did not add to the existing debris and performed all post construction clean up as required. 2.We did notice the pile of brush and thought perhaps our neighbor adjacent to our woods in back had created it. We did not want to start a neighbors quarrel right after we moved in, so we chose to wait. 3. My husband, Michael, recently spoke with our neighbor over a week ago, who acknowledged we did not create the pile, nor did he. He mentioned the City of Shorewood should be responsible for this pile of brush, since the City has been know to own small segments of land between parcels for storage use. Our neighbor said he would call the City of Shorewood requesting that they remove the pile. 4. If the City does not take direct responsibility for creating this pile of brush, our only conclusion is that the pile was created by the builders who built the surrounding homes in our area. The land was then used prior to our purchase, as a convenient way to dispose of debris without paying a haul -away charge. is 5. It is my understanding that the City is ultimately responsible for monitoring proper disposal of debris from new construction or other projects. If proper monitoring of disposal does not occur, we can only asume it is due to an oversight by the City, or its own negligence to enforce the ordinance. We want to make it very clear to the City that we are not accusing our neighbors of any wrong doing, rather, the strong possibility that their builders were and still are responsible for the inappropriate dumping of brush and debris now on our land. As a homeowner and taxpayer, we are asking the City to conduct a proper investigation, and then assess the cost to remove the debris to the party who created it in the first place. Finally, it is a sad day when the City Council, who is elected by the people, to serve the people, falsely accuses a constituent without the facts. I am therefore requesting this matter be taken before the City Council at the next regularly scheduled meeting and hopefully with further investigation by the City this can be resolved and a lesson in sensitivity can be learned. Sincerely, Mary 13� Bussaus 5565 Harding Lane Shorewood, MN 5 5331 �xh�b�t b OCT 08 "92 15 :01 OSM MPLS, MN Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 October 8, 1992 Re: Church Road Assessments City Project 91 -2 OSM Project No. 468020 Orr Sche!�t! tita assaoaus.inc 3 Dear Mayor and Council Members: P.. Engineers Arcnitccts Planners Surveyors Staff is currently in the process of compiling the assessment role for the Church Road project. Because some of the issues regarding this project are somewhat complicated, we thought it advisable to discuss some of them prior to the October 26 assessment hearing. The original Feasibility Report was prepared in November, 1990 and identified construction costs of $102,160.00, indirect (soft) costs of $35,770, and right -of -way costs of $39,270 for a total of $177,100. Currently, the construction costs are estimated at $105,500, soft costs associated with construction are at about 535,000, and right -of -way costs and contingencies are estimated at $87,500 for a total of $228,000. Obviously, the total project cost is significantly higher than originally proposed - primarily because of the high cost of obtaining right -of -way. Originally, the stated intent of the residents was for each to donate the required right -of -way, leaving only the • acquisition of the parcel for the cul -de -sac and legal costs to be assessed. This was the premise upon which the Council voted to proceed. Unfortunately, it appears that at least one of the residents involved intends to resist the easement taking, and a quick and easy resolution to the situation does not appear likely. This, we believe, will lead to the increased easement taking costs noted above. The potential increase in assessments is estimated at $3,500 (from $ 12,,00 to $16,3� each assessable unit. The proposed cost split include two (2) deferred assessments on the cul -de -sac parcel as originally delineated in the Feasibility Report. Keeping in mind that the proposed assessment has to have a direct bearing on the financial benefit to the parcel involved, staff believes the Council should have some alternatives available. One of these alternatives would be to have the City keep the $24,000 purchase price of the cul -de -sac lot, to be recouped upon future development. This would reduce the proposed assessments to about 4 600 each. 0 qual Opportunity Empioycr 300 Park Place Canter 5 Wayzata Boulevard Minneapolis. h1N 55416 -12. 612- 595 -5775 1- 800 - 753 -5775 PAX 595 -5773 ocT ©e '93 15 :02 oSM MPL3, MN Mayor and City Council October 8, 1992 Page 2 P.3 As was done with Pine Bend, another alternative may be to have the City pick up part of the street construction cost from the road fund or proposed storm sewer utility fund. With the City assuming a 1/3 portion of the street costs (about 550,000), the proposed assessments would be about 512,700 - very close to the original assessment of 512,800. The Council should also be aware that some or all of the affected residents will be receiving some of the assessment money back in the form of easement payments. Currently, the estimates for easement payments range from $1,000 to S6,400. While • these payments will have the result of reducing the net assessment, they must be considered separately from the actual assessment roles according to the City Attorney. We have attached a copy of the project map from the original Feasibility Report for your convenience. Please contact me at 595 -5595 with any questions. Sincerely, ORR- SCHELEN -4MAYERON & ASSOCIATES, INC. � Joel A. Dresel, P.E.,L.S. City Engineer enclosure CT 08 '92 15: 72 OSi 9 MPLS, MPS P . 4 E.. � 7^/ �•! o w o wk S \� P J { 38 �p i 13 ✓ MAPLE AVE. `�• 14 PROP. CUL DE SAC 16 1 0 17 f 9 i8 EASEMENT & R!O /W TO BE ,40tdy��s s $ 6 t6 ° 1J j ACQUIRED . 70 6t7o ✓• 20 24.5` EX. R/Q 60 t 021 $ 0 UNIT . . 3 4 5 22 23 24 j j 1 t SC A LE r 10C W. t i 52.nd ST. Drawn 8y: Orarnag Title Comm_ 1 140. R. G. o. 3rr�t.a CA EASEMENT AND ASSESSABLE 4 680 octe; S EFT. 24, =o� ! In ?r O*"" . ft 7 - 0 * n .,;.r. UNITS C ROAD . Figure N. 1990 ""`""'--�*• •..... • '�•.�••. ••.0 • S H 0 R EW 0 0 D, MINNESOTA A RESOLUTION NO. -92 RESOLUTION APPROVING SPECIAL ASSESSMENTS FOR PROJECT NO. 91 -2, STREET AND WATERMAIN IMPROVEMENTS, CHURCH ROAD WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the local improvement designated as Project No. 91 -2 and described as Street and Watermain Improvements, Church Road, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that: 1. Such proposed special assessments, copies of which are attached hereto and made a part hereof, are hereby accepted and i shall constitute the special assessments against the lands named herein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of to years and shall bear interest at the rate of 7.50 percent per annum from the date of the adoption of this assessment resolution. hole of 3. The owner of any property to the Cit d of Shorewood Ww thout the assessment against any parcel Y interest if payment is made prior to November 25, 1992. After November 25, 1991, following the date of the assessment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date assessment through December 31 of the following year. All paym ents thereafter shall be in accordance with the provisions of Minnesota Statutes Section 429.061, Subd. 3. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Shorewood, Minnesota, this 26th day of October, 1992. Barbara Brancel, Mayor ATTEST: James C. Hurm, City Administrator /Clerk JAMES P. LARKIN ROBERT L. KOFFMAN JACK F DALY D. KENNETH LINOGRCN OERALO N. FRIEDELL ALLAN E. MULLIGAN JAM E3 C. ER IC KSON EDWARO J. DRISCOLL GENE N. FULLER JON N O. FULLMER ROBERT C- BOYLE FRANKI, HARVEY CHARLES S. MODELL CHRISTOPHER J. OICTZEN JOHN R. BLATTIE LINDA H. FISHER THOMAS P. STOLTMAN MICHAEL C. JACKMAN JOHN C DIEHL JON $. SWICRZEWSKI THOMAS J. FLYNN JAMES P. GUINN TOOD (.FREEMAN PETER K. BECK JEROME H.KAHNKC BMC RRILL R. OMAN GE RALO L. SECK JOHN B. LUNOOUIST GAYLE NOLAN CILIBERTO- THOMAS B. HUMPHREY. JR. MICHAEL f MCKIM JOHN A. COTTER' BEATRICE A. ROTHWEILER 1�1 LARKIN. HOFFMAN. DALY & LINDGREN LTD. PAUL S. PLUNKETT ALAN L. KILOOW ATTORNEYS AT LAW KATHL N W NEWMAN MICNA LB. LESARON GREGORY f. KORSTAD GARY A. VAN CLEVC' DANIEL L. BOWLES 1300 NORWEST FINANCIAL CENTER TODD M. VLATKOVICH TIMOTHY J. MCMANUS 7900 XERXES AVENUE SOUTH TIMOTHY J. KEANE DONNA L. RODACK BLOOMINGTON. MINNESOTA 55431 MICHAEL W SCHLEY MICHAEL A. ROBERYSON TELEPHONE 16121 833 -3800 LISA A. GRAY FAX COW 898.3333 GARY A. RENNCKC SHANNON K. McCAMBRIDOE CHRISTOPHER J. HARRISTHAL WILLIAM C. GRIFFITH, JR. JOHN J. STEFFE NHAOEN DANIEL W. VOSS MARK A. RURIK JOHN R. HILL JAMES K. MARTIN THOMAS J. BfYMOUR. MICHAEL J. SMITH FREDERICK N. HAUSER III MARY E, VOS LARRY D. MARTIN Direct Dial Number ( 612) 896 -3203 OF COUNSEL WENDEL L R. ANDERSON JOSEPH OITIS RICHARD A. NORDBYE -ALSO ADMITTED IN WISCONSIN MEMORANDUM T0: Mayor Barbara Brancel Members of the City Council FROM: Timothy J. Keane, City Attorney DATE: October 22, 1992 RE: Issues relating to Metropolitan Waste Control Commission Our File No.: 18636 -17 At your City Council meeting of October 12, 1992, you requested a summary of alternative courses of action the City may consider as it relates to the Metropolitan Waste Control Commission (MWCC) sanitary • sewer charge increases for 1992 and 1993. The proposed increase in charges are scheduled to take effect January 1, 1993. Having discussed this matter at some length with City Administrator Jim Hurm and City Engineer Joel Dresel, I suggest the following as possible courses of action for the City Council to consider. 1. Do nothing at this time and pass the increased charges along to rate payers. 2. Continue to work with the MWCC staff and wait until some time in December for the MWCC flow data and substantiation of increased flows. City staff could at the same time attempt to negotiate a charge reduction on the basis of annualized adjusted flows. 3. Continue to work with the MWCC staff, as above, but direct the City's Engineer to undertake an independent extensive study of the verification of current flows. This would certainly be an expense item to the City and may be redundant to the work undertaken by the MWCC. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Memorandum October 22, 1992 PAQe 2 4. Pursue judicial remedies to simultaneously seek: (1) to immediately enjoin implementation of the increase in charges; (2) declaratory judgment that the increase in charges without adequate MWCC substantiation is arbitrary and capricious; (3) mandamus requiring increased charges; (4) pursue due process basis of unequal t: similarly situated the MWCC to substantiate the and and equal protection claims on the reatment of Shorewood vis -a -vis other communities. Staff is prepared to discuss these options in greater detail at your City Council meeting of October 26, 1992. • TJK :IU4s ,o October 15, 1992 Ms. Barb Brancel, Mayor City of Shorewood 25785 Sunnyvale Lane Shorewood, MN 55331 Dear Mayor Brancel: Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 -1633 612 222 -8423 Thank you for inviting MWCC representatives to hear your concerns at your October 12 council meeting. Although the interchange may • have been less comfortable for everyone than desired, it also provided a firm starting point for what we hope will be a strong cooperative effort to improve service for constituents we both share. We, myself, Commissioner Vierling, Chief Administrator Voss, and Don Bluhm would like to meet with you and your engineer and administrator before your requested deadline to review how we might present the information we are compiling with your staff's assistance. This would also be a good time to schedule whatever meetings are necessary to get an action plan formed. If agreeable' to you, I can ask our staff to arrange a mutually convenient time to get together. In the meantime, we already have some relevant pieces of information which we were unable to share because of time constraints on Monday. Attached are several exhibits for your review. • Our records as displayed in the first, exhibit indicate that net charges to the city changed very little 1988 through 1991. We believe the charges remained level during that period because decreased inflow and infiltration ' associated with lower precipitation offset other potential increases like inflation or population growth. However, as illustrated in the second exhibit, starting in 1991 flow increased substantially and charges followed suit in 1992. Similar flow increases occurred in 10 other communities around Lake Minnetonka. The third exhibit shows that lake levels in Lake Minnetonka increased dramatically in 1991 and continue at high levels. We believe the flow increases starting in 1991 are strongly related to infiltration and inflow (I & I) which is in turn associated with the high lake levels. Summary flow data is displayed in the fourth exhibit. Finally, some good news. We noted your concern that a significant portion of flow was never actually measured but only estimated. The good news is that the change in .flow is primarily associated Equal Opportunity /Affirmative Action Employer Al - � to with measured flow and not estimated flow. Consequently, our current measurement efforts should tightly pin down where and how the flow change is occurring. The total estimated flow for the city during this time period increased from 94 million gallons in 1988 to 99 million gallons in 1991. The total flow increased from 289 in 1990 to 402 million gallons in 1991. The Commission is sensitive to the city's concerns that these high increases in net costs to the city are hard to absorb in one or two years. The Commission would like to take this time to listen to and work with the city to develop a better alternative. I am also directing my staff to work closely with your staff to continue our efforts to resolve this issue. Since ly, Louis R. Clark Chair LRC:DSB:jmb Attachments SHOREWOOD cc: Hurm, City- >P;dminstrator OSM, City Engineer Council Members Gloria Vierling, Commissioner U C .0 - v C m o� 00 cM m 7n 00 0 � O n n co co co co co so co co m co co co co co oo co oa > W N -A o (o 00 -4 O Co .�• m tC N .P rn CC G o -- CO 0) CO < n ca CO CO N N N = D CA 4 " Co CO oa Cn co (n c) Q - —� -M m in G) CZ (o 00 W 0) o m Co o cn Co c� oo 0 0 0 0 0o o co 0 4 N Q� ff3 t 1 60 � v m N W 6 00 --� • N s co 0o r N 0 o m al p -4 o 6q 6q (.n Co CA) N ro N Z En y o -4 rn CO =m rn �4 y CA) N > --� ;p rn C.0 c31 o CO 4 CO CA) 0 G) C.0 rn -k 63 cn m N U1 CO -4 �o C , ) (n (n " CO {31 v C m o� 00 cM m 7n 00 0 � O n n Millon Gallons Per Month 0 0 0 0 0 0 0 0 o c as 0 3 3 0 C. 01 G -+ N W •P Gil 0 0 0 0 0 o O k M . o p. �O v i Lake Elev. add 925 ca -Pb cn 0 a a� �rl N W •Plb of 4) 2 W r cn O n r O CD =m 0 'O m m 0 < 0 m 3 c� CD y m o < - a. -z 3 o N 0 -ok 3 � N y 0 a a� �rl N W •Plb of 4) 2 W r cn O n r O CD =m 0 'O m m 0 < 0 'Ray 4901 Manitou Road, Tonka Bay, Minnesota 55331 Tel. 474 -7994 MAYOR L. H. Haug October 19, 1992 COUNCIL Ralph Bendiebar Steven Johnson Douglas Keller Jim Hurm John Senescall City Administrator INISTRATOR City Of Shorewood Callister 5755 Country Club Road Shorewood, Minnesota 55331 Dear Jim: On September 25, 1992, representatives from seven lake area communities met to discuss concerns and frustrations with the anticipated increase in rates from the Metropolitan Waste Control Commission. As a follow up, we have scheduled a meeting for Friday, October 30th at 7:45 ,i.m. at the Tonka Bay City Hall, 4901 Manitou Road. I have invited MWCC officials to attend the meeting to answer our questions and they have indicated that they will be in attendance. The main purpose of this meeting will be to again discuss common concerns that our cities have in dealing with the MWCC, particularly in the areas of inflow and infiltration and the type of sewage flow data used to formulate charges to each municipality. This meeting should provide us with an opportunity to question MWCC on their increased costs for 1993 and also update each other on our own situations. Please notify the appropriate staff person and your elected officials of this meeting. Please contact my office (474- 7994) as to who will be attending from your City. Hope to see you on the 30th. Sincerely, CITY OF TONKA BAY <�� avelister City Administrator n4o Ee6c 4 •» a:a � Lca MEMORANDUM MAYOR Barb Brance COUNCIL Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236 TO: Mayor and City Council FROM: Brad Nielsen DATE: 21 October 1992 RE: Einhorn, John - Resolution Denying Setback Variances FILE NO.: 405 (91.10) As you are aware John Einhorn is suing the City for denying him setback variances in June 1991. In preparing for the lawsuit, it was discovered that the resolution denying his variances mistakenly identifies Howards Point Road as the front of the lot. The attached exhibit is from the original staff report pertaining to the Einhorn request. It was the basis for the determination that variances were required and illustrates that the northerly lot line • (Island View Road) is the front of the lot by definition, the southerly lot line is the rear, the area abutting Howards Point Road is a side yard abutting the street and the area abutting the west line is a side yard. Chris Dietzen, the attorney representing the City in the lawsuit, has prepared an amended resolution contained within your packet. It is on the agenda for the 26 October Council meeting. If you have any questions relative to this matter, please do not hesitate to contact me or Tim Keane prior to the meeting. BJN:ph cc: Jim Hurm Tim Keane Joel Dresel A Residential Community on Lake Minnetonka's South Shore Jahn clnhor'n OF lot 7.0, Aud. Sub. No. 367 Hennepin County, Minnesota 0 1 0 m J'. A& 1'1OtC * w n � v o t ..v 3 N 89 47'90 "N 199.70 ..real •Zoo Aud. Sao. ) NO.367 � I J " r L EGAL DESCUPT;ON OF PRE'11SES SUR VEYED: Lot 20, Auditor's Subdivision 'lo. 367. Hennepin County, This survey is intended to show the houndariPs of the e and of the location of all existin buildings thereon, exIStinn hIii Idinn nn an — i1 i inr - si Exhibit B PROPERTY SURVEY RESOLUTION NO. 67A -91 A RESOLUTION AMENDING RESOLUTION NO. 67 -91 DENYING SETBACK VARIANCES TO JOHN EINHORN WHEREAS, John Einhorn (Applicant) desires to construct a new home to replace his existing home on property located at 5580 Howards Point Road in the City of Shorewood; and WHEREAS, the proposed location of the new home on the property does not comply with the setback requirements of the Shorewood Zoning Code, and Applicant has therefore made application for variances; and WHEREAS, a public hearing was held and the application reviewed by the Planning Commission on 4 June 1991, and, after deliberation, the Planning Commission recommended denial of the requested variances; and WHEREAS, Applicant appeared before the City Council at their regular meeting held on 10 June 1991 and submitted additional material concerning his application which he asked the Council to consider; and WHEREAS, the City staff has discovered a mistake in Resolution No. 67 -91 in that it identified Howards Point Road as the front of the lot and Island View Road as the side of the lot; and WHEREAS, the original staff report clearly identifies Island View Road as the front of the lot; and WHEREAS, it was the Council's intent in denying the setback variances to adopt the recommendations of the original staff report including the finding that Island View Road is the front of the lot and Howards Point Road is the side of the lot; and WHEREAS, the City Council has provided the Applicant an opportunity to appear before the Council and express his view regarding the amendment to Resolution No. 67 -91; and WHEREAS, the City Council has reviewed the materials submitted by the Applicant, the recommendations of the Planning Commission, and the memorandums and reports of the City Planning Director. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Applicant's property is located in an R -lA zoning district which requires a 50 -foot front yard setback and 50 -foot side - yard - abutting -a- street setback. 2. That Applicant's existing home encroaches into the 50 -foot front yard setback area on Island View Road and into the 50 -foot side yard setback on Howards Point Road and is therefore a nonconforming structure. 3. That the Shorewood Zoning Code provides that when a nonconforming structure is destroyed to the extent of more than 50% of its value, or the nonconforming use of the land is discontinued, any future use of the structure or land shall comply with the provisions of the Zoning Code. 4. That Applicant requests variances to permit construction of a new home extending 40.6 feet from the easterly lot line on Howards Point Road and 42 feet from the northerly lot line of his property on Island View Road. 5. That Applicant's request requires a 9.4 -foot setback variance on the east side of the property and an 8 -foot setback variance on the north side of the property. 6. That Applicant claims a loss of view of Lake Minnetonka, possible loss of mature pine trees, and the location of other nonconforming buildings in the area as justification for his requested variance; however, it appears that the Applicant's proposed new home can be constructed on the property in such a manner as to preserve the existing trees and still meet the setback requirements of the Zoning Code. CONCLUSIONS 1. That the variances requested by the Applicant constitute a significant deviation from the requirements of the Shorewood Zoning Code. 2. That Applicant's property can be put to a reasonable use under the conditions imposed by the Shorewood Zoning Code. 3. That Applicant has not met the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has not established an undue hardship as defined by Minn. Stat. Section 462.357, Subd. 6(2). 4. That Applicant's request for the variances set forth above are hereby denied. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of October, 1992. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator /Clerk CHECK APPROVAL LISTING FOR OCTOBER 26, 1992 COUNCIL MEETING CK NO TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE OCTOBER 9, 1992 10146 10147 10148 10149 10150 10151 10152 10153 10154 10155 10156 10157 0158 0159 10160 10161 10162 10163 10164 10165 10166 10167 10168 10169 10170 10171 10172 10173 10174 0175 R0176 10177 10178 10179 10180 10181 10182 10183 10184 10185 10186 (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) Void First State Bank Commissioner of Revenue Pera ICMA Retirement Trust City Cty Credit Union AFSCME Local 1224 Child Support Enforcement Anoka Cty Suppt /Collectns Commercial Asphalt Susan Niccum Pera Alan Rolek First State Bank Montgomery Wards James Hurm US Postmaster Petty Cash Void Mr /Mrs Michael Barga James Hurm Pepsi -Cola Company US West Communications Bellboy Corporation East Side Beverage Co. Griggs, Cooper and Co. Hoops Trucking Johnson Brothers Liquor Mark VII Mn Conway & Fire Safety North Star Ice Pepsi -Cola Company Ed Phillips and Sons Pogreba Distributing Quality Wine /Spirits Co. Thorpe Distributing Co. Wine Merchants Void First State Bank Commissioner of Revenue Pera Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Street supplies Sec 125 reimbursement Payroll deductions Conference expenses Payroll deductions Public works refrigerator Luncheon mtg expenses Postage for meter Petty cash reimbursement Recycling award Meeting expenses Pop machine rental Telephone services Liquor purchases Beer and misc purchases Liquor,wine,misc purchases Liquor and wine purchases Wine purchases Beer and misc purchases Fire extinguisher maint Misc purchases Misc purchases Wine purchases Beer and misc purchases Liquor and wine purchases Beer and misc purchases Wine purchases Payroll deductions Payroll deductions Payroll deductions 6,101.57 978.54 1,950.69 616.28 165.00 131.60 87.50 110.59 3,252.51 90.84 35.00 318.48 74.68 319.49 32.80 750.00 50.74 CONTINUED NEXT PAGE 50.00 33.96 10.65 48.93 2,151.21 7,675.80 3,671.46 261.10 2,477.54 5,198.40 83.00 216.00 390.65 1,055.55 4,136.50 951.37 13,797.40 81.50 5,634.86 951.17 1,925.61 -1- CHECK APPROVAL LISTING FOR OCTOBER 26, 1992 COUNCIL MEETING CK NO TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE OCTOBER 9, 1992 10187 10188 10189 10190 10191 10192 10193 10194 10195 10196 10197 10198 10199 10200 10201 10202 10203 10204 10205 (G) ICMA Retirement Trust (G) City Cty Credit-Union (G) Child Support Enforcement (G) Anoka Cty Suppt /Collectn (G) A & K Construction Void (G) Commissioner of Revenue (G) Commercial Asphalt (G) Wendy Davis (G) Bradley Nielsen (G) Northern States Power (G) Joseph Pazandak (L) Bellboy Corporation (L) Griggs, Cooper and Co. (L) Honeywell Protection (L) Johnson Brothers Liquor (L) Natl Guardian Security (L) Ed Phillips and Sons (L) Quality Wine /Spirits Payroll deductions 616.28 Payroll deductions 265.00 Payroll deductions 87.50 Payroll deductions 110.59 Payment voucher #8 /final 12,186.73 September sales t Street supplies Sec 125 reimburse Sec 125 reimburse Utilities Prot insp mileage Liquor purchases Liquor,wine,misc Security system Wine purchases Security system Liquor,wine,misc Liquor,wine,misc ax 9,417.63 1,260.47 went 74.83 went 140.00 34.18 78.56 1,522.50 purchases 2,362.72 84.25 2,276.71 315.48 purchases 4,250.36 purchases 1,804.85 TOTAL GENERAL TOTAL LIQUOR 38,575.63 64.182.02 TOTAL CHECKS ISSUED 102 757. IF -2- CITY OF SHOREWOOD CHECK APPROVAL.. l..IST FOR OCTOBER 26, 1.992 MEETING CHECK# VENDOR NAME DESCRIPTION DEPT_ AMOUNT 1.0207 APPLIED GRAPHICS ASSOC_ RECFIPT /P_O_ BOOKS GEN GOVT 987.26 10208 B & J AUTOMOTIVE TIRE REPAIR PUB WKS 10.00 1.0209 BOB RICHARDS PHOTOGRAPHY COUNCIL. PICTURFS COUNCIL. 1.01-1.8 1.021.0 C_H CARPENTER LARIBER MAIL..SL..OT SLIPPI..IF..S MUN BLDG 54.77 1.021.1. CHANHASSEN-C I TY OF SEPT ANIMAL.. CONTROL. PROT INS 842.00 1.021.2 COMMERS CONDITIONED WATER WATER COOLER RFNTAL.. CITY GAR 23 -96 1.021.3 CROSSTOWN -OCS , I NC - VP 1.021.4 1.07..1.5 1021.6 1.021.7 1.021.8 DEM --CON L A N D F I L L , INC _ FOS ARCHITECTURE ESS BROTHERS AND SONS INC ERICKSON, ROL.F F_A_ * ** TOTAL. GOPHER STATE ONF..-- CAL..L., IN ** TOTAL. CITY HAL.L.. COFFEE SUPPLY MUN BLDG 94_00 DUMPING FEES PW SITE ENG SVCS MANHOLE MAINT NOV ASSESSING FEE ASSESSOR SUPPLIES FOR ERICKSON, ROL..F E_A_ ONE CAL..L. SVCS ONE CAL.L.. SVGS FOR GOPHER STATE ONF-CAl 1.021.9 HERMAN'S LANDSCAPE SUPPLY BLACK DIRT !, 1.0220 MFNNEPIN COLINTY TRFASURFR TRAIL. SIGNS 10221. INGMAN L.ABORATORIFS, INC_ SOIL. TESTING SVCS 1.0222 KEN JARCHO INSURANCE COMPUTER COVERAGE 1.0223 KAR PRODUCTS 1.0224 KNOX COMMERCIAL. CREDIT 1.0225 L..AKL:. MINNETONKA CABLE SHOP SUPPL. r E S CITY GAR 31_50 50 1.,599.31 SEWER DF 1.21-41. PROF SER 3,098-00 PROF SER 49.45 3,1.47-45 WATER DE 58.75 SEWER DE 58-75 1.1.7.50 PARKS & 1.44.37 PARKS & 274.00 PROJECTS 96 -00 ML ►N RL.. DG CITY GAR 331.00 1 90.01. WARMING HSE DOOR /FRAME PARKS & 51-11. MEETING TAPE COUNCIL. 5.00 1 1.0226 LARKIN, HOFFMAN, DAL.Y--- SEPT L..FGAL.-DEVEL.OPMFNTAL.. 1.35.00 SEPT L.FGAL. --ON GOING - --- -- ---- -- 54.00 SEPT LEGAL- GFNFRAL PROF SFR 6,1.58.08 SEPT L..F..GAL.- CHURCH ROAD PROJECTS 555.23 * ** TOTAL.. FOR LARKIN, HOFFMAN, DAL.. 6,902.36 1.0227 LONG L.AKF TRACTOR /EQUIP VEHICLE MAINT SUPPL.IFS PUB WKS 21-1.2 1.0228 MAHONEY HOME SERVICES h-AL.L.. Wt=FD SPRAYING PARKS & 1.,477.64 1.1:)229 H_C Mh'YER AND SONS, INC_ GREASF -MAINT SUPPLIES CITY GAR 2 52 CITY OF SHOREWOOD CHECK APPROVAL.. LIST FOR OCTOBER 26, 1992 MEETING CHECK# VENDOR NAME DESCRIPTION DEPT_ AMOUNT 10230 METROPOLITAN AREA MANAGER LUNCHEON MEETI ADMTN 11 10231 METRO WASTE CONTROL.. COMM. NOV CONTRACT PAYMENT SEWER DE 31,3S9.00 10232 CELLULAR TEL..EPHON CO CELLULAR PHONE. CHARGES - -- - - - - -- 1.2.3*7 10233 MN SUN PUBLICATIONS ADVERTISING— DEVEL..OPMENTL. -- -- - - - -- 1.78.22 PUBLISHING GEN GOVT 1.55.44 TOTAL. FOR MN SUN PUBLICATIONS 333.66 10234 MUNTTECH, INC_ NOV CONTRACT PAYMENT WATER DE 3,720.00 NOV CONTRACT PAYMENT SEWER DE 2,4SO -00 -� TOTAL. FOR MUNITF..CH, INC_ 6,200.00 10235 NAVARRE TRUE VALUE MAINT SUPPLIES MUN BLDG 1.8.51. MATNT SUPPLIES CITY GAR 3.42 MAINT SUP P LIES PARKS & 20.81. MAINT SUPPLIES CITY GA 6.42 MAINT SUPPLIES SEWER DE 92.28 .K�lc 1c TOTAL. FOR NAVARRE TRUE VALUE 141-44 10236 NORTHERN COUNTIES SL:.C. ?VC. C:OUNC:IL.. MEETING MINUTES COUNCIL.. 328.50 PLANNING COMMISS MINUTES PLANNING 1.83.00 # TOTAL. FOR NORTHERN COUNTIES SE 511-50 10237 ONE CALK CONCEPTS, INC_ PRINTER MAINT WATER DE 1.1.2.50 PRINTER MATNT SEWER DE 11.2.50 * TOTAL. FOR ONE C,AL..L. CONCEPTS, I 225.00 10238 PHELPS, SANDRA /ROBERT ASSE SSMENT REFUND -- -- - - - -- 196 -28 10239 PRECISION COMPUTER SYSTEM COMPUTER UPDATES FINANCE 37.28 10240 ST_ PAUL STAMP WORKS, INC 1993 DOG TAGS GEN GOVT 82.49 10241 SHOREWOOD TREE SERVICE TREE HAULING SERVICES TREE MAT 1.75.00 10242 SO L.K MTKA PUB SAFETY DEP NOV CONTRACT PAYMENT POLICE P 31,3903.81. COURT OT POLICE P 439.49 TOTAL.. FOR SO L..K MTKA PUB SAFET 31,838-30 10243 TONKA PRINTING CO- INVITATION PAPER CITY GAR 5.33 10244 TWIN CITY WATER CLINIC SEPT WATER TESTING WATER DE 20.00 10245 WITT FINANCIAL FINANCIAL.. SERVICES FINANCE 247.50 10246 DM.7 CORPORATION STREET OVERLAY SVCS STREETS 24,108-00 10247 EBERT CONSTRUCTION PAYMENT VOUCHER #2- SALT /SAND BLDG 16,102.50 * TOTAL CHECKS FOR APPROVAL 128,182.12 * ** TOTAL CHECK APPROVAL LIST 230,939.77 -4- CHECK APPROVAL LISTING FOR OCTOBER 26, 1992 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK R EGI S TER FOR OCTOBER 20, 1992 PAYROLL 206679 (G) Lawrence Niccum 80.0 reg hours 783.72 206680 Void 206681 (L) Scott Barlett 20.5 reg hours 118.33 206682 (G) Charles Davis 80.0 reg hours 576.52 206683 (G) Wendy Davis 80.0 reg hours 673.66 206684 (L) Cory Frederick 33.5 reg hours 184.08 206685 (L) John Fruth 20.0 reg hours 106.32 206686 (G) Patricia Helgesen 80.0 reg hours 681.78 206687 (G) James Hurm 80.0 reg hours 1,493.60 206688 (L) Brian Jakel 20.0 reg hours 112.79 206689 (G) Dennis Johnson 80.0 reg hours 755.92 206690 (L) Martin Jones 23.25 reg hours 101.32 06691 (L) William Josephson 80.0 reg hours 629.07 06692 (L) Mark Karsten 43.5 reg hours 220.61 206693 (L) Sandra Klomps 6.5 reg hours 31.52 206694 (G) Mary Beth Knopik 7.0 reg hours 38.79 206695 (G) Anne Latter 80.0 reg hours 793.34 206696 (L) Susan Latterner 38.5 reg hours 206.75 206697 (G) Joseph Lugowski 80.0 reg hours 740.69 206698 (L) Russell Marron 43.5 reg hours 239.05 206699 (G) Susan Niccum 80.0 reg hours 654.72 206700 (G) Bradley Nielsen 80.0 reg hours 937.92 206701 (G) Joseph Pazandak 80.0 reg hours 960.46 206702 (G) Daniel Randall 80.0 reg hours 766.25 206703 (L) Brian Roerick 6.0 reg hours 34.63 206704 (G) Alan Rolek 80.0 reg hours. 1,040.02 206705 (L) Brian Rosenberger 26.0 reg hours 138.62 206706 (L) Christopher Schmid 80.0 reg hours 410.47 206707 (G) Howard Stark 82.0 reg hours 677.15 0 06708 (L) John Stolley 8.0 reg hours 41.74 206709 (L) Daniel Vielbig 3.0 reg hours 14.54 206710 (G) Beverly Von Feldt 80.0 reg hours 533.63 206711 (G) Ralph Wehle 80.0 reg hours 615.65 206712 (L) Dean Young 80.0 reg hours 614.00 206713 (G) Donald Zdrazil 80.0 reg hours 1.153.42 TOTAL GENERAL 13,877.24 TOTAL LIQUOR TOTA PAYROLL 3.203.84 17,081.08 -5- CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, SEPTEMBER 29, 1992 M I N U T E S CALL TO ORDER SHOREWOOD CITY HALL 5755 COUNTRY CLUB ROAD 7 :00 P.M. Chair Wilson called the meeting to order at 7:03 p.m. ROLL CALL Present: Chairman Wilson, Commissioners Lindstrom, Laberee, Dzurak, Mast, McCarty and Andrus; Council Liaison Lewis; and Administrator Hurm; APPROVAL OF MINUTES The following minute changes are attached and made a part of the minutes. Minutes of Monday, April 6, 1992 Dzurak moved, McCarty seconded, to approve the minutes of Monday, April 6, 1992 as corrected on page two: Page two - under "Discussion of Park Plan C Options - Motion regarding discontinuing negotiations with Minnewashta Church concerning proposed land swap added. Motion carried - 5 ayes - 1 abstain (Laberee - not present). Minutes of Tuesday, April 14, 1992 Lindstrom moved, Mast seconded, to approve the minutes of April 14, 1992 with the meeting being held at City Hall. Motion carried unanimously - 7 - 0. Minutes of Tuesday, August 25, 1992 Dzurak moved, McCarty seconded, to approve the minutes of August 25, 1992, as corrected on pages 1, 2 and 3 (attached). Motion carried - 5 ayes - 2 abstain (Laberee and Andrus). Minutes of Thursday, September 10, 1992 Lindstrom moved, Dzurak seconded, to approve the minutes of Thursday, September 10, 1992, as corrected (attached). Motion carried - 5 ayes - 2 abstain (Laberee and Andrus). v SHOREWOOD PARR COMMISSION MINUTES TUESDAY, SEPTEMBER 29, 1992 - Page two 7:00 PM - OPERATION BUDGET DISCUSSION OF PARK MISSION AND OBJECTIVES Administrator Hurm reviewed the new budget format with the Commission. The Commission discussed various aspects of the budget and made some suggestions. • Change "Pleasure Rinks" to "Free Skating Rinks" • Lindstrom suggested adding "goals ", he said "goals" are long range plans, while "objectives" are short range plans done to achieve goals. • When Associations sign up for the year ask them how many teams and how many people will be using the facilities • Dzurak said he is in favor of selling Shady Hills Park The Commission discussed other saleable land. Hurm mentioned a 192' x 112' piece of land at the corner of Vine Street and Manor Road that is not large enough to build on but might interest a neighbor if they were approached. 7:30 PM - DISCUSSION OF IMPLEMENTATION OF PARK PLAN The Commission reviewed the Committees (Referendum, Speakers, Neighborhood Information, Public Information, Athletic Association Involvement, and Finance) They discussed who would work well with each committee. The following people were mentioned in association with helping: Tad Shaw Gordon Christensen Bob Fisk John Seamans Bob Gagne Bill Keeler Janice Holden Dave Anderson Steve Frazier Ken Vogel Jerry Wickus Gary Dressel The Commission also discussed having the "Neighborhood Information Committee" work in conjunction with the "Vote Yes Committee ". The Commission discussed how to meet with the interested parties. Hurm said it would save money if City Hall was used as the only polling place for the referendum election. He asked for feedback. The Commission discussed the issue. Hurm will contact Commissioners to set up convenient meeting times, then will contact volunteers. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 29, 1992 - Page three SILVERWOOD PARK POND SIZE Hurm said he talked to Max Daubenberger from VHS today. Daubenberger told him they had the pond surveyed to determine its size and the amount of fill that was removed. The original excavation was supposed to be 5300 cu.yds. the contractor bid it at $5 per cu. yd. or $26,500, the actual amount was 3012 cu. yd. or, at $5 a cu. yd., $15,060. Therefore there would be a credit coming for 2288 cu. yd. or $11,440 credit at $5 a cu. yd. Daubenberger said the contractor has acknowledged he is obliged to do the work that was in the plan. Hurm told Daubenberger that the City did not want the credit, they wanted the work done the way it was supposed to be done, with the pond the size it is supposed to be, the size they were contracted to do. Hurm said now we will not be able to do the landscaping until spring. The Commission was very clear in their statement that they unanimously agree, they do not want the credit, they want the pond the size it was supposed to be. MANOR PARK TRAILER Hurm said this is scheduled to come before the October 13 Planning Commission meeting. He said both himself and Dzurak would be present at that meeting to present the Capital Improvement Plan to the Planning Commission. Hurm read a cover memo that will be attached to the CIP explaining the Manor Park warming house situation, that it is a high priority item but will not be finished this year, so the use of the trailer is requested. SKATING HOURS Postponed until next meeting. FREEMAN PARK BOUNDARY SURVEY Hurm said he has been working with Mark Koegler from Hoisington Group and Joel Dresel, our City Engineer to accomplish as much as possible for the $5,000 limit which is in our budget this year. A contract has been set up with OSM, Project 92 -2, to do a Freeman park Boundary and Topographic Survey with the following scope of services: • Topographic survey (1 = 100' with 2 foot contours) • Composite boundary based on legal descriptions from City Records • Composite topography/ boundary sheet rectified to the same coordinate system • Field boundary staking as requested by City Planner Composite sheet to be done by January 1, 1993. Field staking as requested. Hurm said we will also have aerial photographs. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 29, 1992 - Page four MATTERS FROM THE FLOOR 1992 Meetings The Commission agreed to meet on the following dates: Tuesday ........ October 27 Tuesday ........ November 10 Tuesday ........ November 24 Tuesday ........ December 8 Cancelled ..December 22 If additional meetings are necessary, they will be called. Grants Hurm announced that grant money is available for trails. He will be working with Mark Koegler to try to apply for grant funds to supplement our referendum money. There are two other grant programs, a DNR program - LCMR funds - 1.5 million dollars for trail development, and a program from MnDOT where you submit plans for bikeways and walkways. This program also has 1.5 million dollars available. Hurm said he would like to have Park Planner Koegler put together information to be used for various grants, at a cost not to exceed $500. Christmas Lake Dzurak reminded Commission that m.p.h. rule is up at end of year. Hurm said Christmas Lake was treated for the first time this year for milfoil. REPORTS Silverwood Park Wilson said he visited Silverwood Park and the seeding on the hill is eroded. Hurm said the contractor is responsible. SHOREWOOD PARR COMMISSION MINUTES TUESDAY, SEPTEMBER 29, 1992 - Page five ADJOURNMENT McCarty moved, Mast seconded, to adjourn the meeting at 9:1OPM. Motion carried - 7/0. RESPECTFULLY SUBMITTED Tape /JH /sn CITY OF SHOREWOOD SHOREWOOD CITY HALL PARK COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, AUGUST 25, 1992 7:00 P.M. M I N II T E S CALL TO ORDER Vice Chair Dzurak called the meeting to order at 7:16 p.m. ROLL CALL Present: Chairman Wilson, Commissioners Lindstrom, Laberee, Dzurak, Mast, McCarty and Andrus; Park Secretary Niccum; Council Liaison Lewis; Administrator Hurm; and Park Planner Mark Koegler APPROVAL OF MINIITES McCarty moved, Lindstrom seconded, to approve the minutes as written. Motion carried - 6 ayes - 1 abstain (Andrus) REPORT ON SOUTH TONKA LITTLE LEAGIIE /TONKA MEN'S CLUB MEETING Lindstrom, who was present at the meeting, said the South Tonka Little League is growing in number, and fields are needed. Right now out of the 2 fields at Tonka Bay, ! Fr at 2 fields at Minnewashta School, 1 field at Cathcart, and two at Freeman, it is possible that Tonka Bay is losing one field, and the Minnewashta School will ply possibly have two fields unplayable next year while they are adding on to the school. Lindstrom said a five field complex in Freeman Park would be ideal. Parents would not have to drive their kids all over the place. He said the Little League and the Tonka Men's. Club are looking into the possibility of purchasing part of the Wagner property east of Freeman Park, they would try to get a Contract for Deed funded through the Little League and the Tonka Men's Club, and ask other businesses to contribute. He said this would work out if the access to Highway 7 was closed, and the Babe Ruth . Field was converted to a Little League Field. Hurm said the City is working on a referendum at this time, and the idea of the referendum is to improve the family area, the road, and the parkland we have now - -not purchase more land. Laberee asked if the City is sure that it would be big enough to fit all the fields in. Lindstrom said with removing one parking lot and coverting the Babe Ruth Field, it should be. Mast asked about closing the Highway 7 entrance, and if anyone has approached Wagner yet. It is very preliminary at this point. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, AUGUST 25, 1992 - Page two Lindstrom discussed the improvement plans for Highway 7, saying it weiald -P3lry might be another 20 years before the State would put in a stop light, and it would not be at the park entrance. If a light was put anywhere it would probably be Eureka Road, therefore having the entrance on Eureka would make sense. Hurm said additional land would have to maintained by the City. He said he has also introduced the concept to the Little League of having them eventually do their own mowing. He said if the City did close the Highway 7 entrance and sell the land, it would be a Possibility for the Park Commission to approach the Council and request that the money received for the land sale be put back into the parks. He said this would likely be the only money that would be given by the City. REVIEW AND APPROVE ALTERNATE CAPITAL IMPROVEMENT PLAN Dzurak asked Lewis if he thought the Council would think the "Alternate Capital Improvement Plan" was reasonable. Lewis said he thought so. Hurm said the Council has already seen "Plan C", which this derives from. REPORTS ON PARKS Silverwood Hurm explained that the City had received a $1500 credit on the contract for work being done. He said the job, except for the seeding, should be finished in approximately 3 days. Dzurak asked how the City was going to get equipment down to the pond. Koegler said if they change the shape of the pond a little, they could follow the proposed trail, this would be. the best access. Lewis asked what would be done with the temporary road going into the park from Covington Road. Koegler said he assumes it will be restored. Koegler also said there is a fair amount of erosion on the hillside but it should be easily repaired. Freeman Hurm said he talked to the Osha family (25840 State Highway 7) regarding Ballfield #1. The Oshas were not aware if the ballfield encroaches into their property. Hurm told them we would be doing a survey of that area and would determine if there is any encroachment. Hurm informed the Commission that he does not have a recommendation yet because we estimated $5, 000 for the survey and the lowest price we have been quoted so far is $7,000. The photography alone is around $1,200. Laberee asked if Mark Hurd's drawings were accurate enough. Hurm said there are a few problems to work out, he will come back with more information. V i SHOREWOOD PARK COMMISSION MINUTES TUESDAY, AUGUST 25, 1992 - Page three Wilson asked if the dugouts had been finished. Hurm said Gary Dresel said he would fix them. Wilson said the holes have been filled in but it is still rough. Dzurak asked if there has been any comment on the posts used to mark the trails into Freeman from Shorewood Oaks. McCarty said the neighborhood appeared to approve of them, the bright yellow paint had given some of them a temporary shock. Cathcart Hurm reviewed the draft agreement between Chanhassen and Shorewood regarding Cathcart Park. Hurm will discuss the time period with the City Attorney. Lewis asked if Cathcart Park was being tied into the current C.I.P. Badger Hurm told the Commission that Badger tennis court is completed. Hurm said Public Works will be moving into their new building in a couple of months. Hurm also said a tree grant has been received from the "Small Business Association" allowing $2,500 for the new Public Works site and $2,500 for Badger Park /City Hall. REFERENDUM ACTION PLAN Dzurak said Bob not running for the referendum, liked the plan. there is an acts Mayor Brancel. Gagne liked the plan and, altl re- election, he volunteered to he would like to see it pass. Lewis said Daugherty was very .on plan that is to be followed. yagh because he is speak on behalf of Hurm said Stover encouraged because Hurm will talk tc The Commission individually mentioned who they have talked to, and who is interested. Names mentioned were Gordon Christensen, Roger Stein, Tad Shaw, Ken Vogel, Andy Pahl, Janice Holden, Steve Frazier, and Karen Vance. CHANGE IN MEETING DATE Mast moved, McCarty seconded, to hold the meeting scheduled for Tuesday, September 8 to Thursday. September 10,_ and to hold a presentation regarding the referendum to prospective committee members. Motion carried - 7/0. Lewis and Andrus will be absent from the September 10 meeting. CITY OF SHOREWOOD SHOREWOOD CITY HALL PARR COMMISSION MEETING 5755 COUNTRY CLUB ROAD THURSDAY, SEPTEMBER 10, 1992 7:00 P.M. M I N U T E S CALL TO ORDER Chairman Wilson called the meeting to order at 7:00 p.m. ROLL CALL Present: Chairman Wilson, Commissioners Lindstrom, Dzurak, Mast, and McCarty; and Administrator Hurm Absent: Commissioners Laberee and Andrus; Council Liaison Lewis REVIEW AGENDA Item #2 - "Operating Budget Discussion of Park Mission and Objectives" was removed from the agenda. APPROVAL OF MINUTES No action was taken. DISCUSSION ON IMPLEMENTATION OF PARR PLAN For the Public in attendance, City Administrator Hurm reviewed the history of developing a Parks Capital Improvement Program over the last several years. He stated that a Park Referendum had initially been suggested at over one and one -half million dollars. He stated that the latest Park Capital Improvement Program calls for a eight hundred and fifty thousand dollar Park Referendum. Nearly two years ago the Park Commission held a series of public information meetings and learned from the citizens attending that their plan is very good but there was concern for the cost so the Commission went to work to reduce the size of the of the proposed bond issue. A survey was taken early in 1992 which indicated support for improving trails and parks.- The funds from the bond issue would mainly be used to improve neighborhood parks, the family area of Freeman Park and trails. The chart below indicates the estimated property tax impact for various valued homes. Market Value First Year Property Tax Impact 31 4. $ 75,000 $ 17.65 $ 150,000 $ 35.30 $ 250,000 $ 58.84 $ 350,000 $ 82.37 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, SEPTEMBER 22, 1992 MINUTES CALL TO ORDER COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Chair Benson called the meeting to order at 7:00 p.m ROLL CALL Present: Chair Benson; Commissioners, Bean, Borkon, Leslie, Malam, and Rosenberger; Council Liaison Stover; and Planner Nielsen. Absent: Commissioner Hansen. APPROVAL OF MINUTES Borkon moved, Rosenberger seconded to approve the minutes of the Commission's September 1, 1992 meeting. Motion passed 6/0. 1. PROPOSED REZONING FROM R -1 C TO L -R /VARIANCES FOR LOT AREA, BOAT SLIPS, AND FRONT YARD SETBACK (Tabled from September 1 meeting) Applicant Upper Lake Minnetonka Yacht Club (Skip Jewett) Location 4580 Enchanted Point Chair Benson noted that this matter was tabled by the Commission at its September 1 meeting with an extensive specific motion. Nielsen read the motion: " Borkon moved, Bean seconded to table action on this request for two weeks to September 22, with a positive approach to working in the direction of the request with specific plans laid forth in regard to the road, its reconstruction, who pays, how it impacts neighbors, costs, protective covenants and their guidelines, utilization of the road including by the fire department, promote privacy and security for the neighbors, consideration of a smaller building and clarification of the ordinance in terms of the specifications of the building and its use." Nielsen stated that in working in the direction of the request, one of the ideas discussed was trying to make it more compatible with its residential surroundings and incorporate more restrictive requirements into the application than what the L -R zoning currently allows. The City has the authority to do so primarily due to the variances requested, the premise being there is a distinction between a commercial operation fil 4 P PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1992 - PAGE 2 and a sailing club /school. Under that distinction, Nielsen stated there are a number of items proposed to be more restrictive than the L -R District allows. Nielsen stated that the L -R District has a number of specific requirements. He reviewed restrictions that would be in addition to, or in place of, the L -R requirements: 1) Harboring of boats shall be limited to sailboats with the exception of one power boat used by the Club. 2) A detailed landscaping plan including site lighting prepared by a registered landscape architect must be approved by the Planning Commission and the City Council. Substantial landscaping and screening on the residential and lake side have been recommended. 3) The club house can be no larger than 1500 square feet in area on the first floor. L -R District allows two stories; club proposes 2154 square feet which includes 504 square feet of storage. Code suggests separate buildings for club house and storage; however, if the City allows the space to be combined, the storage area should be designed to accommodate lawn care equipment and supplies. 4) Prohibit retail sales or limit sale of sail boating items to members of the club only. 5) prohibit the dispensing of gas. 6) Prohibit rental of fishing boats. 7) Prohibit a launching ramp. 8) Limit outdoor storage including dry storage of boats to seasonal storage of dock sections, boat lifts and sail boats owned by the club and used for the sailing school. 9) With the exception of limited social gatherings restricted to club members, serving of food on the premises shall be limited to that dispensed from a vending machine. 10) Parking lot must be paved, curbed, and striped pursuant to the City Code. Applicant has agreed to widen Enchanted Point to 24 feet with a Class V surface. Seal coating (oil- treatment) for 3 -5 years would result in a dust -free surface. Estimated cost of the road improvements: $5400 for Class V surfacing; $1100 per year for seal coating. 11) Applicants sign plan must be approved by the City Council. 12) All halyards must be secured to prevent noise. 13) Grading and drainage plans must be approved by the City Engineer and Minnehaha Creek Watershed District. 14) No work of any kind may commence until such time as the State Archeologist has determined that the site is not an Indian burial ground. Nielsen stated that a communication from the individual who was scheduled to conduct the investigation on September 16 or 17 indicated that due to time constraints is unable to do so and suggested that the yacht club contact the Minnesota Indian Affairs Council for advice on how to handle the investigation. Although the State Archeologist has a back -log of investigation requests and currently is not accepting additional requests, it is advised that any archeological investigation must be handled by the State Archeologist or an approved appointee. Nielsen clarified the law with regard to the Indian mound investigation stating that according to City Attorney Keane, neither the City nor the developer has a "duty" to make that investigation in terms of the law. However, if a developer goes in and does some work and it turns out to be a burial ground, it is a felony punishable under that category of law. Ramifications of this are that if it turns out it is not a burial ground, they are "home free," however, if it is and they have been warned that it may be a burial ground, it would be difficult to defend a felony charge. Fa -4 %. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1992 - PAGE 3 At the last meeting it was suggested that the additional restrictions imposed on the applicant could be incorporated into protective covenants and recorded against the property. Nielsen stated that after review of the City Code with the City Attorney, it is considered that licensing requirements in the Code are adequate, and it is perhaps preferable to incorporate the restrictions into the license. Nielsen stated that after review of the Applicant's plan and recommended restrictions, the Mound Fire Marshall suggests: a) consideration of an easement on the yacht club parking area to enable emergency vehicles to turn - around and that the turning radii on the driveways should accommodate it's longest truck, and b) smoke detectors in the building would be required to be wired to a monitoring station. The Fire Marshall indicated that with these improvements and the widening of Enchanted Point, the proposal would be "a benefit to the residents" as well. Nielsen pointed out that the issue of the number of slips allowed remains unresolved. If the City is willing to allow more slips than authorized by the Code, it is suggested that this be accomplished by an amendment to the Code which would allow sailing /yacht clubs to have a different slip to land ratio; e.g. one slip per 2000 square feet of land area. Chair Benson asked for a response from the yacht club. Owen Nelson, Attorney for the club, stated that regarding the Indian burial ground, he has contacted a number of individuals to accomplish this. He is waiting for a response regarding the availability of a Duluth archeologist to conduct the investigation. He stated that the club needs at least 25 slips. He said that when the ordinance was drafted, it may have been done with speed boats in mind, however, there is no noise from the sail boats leaving the slips. Therefore, he pointed out the actual use is substantially different than what the ordinance was designed for (a marina). Nelson said if there were 19 motor boats firing up, it would be a different ball game entirely. Regarding the club house situation, Nelson believed the club is within the parameters. He stated it's better to have one building with storage facilities and that the club is under the 2154 square feet with one building with storage right in the building itself. As far as the rest of the aspects of it, Nelson said the club will do everything to make a decent road in there. The club wants to work with the Council. Nelson said it seems that this is something the neighbors should be participating in to seal coat the road. He said seal coating will be to their benefit for 12 months of the year whereas the club uses it for only 3 months. It's not a whole lot to ask, Nelson continued, the club will widen it, put a gravel base on it and seal coat it for a $1000 a year. Nelson felt all should participate in that. Basically, the club can live with the restrictions. Nelson expressed appreciation for the efforts of everyone. The yacht club has the need for 25 slips to make it viable and to provide the school and the educational programs; the club needs a base number to pay taxes and to maintain the structure and parking. 3 4f j PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1992 - PAGE 4 Chair Benson called for comments from the public at 7:20 p.m. He requested that only those with new information, knowledge or questions present remarks and identify themselves before speaking. Jerry Grewe, 4560 Enchanted Point, said that the only thing that slows anyone down on that road is the washboard effect. If we pay to seal coat the road, this will speed up people driving on that road. We cringe when the grader comes to smooth it out because we know what's going to happen. To have the road oiled is not a benefit; cars, garages, homes and white carpets will be full of oil. Grewe also noted the concerns of the Fire and Safety Departments in reaching the residents and even the yacht club particularly if cars are parked on the road. Lee Labore, 4445 Enchanted Point, stated he did not attend the previous meeting, but received a copy of the ordinance. Labore read a portion of the ordinance regarding "infringement upon the health, welfare and safety of others." He stated that to accommodate a 24 foot roadway, in excess of 100 trees would have to be removed. That cost would be staggering and in addition some condemnation procedures would be required. He noted that according to a long time resident, at the time the ordinance was passed, the yacht club assured the Planning Commission and the Council that there would never be a building on that site if they could get a conditional use permit for sailing purposes. He did not know if this was true or not or what the records would show. He expressed concern that once you rezone commercial, you can put conditions on a property, but someone else could come along and say they want to rent boats, etc. and put in all the things the ordinance allows. He spoke further about the "promise" made to Shorewood when the ordinance was passed and stated that the main concern should be of the homeowners and residents. He commented on the variances required if the application would be approved including drainage problems. Bob Rascop, 4560 Enchanted Point, expressed concern over the cost of the road improvement and stated that if there ever was an assessment to the residents for improving or maintaining the road, the residents would fight it on the grounds that it lowers their property values. Regarding the storage of boats, he stated that it would be a grievous expansion of the winter time ambience of that property. Brent Nelson, 12585 -12th Ave. No., Plymouth, stated he was confused in that the club is attempting to conform to the requirements and now the residents are saying they don't want a wider road. Also, he pointed out the people in the yacht club are a strong part of the community and the club's contribution is a real asset to the neighborhood. Owen Nelson filed with the Commission a copy of a plat showing a 24 foot road. Chair Benson closed the Public Hearing at 7:35 p.m. 0 J PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1992 - PAGE 5 Leslie asked for clarification regarding the authorized persons to conduct the burial ground investigation. Bean raised questions regarding the variances and restrictions including that of the size of the building and preferred that it be smaller than proposed because of the impact it would create on the site. He acknowledged the value of having a building on the site. Rosenberger asked what precedents would be set if the application were approved with the restrictions on the building imposed. Nielsen pointed out that the distinction is that of being a sailing club vs. a commercial marina vs. a residential property. Rosenberger expressed concern over the rationale and how it would affect another application. Leslie noted that the Zoning Ordinance sets the guidelines. Bean asked if the restrictions can be tied to the annual renewal of licensing contingent upon violations of the restrictions. Nielsen stated that violations would have a bearing on the annual re- licensing. Borkon expressed concern about attaching that to the licensing approval and said this would be different from protective covenants. Nielsen stated that in some aspects, licensing is easier legally and administratively than protective covenants and that licensing restrictions are applied to other instances. He said violations must be documentable and quantifiable. Borkon expressed concern about the policing of such violations and suggested looking at the status of the violations to the restrictions attached to the approval, if any, every five years. Bean requested clarification of whether there is a full 24 foot right -of -way for the road. Nielsen said it appears to be adequate and noted that the narrowest portion of Enchanted Point is 24 feet according to available information. Bean requested verification of the conditions attached at the time the C.U.P. was approved. Nielsen reviewed the C.U.P and noted that the C.U.P. does not allow construction or use of a building on the site. Bean asked if the ordinance provided for recourse that would lead to revocation of the C.U.P. Nielsen stated that a C.U.P. can be revoked. In response to Bean's question regarding inclusion of a drainage plan, Nielsen stated that a plan submitted earlier did include such a plan and indicated that all plans need to be combined into a final detailed site plan that would include ponding, storm water treatment etc. Bean asked what the City was prepared to deal with in regard to the Indian burial grounds. Rosenberger expressed mixed feelings noting that this is the first time the burial ground issue has arisen despite substantial development in the area that he has a respect for cultures and although no action is required legally, there is a moral obligation to follow through to see its status verified and resolved. The Commission members agreed that because there are approved individuals that can accomplish this 5 PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1992 - PAGE 6 verification, the issue should be resolved. The cost will be approximately $2000. Owen Nelson of the club agreed that the issue should be resolved. Madam expressed concern about the conditions attached to the variance. He supported amending the Code to specifically address yacht and sailing clubs vs. commercial use and noted that enforcement would be easier under an amended Code. In regard to the size of the building, Malam stated if the site size is a certain percent of the required 60,000 square feet, then the building size should reflect a similar percent. This provision could be included in revision of the Code. Malam indicated that the L -R district is perhaps too broad in scope and should be refined to make distinctions between what activities are allowed under commercial and yacht /sailing club. Nielsen stated that Howards Point has had problems with the L -R in attempting to do things they have wanted to do at their site, however the L -R zoning was designed with the various settings in mind. Leslie said there should be more "carte blanc" in the ordinance. Benson commented on the history of the zoning and agreed that there should be two separate distinctions given the number of restrictions that would be attached to this application and an amended ordinance would separate commercial vs yacht /sailing more clearly. Benson stated this would lock down the use and it would not be transferable and preferred to see this accomplished within an ordinance. Nielsen stated that licensing is a major part of the L -R district and that the restrictions imposed on this application are all based on the distinction between a commercial vs. a sailing club. Nielsen stated he was not sure what amending the ordinance would gain over what attaching restrictions to the license does. Borkon asked how amending the ordinance would impact the yacht club. Nielsen responded they would have to wait to see the results of that process. Benson asked for clarification on the parking to slips ratio. Nielsen stated that does not require a variance since that is a requirement the club can comply with even though the club says it can't. He indicated that an amended Code could include allowing a sailing club to have a different ratio of slips to land area. However, Nielsen expressed discomfort in amending the Gede granting a variance for this Leslie agreed that having a separate ordinance for a sailing club is not necessary since the control remains with the City in the annual licensing renewal process. Rosenberger questioned the logistics of addressing a revision to the Code. Nielsen stated a Public Hearing would be held in November and it would go to the Council probably at its first meeting in December. Rosenberger asked for clarification on the tests for getting a variance. Nielsen stated according to the Code, the applicant has to demonstrate that some hardship exists and it prevents them from making reasonable use of their property. The hardship cannot be financial, cannot be something brought upon the applicant by themselves and cannot be something that changes the essential character of the area. t CJ E PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1992 - PAGE 7 Rosenberger asked for clarification of the restriction of 19 slips. Nielsen stated that there is no physical characteristic of the site that prevents them from having 19 slips and that their need for 25 slips is financial, whereas the physical size and shape of the site precludes them from meeting the parking requirement. Nielsen stated that if it is reasonable to allow a lesser slip - to land area ratio because of the sailing club then it would be appropriate to amend the ordinance since the current ordinance addresses all boats not just sail boats. Bean stated that modifying the ordinance relative to different types of activity would eliminate the need for variances. He was inclined to continue the activity if control can be retained to meet their needs and the needs of the City. Nielsen stated that the restrictions being considered as part of the variance do what we want them to do and he wouldn't recommend amending the Code to accommodate the parking set back variance. Nielsen said the variances in this Application are: parking, the number of slips, and lot size. Bean reviewed the restrictions that appear to be attached to this application if approved. Bean expressed concern over the terms of the original C.U.P. noting that the site would be in non - compliance with this application. Borkon indicated she was not sure that it was necessary to amend the ordinance and did not agree with the licensing and it's related policing yet did not want to deny the club its request. Nielsen pointed out that the Club has accepted the restrictions and have been sensitive to the neighbors concerns. He noted also that if the property were sold, the restrictions would remain intact. Borkon stated she disagreed with.the approach of amending the Code. Rosenberger stated that it appears necessary to revise the code and to get the neighbors "on board ". The Commissioners agreed that all issues should be resolved before action is taken on this Application. Rosenberger moved, Malam seconded to recommend to the Council that a public hearing be held to consider an amendment to the City Code that would change the slip to land ratio. Motion passed 4/1. Bean voted nay. Borkon abstained. Bean moved, Leslie seconded to table action on this matter to November 17 pending resolution of the Ordinance. Motion passed 5/0. Borkon abstained. The Commission meeting recessed at 8:40 pm. Chair Benson reconvened the meeting at 8:50 p.m. 2. STUDY SESSION - Zoning Ordinance - Shoreland Management Requirements N PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1992 - PAGE 8 Nielsen explained that the City is required to adopt shoreland management regulations that are consistent with the DNR's shoreland management regulations which are generally designed to preserve shoreland as natural as possible. The cities of Lake Minnetonka combined to develop such regulations for Lake Minnetonka several years ago so they could request flexibility from DNR on some of their requirements. Shorewood was requested several years ago to develop such regulations which in most cases are considerably more restrictive than those of the state. He stated, however, that there are some technical amendments required, some clarification of the Ordinance and some issues that impact development of shoreland property in Shorewood. Nielsen reviewed the areas to be addressed for amendment including: 1) update definitions, 2) bluff /steep slope protection, 3) height requirements, 4) allowable encroachments, 5), clarify shoreland alteration requirements, i.e. grading and tree cutting, and 7) lot coverage requirements - 30% currently, 25% proposed. Nielsen indicated that the proposed changes will apply to all of the lakes in Shorewood so that all regulations will be consistent, with the exception of lot size and set back requirements which are separate for each classification of type of lake. Nielsen reviewed the various lake classifications and the applicable restrictions. which have to do with the character of the lake and the type of development desirable surrounding the particular lake and explained Shorewood's compliance with those restrictions. Nielsen reviewed the regulations, explained the applicability to Shorewood and the necessary revisions proposed to bring the City's Ordinance into compliance with the state and L.M.C.D. regulations. The Commissioners discussed the proposed amendments and agreed with Nielsen's recommendations to bring Shorewood's shoreland management regulations into compliance with the prescribed regulations. Nielsen noted that a proposed Ordinance will be brought to the Planning Commission and a public hearing will be scheduled. The amended ordinance must be adopted by December 10, 1992. - Comp Plan - Transportation - rescheduled to another meeting. 3. MATTERS FROM THE FLOOR - None. 4. REPORTS Stover reported on actions taken by the City Council at it's September 14 meeting including: approved re- zoning of Shady Island from R -1 B to R -1 C; approved C.U.P and variances for John Dolan; approved assessment of delinquent utility bills and City and property clean -up charges; approved a preliminary tax levy; discussed avenues of recourse against the 40% increase in the service charge assessed to Shorewood by R PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1992 - PAGE 9 the Metropolitan Waste Control Commission. It was noted that an Open House is scheduled at the new Public Works building on October 19. 4. ADJOURNMENT Bean moved, Malam seconded to adjourn the meeting at 10:30 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary Northern Counties Secretarial Services Note: Planning Commission corrections to minutes at the subsequent meeting appear as s+�eeuts (deletions) and underline (additions). 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