1995-05-23 AGENDA
CITY OF MOUND
MOUND, MINNESOTA
MOUND CITY COUNCIL - REGULAR MEETING
TUESDAY, MAY 23, 1995
CITY COUNCIL CHAMBERS
1. PLEDGE OF ALLEGIANCE.
e
APPROVE THE MINUTES OF THE MINUTES OF THE
MAY 9, 1995 BOARD OF REVIEW, MAY 9, 1995
REGULAR MEETING AND THE MAY 16, 1995
COMMITTEE OF THE WHOLE MEETING.
INTRODUCTION OF KELLY FINNICUM AND CHRISTINE COOK,
MOUND WESTONKA HIGH SCHOOL STUDENTS RE: EAST
ST. LOUIS, ILLINOIS PROJECT.
CASE//95-15: ROD LARSON AND MYRNA NOYED, 2976
HIGHLAND BLVD., THAT PART OF BLOCKS 1 & 2, MINNESOTA
BAPTIST SUMMER ASSEMBLY, PID//23-117-24-41 0016.
VARIANCE TO ALLOW DETACHED GARAGE
CASE g95-16: HEIDI HOY, 6669 HALSTEAD AVENUE, LOT 15,
HALSTEAD PARK, PID//22-117-24-43 0023.
VARIANCE TO ALLOW REMODELING OF DWELLING
CASE//95-17: DENNIS ZYLLA, 4925 GLEN ELYN ROAD, LOT 22,
BLOCK 24, SHADYWOOD POINT, PID #13-117-24 11 0097.
VARIANCE TO CONSTRUCT NEW DWELLING
CASE//95-18: DAVID & JACQUELYN LARSON, 4660 HAMPTON
ROAD, LOTS 14 & 15, BLOCK 10, PEMBROKE, PID #19-117-23
33 0221.
VARIANCE TO ALLOW PORCH AND DECK ADDITION
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
PG. 1543-1572
PG. 1573
PG. 1574-1604
PG. 1605-1625
PG. 1626-1667
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10.
11.
12.
APPLICATION FOR CONSTRUCTION ON PUBLIC LANDS PERMIT -
/~43575, STEVE SWENSON, 4865 ISLAND VIEW DRIVE
REQUEST TO ALLOW PLANTINGS
PG. 1681-1692
RESOLUTION AMENDING RESOLUTION NO. 95-37, RESOLUTION
ESTABLISHING A TASK FORCE ON THE COMMONS DOCK PROGRAM
TO REDUCE THE NUMBER OF MEMBERS FROM 12 TO 11. PG. 1693-1695
RESOLUTION TO APPOINT MEMBERS TO
THE COMMONS TASK FORCE.
PG. 1696-1697
SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A
CONDITIONAL USE PERMIT TO ALLOW A DRIVE-IN BANKING
FACILITY (RETAILING ESTABLISHMENT) IN THE B-1 CENTRAL
BUSINESS DISTRICT AT 5211 SHORELINE DRIVE, (NEXT TO
HARDEE'S AND IN FRONT OF JUBILEE FOODS)
SUGGESTED DATE: JUNE 13, 1995
PG. 1698
13.
14.
15.
16.
17.
18.
APPROVAL OF TRANSIENT MERCHANT LICENSE, VFW AUXILIARY,
2544 COMMERCE BLVD. RE: PILLOW CLEANING, SATURDAY,
JUNE 3, 1995.
APPROVAL OF PERMITS FOR MOUND CITY DAYS JUNE 16, 17
& 18, 1995 -
CARNIVAL, CONCESSIONS, CRAFT SHOWS, ENTERTAINMENT
FIREWORKS, MERCHANT SALES AND PUBLIC DANCE
APPROVAL OF PERMITS - MOUND FIRE DEPARTMENT FISH FRY
JUNE 10, 1995 -
PUBLIC DANCE PERMIT, SET-UP PERMIT, AND
TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR
RESOLUTION REAFFIRMING AUTHORIZATION OF CITY
SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL
FUNDS.
PAYMENT OF BILLS.
INFORMATION/MISCELLANEOUS
FINANCIAL REPORT FOR APRIL 1995, AS
PREPARED BY GINO BUSINARO, FINANCE DIRECTOR.
B. PLANNING COMMISSION MINUTES, MAY 8, 1995.
C. LMCD MAILINGS (TO BE HANDED OUT TUESDAY)
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1541
Do
REMINDER: MONDAY, MAY 29, 1995, CITY OFFICES
V~-ILL BE CLOSED FOR MEMORIAL DAY OBSERVANCE
Eo
REMINDER; SATURDAY, JUNE 10, 1995, AROUND MOUND
RUN/WALK 8 AM, MOUND BAY PARK.
Fo
REMINDER; SATURDAY, JUNE 10, 1995, MOUND FIRE
DEPARTMENT FISH FRY, 3-8 PM, WITH DANCE BEGINNING
AT 9 PM, MOUND FIRE STATION.
G. REMINDER: MOUND CITY DAYS, JUNE 16-18, 1995.
1542
PERSONS PRESENT AT MEETING,
PLEASE PRINT YOUR NAME & ADDRESS
11.
12.
13.
14.
15.
16.
RESOLUTION NO. 9~ -
RESOLUTION RECOGNIZING THE EFFORTS OF
KELLY FINNICUM AND CHRISTINE COOK
AS ORGANIZERS OF A DRIVE TO COLLECT
SCHOOL SUPPLIES FOR THE SCHOOLS
IN EAST ST. LOUIS, ILLINOIS
WHEREAS, the idea originated in a senior government class at Mound
Westonka High School to assist the schools in East St. Louis, IL., because of classroom supply
hardships; and
WHEREAS, Kelly Finnicum and Christine Cook, two seniors at Mound
Westonka High School, decided to organize a fund drive to collect supplies; and
WHEREAS, the girls enlisted the support of the entire Westonka School District
and Our Lady of the Lake School and area churches; and
WHEREAS, they raised over $800 in cash, including $100 from the National
Honor Society at the school; and
WHEREAS, they also collected several pallets of supplies from various
businesses, 8 pallets of school books from the schools, audio and visual equipment and supplies,
along with supplies donated from the students and staff. Transportation was donated by a
trucking firm to deliver the supplies to the schools in East St. Louis, IL.
NOW THEREFORE BE IT RESOLVED, The City Council of the City of
Mound on May 23, 1995, commends Kelly Finnicum and Christine Cook as the organizers and
the entire Westonka School District for the superb act of fund raising and donating books,
supplies and funds to the schools of East St. Louis, IL.
Mayor Bob Polston
Councilmember Andrea Ahrens
Councilmember Mark Hanus
Councilmember Liz Jensen
Councilmember Phyllis Jessen
RESOLUTION NO. 95 -
RESOLUTION TO AMEND RESOLUTION #95-37 CHANGING
THE COUNT OF THE MEMBERS OF A TASK FORCE
ON THE COMMONS DOCK PROGRAM
WHEREAS, the City Council of the City of Mound established a task force to
deal with concerns on the Commons Dock Program by Resolution No. 95-37; and
WHEREAS, the original membership count was to be five persons abutting dock
holders who have docks other than their own in front of the homes; three abutting dock holders
who have only their docks in front of their homes; and three non-abutting dock holders; and one
citizen at large; totaling twelve members; and
WHEREAS, this resolution is to amend the membership count of resolution ~5-
37 to the following: three five abutting dock holders who have docks other than their own in
front of the homes; three abutting dock holders who have only their docks in front of their
homes; and four three non-abutting dock holders; and one citizen at large; totaling eleven
twelve members;
THEREFORE, BE IT RESOLVED, to amend the above mentioned Resolution
No. 95-37 as stated.
resolution.
Councilmember
moved and Councilmember seconded the following
The foregoing Councilmembers voted in the affirmative:
The foregoing Councilmembers voted in the negative:
Mayor
Attest: City Manager
/e,o 3
March 28, 1995
RESOLUTION 95-37
RESOLUTION ESTABLISHING A TASK FORCE
ON THE COMMONS DOCK PROGRAM
WHEREAS, the City of Mound operates a municipal dock program known as the
Commons Dock Program; and
WHEREAS, there has been concern expressed by City Councilmembers and other
individuals that the existing program requires improvement; and
WHEREAS, the City Councilmembers and individuals have stated that the
existing program causes frustration for those that use and fund the program; and
WHEREAS, they have suggested that a task force be established to look at the
Commons that are applied to the Docks Program to identify the frustrations and irritations that
are being experienced by the users of the program; and
WHEREAS, this task force would have the responsibility of making
recommendations to the City Council for consideration on how the existing Dock Program could
be improved.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Mound, Minnesota that it hereby establishes a task force on the Commons Dock Program which
will be made up of twelve citizens of the City of Mound: Five Three abutting dock holders who
have docks other than their own in front of their homes; three abutting dock holders who have
only their docks in front of their homes; three four non-abutting dock holders; and one citizen
at large; totaling twelve eleven members.
BE IT FURTHER RESOLVED, that the direction of the task force is to review
the level of frustration with the Dock Program and related Commons properties and develop
recommendations on how the program can be improved.
BE IT FURTHER RESOLVED, that the term of the task force will be
approximately six months with the recommendations being submitted to the City Council on or
before December 31, 1995.
BE IT FURTHER RESOLVED, that an article be placed in the legal newspaper
soliciting interest in serving on the task force with interviews to be conducted by the City
Council and subsequent appointments made by the City Council.
97
March 28, 199~5
BE IT FURTHER RESOLVED, that City Staff will attend the task force
meetings to provide and facilitate information, answer questions, take minutes of the meeting,
etc.
The foregoing resolution was moved by Mayor Polston and seconded by
Councilmember Hanus.
The following Councilmembers voted in the affirmative: Hanus and Polston.
The following Coun¢ilmembers voted in the negative: Jensen.
Councilmembers Ahrens and Jessen were absent and excused.
Mayor
Attest: City Clerk
98
RESOLUTION NO. 95 -
RESOLUTION APPOINTING MEMBERS TO THE
COMMONS TASK FORCE
WHEREAS, the City of Mound operates a municipal dock program known as the
Commons Dock Program; and
WHEREAS, there has been concern expressed by City Councilmembers and other
individuals that the existing program requires improvement; and
WHEREAS, the City Council, by resolution//95-37, established a task force on
the Commons Dock Program; and
WHEREAS, the City Council has interviewed applicants for membership on the
Commons Task Force; and
WHEREAS, the City Council has determined that they are ready to make
appointments to that task force.
NOW, THEREFORE BE IT RESOLVED that the City Council of Mound,
Minnesota, appoints the following residents to serve on the Commons Task Force pursuant to
the various categories established:
Three abutting property owners to Commons who have docks other than their
own in front of their property -
Frank Ahrens, 4673 Island View Drive
Bev Botko, 2149 Cardinal Lane
Rodrigo Plaza, 4539 Island View Drive
Type 2.
Three abutting property owners to Commons who have only their docks in front
of their property -
Marilyn Byrnes, 2851 Cambridge Lane
Mark Goldberg, 4853 Island View Drive
Rodney Beystrom, 4466 Denbigh Road
Type 3.
Four non-abutting Commons Dock users -
Dennis Hopkins, 4609 Wilshire Blvd
Jim Funk, 3101 Paisley Road
Gordy Tulberg, 1711 Finch Lane
Royal Moffatt, 5488 Tonkawood Road
Type 4.
One citizen at large -
Rita Pederson, 2865 Halstead Lane
BE IT FURTHER RESOLVED, that the task force will make recommendations
to the City Council on improvements to the Commons Dock Program.
BE IT FURTHER RESOLVED, that the task force will meet for approximately
six months, with their recommendations be submitted to the City Council on or before December
31, 1995.
The foregoing resolution was moved by
, seconded by
The following Councilmember voted in the affirmative:
The following Councilmembers voted in the negative:
Mayor
Attest: City Manager
2
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364-1687
(612) 472-0600
FAX (612) 472-0620
PUBLIC HEARING NOT/CE
CITY OF MOUND
MOUND, MINNESOTA
CASE NO. 95-19
NOTICE OF A PUBLIC HEARING TO CONSIDER
THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW
A DRIVE-IN BANKING FACILITY (RETAILING ESTABLISHMENT)
IN THE B-1 CENTRAL BUSINESS DISTRICT
AT 5211 SHORELINE DRIVE
NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound,
Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on
Tuesday. June 13, 1995 to consider the issuance of a conditional use permit to allow
a Drive-in Banking Facility at 5211 Shoreline Drive (next to Hardee's and in front of
Jubilee Foods). Variances are also being requested for the number of parking spaces
and to allow a second pylon sign.
The legal description of the subject property is summarized as follows: Lots 7
through 20 inclusive, also Lots 26 through 35, Block 1, Shirley Hills Unit 'F'. PID #13-
117-24 34 0072.
All persons appearing at said hearing with reference to the above will be given
the opportunity to be heard at this meeting.
I~ggy~l~s, Planning Secretary
Mailed to property owners within 350' by June 2, 1995, and published in "The Laker" on May 22, 1995.
CITY OF MOUND
5341 MAYWOOD ROAD
MOUN D, MINNESOTA 55364-1687
(612) 472-0600
FAX (612) 472-0620
May 18, 1995
TO:
FROM:
SUBJECT:
CITY COUNCIL
LINDA STRONG, ACTING CITY CLERK
LICENSE FOR VFW - PILLOW FLUFFING
License application for the VFW Auxiliary to do Pillow Fluffing Saturday, June 3, 1995 in their
parking lot. Request for fee to be waived. Approval contingent upon all required forms,
insurance, etc., being Submitted.
ls
printed on recycled paper
CITY OF MOUND
5341 MAYWOOD ROAD
MOUN D, MINNESOTA 55364-1687
(612) 472-0600
FAX (612) 472-0620
May 17, 1995
TO:
FROM:
RE:
CITY COUNCIL
LINDA STRONG, ACTING CITY CLERK
PERMITS FOR MOUND CITY DAYS AND MOUND FIRE DEPARTMENT
MOUND VOLUNTEER FIRE DEPARTMENT
ANNUAL FISH FRY
JUNE 10, 1995
PUBLIC DANCE PERMIT - PLEASE WAIVE THE FEE
SET-UP PERMIT - PLEASE WAIVE THE FEE
TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR PERMIT
THESE WILL BE ISSUED CONTINGENT UPON ALL INSURANCE AND OTHER FORMS
BEING EXECUTED AND TURNED IN.
MOUND CITY DAYS --
JUNE 16, 17 & 18, 1995, REQUESTS THE FOLLOWING
PERMITS ALONG WITH WAIVING THE FEES.
CARNIVAL
CONCESSIONS
CRAFT SHOWS
ENTERTAINMENT
FIREWORKS
MERCHANT SALES
PUBLIC DANCE
THESE WILL BE ISSUED CONTINGENT UPON ALL INSURANCE AND OTHER FORMS
BEING EXECUTED AND TURNED IN.
/709
printed on recycled paper
RESOLUTION NO. 95 -
RESOLUTION REAFFIRMING AUTHORIZING CITY SPONSORSHIP OF STATE
GRANT-IN-AID SNOWMOBILE TRAIL FUNDS
WHEREAS, the City Council of the City of Mound, Minnesota did on February
12, 1991, adopted Resolution No. 91-30 entitled, "Resolution Authorizing City Sponsorship in
State Grant-In-Aid Snowmobile Trail Funds"; and
WHEREAS, the Department of Natural Resources is requesting that the City
again reaffirm its sponsorship of the State grant-in-aid snowmobile trail funds; and
WHEREAS, the Southwest Trails Association have requested the City of Mound
sponsor grant-in-aid snowmobile trails through the Minnesota Trails Assistance Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mound, Minnesota, is willing to act as a sponsoring unit of government in applying to the State
of Minnesota for the grant-in-aid funds for snowmobile trails that will be maintained by the
Southwest Trails Association.
BE IT FURTHER RESOLVED, that the City Manager is authorized to apply
to the Department of Natural Resources for the Minnesota Trail Assistance Program on behalf
of the Southwest Trails Association; and
The Mayor and City Manager are hereby authorized to execute and approve
contractual agreements for this grant.
The foregoing resolution was moved by Councilmember and seconded by
Councilmember
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
Mayor
Attest: City Manager
I?OI
BILLS
-May 23, 1995
BATCH 5052
Total bills
$176,308.71
$176,308.71
CITY OF MOUND
BUDGET REVENUE REPORT
April 1995
33.33%
GENERAL FUND
Taxes
Business Licenses
Non -Business
Licenses and
Permits
Intergovernmental
Charges for
Services
Court Fines
Other Revenue
Charges to Other
Departments
April 1995 Y-rD
BUDGET REVENUE REVENUE
1,254,200 0 0
9,800 882 1,999
66,000 9,526 24,656
888,590 1,378 28,993
47,850 435 2,486
60,000 6,913 20,902
81,900 7,169 7,575
0 908 3,947
PERCENT
VARIANCE RECEIVED
(1,254,200) 0.00%
(7,801) 20.40%
(41,344) 37.36%
(859,597) 3.26%
(45,364) 5.20%
(39,098) 34.84%
(74,325) 9.25%
3,947 N/A
TOTAL REVENUE
2 408 340 27,211
90.558 {2.317,782) 3.76%
FIRE FUND
RECYCLING FUND
LIQUOR FUND
WATER FUND
SEWER FUND
CEMETERY FUND
DOCKS FUND
325,785 34,679
88,320 5,352
1,400,000 104,823
400,000 23,608
730,000 53,471
5,65O 110
70,800 669
130,478 (195,307) 40.05%
20,472 (67,848) 23.18%
381,835 (1,018,165) 27.27%
98,953 (301,047) 24.74%
221,216 (508,784) 30.30%
350 (5,300) 6.19%
72,140 1,340 101.89%
05/09/95
rev95
G.B.
CITY OF MOUND
BUDGET EXPENDITURES REPORT
April 1995
33.33%
April 1995 YTD PERCENT
BUDGET EXPENSE EXPENSE VARIANCE EXPENDED
GENERAL FUND
Council 69,330 3,647 33,585 35,745 48.44%
Pro motions 4,000 0 0 4,000 0.00%
Cable TV 1,380 0 0 1,380 0.00%
City Manager/Clerk 184,000 14,252 57,935 126,065 31.49%
Elections 2,670 24 1,848 822 69.21%
Assessing 51,700 24 1 85 51,515 0.36%
Finance 155,920 13,519 49,064 106,856 31.47%
Computer 24,800 661 8,982 1 5,818 36.22%
Legal 103,520 18,271 32,661 70,859 31.55%
Police 833,350 65,302 263,713 569,637 31.64%
Civil Defense 4,610 349 905 3,705 19.63%
Planning/Inspections 162,280 13,367 43,829 118,451 27.01%
Streets 400,860 32,535 123,534 277,326 30.82%
City Property 101,160 5,489 28,222 72,938 27.90%
Parks 133,530 7,741 33,113 100,417 24.80%
Summer Recreation 28,960 0 0 28,960 0.00%
Contingencies 15,000 0 6,500 8,500 43.33%
Transfers 140,960 10,586 42,347 98,613 30.04%
GENERAL FUND TOTAL 2,418,030 185,767 726 423 1,691T607 30.04%
Area Fire
Service Fund 285,330 20,051 74,679 210,651 26.17%
Recycling Fund 118,590 2,901 35,182 83,408 29.67%
Liquor Fund 197,410 17,981 69,696 127,714 35.31%
Water Fund 371,690 23,190 119,930 251,760 32.27%~
Sewer Fund 1,01 9,480 68,323 378,872 640,608 37.16%
Cemetery Fund 5,840 40 243 5,597 4.16%
Docks Fund 78,700 822 21,750 56,950 27.64%
exp95
O5~O9~95
G.B.
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
MAY 8. 199,5
Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Bill
Voss, Jerry Clapsaddle, Ed Surko, and Becky Glister, City Council Representative Mark Hanus,
Building Official Jori Sutherland and Secretary Peggy James. Commissioner Crum was absent
and excused.
The following people were also in attendance: Rod Larson, Mr. & Mrs. Matt Hoy, Richard
DeGuise, Rosemary DeGuise, Bruce Tuttle, Jeanie Tuttle, Ira J. Crider, Edith V. Crider, Mark
Lawrence, Matthew Orinstien, Thomas Stokes, Dennis Zylla, David and Jacquelyn Larson, and
Brian Johnson.
MINUTES
The Planning Commission Minutes of April 24, 1995 were presented for approval.
MOTION made by Weiland, seconded by Surko, to approve the Planning
Commission Minutes of April 24, 1995 as written. Motion carried unanimously.
CASE #95-15: ROD LARSON AND MYRNA NOYED, 2976 HIGHLAND BLVD., THAT
PART OF BLOCKS I & 2~ MINNESOTA BAPTIST SUMMER ASSEMBLY, PID #23-117-2441
0016. VARIANCE TO ALLOW DETACHED GARAGE.
The Building Official, Jon Sutherland, reviewed the Planning Report. The applicant is seeking
variance approval to recognize an existing second rental dwelling on the street side of the
parcel in order to construct a 30' x 34' conforming garage addition onto the principal dwelling.
The rental dwelling does not meet front yard setback requirements. With the proposed
addition, the entire parcel slightly exceeds impervious cover restrictions. An identical variance
request was reviewed in May of 1994 which was unanimously denied by Resolution #94-79.
It is the intent of the Zoning Ordinance that one of the dwellings will be removed. In applying
the Zoning Code, the City has always pursued a pattern of consistency in order to ensure the
integrity of the Code and to eventually achieve the objectives that are identified therein.
Attempts have always been made to remove multiple, occupied dwellings from lots that are
zoned for only one principal structure.
This case was reviewed extensively in 1994. The proposal was unanimously denied by the
City Council after a unanimous recommendation of denial by the Planning Commission. In the
view of Staff, this action was conclusive and should be repeated again unless the City Council
determines that something has changed. The current application remains unchanged from the
application that was thoroughly reviewed last year.
Resolution #94-79 states: "the applicants agree that it is their intention to eventually do away
with the rental structure but they allege that they cannot afford to do so at the present time
for economic reasons." If the applicants do intend to remove the second dwelling in the
future, it may be possible to approve the required variances at this time contingent on removal
of the rental unit according to an amortization schedule approved by the City Council in
accordance with an agreement prepared by the City Attorney. If this option is found to be
feasible, the City Council would need to determine the appropriate amortization time period
and address the issue of some type of performance guarantee.
Planning Commission Minutes May 8, 1995
Applicant, Rod Larson, addressed the Commission, and stated that he hopes the new City
Council and Mayor are be more conducive to working with the public. He does not feel it is
right for the City to require the rental unit be removed just because he wants to build a
conforming garage addition.
Weiland commented that the rest of the neighborhood does not have two dwellings on one
lot.
Voss questioned if there are any enforcement acts that can be taken because there was no
permit for converting the garage into a dwelling. Mr. Larson informed the Commission that
he has a survey from 1974 which indicates there were two dwellings on the property at that
time. He has also been told that the building was used as a dwelling in the 1930's, and in the
1940's it was used as part of Campus Crusade, a bible college, and it was rented in the 50's.
Mr. Larson handed out a copy of a survey of the Meisel's property on Bartlett Blvd. and stated
that this property is similar as it contains a cabin in addition to the dwelling, and it received
a variance.
Mueller recalled that the cabin on the Meisel's property had the kitchen removed and it was
converted into a workshop, and they did not intend to rent the cabin. He stressed the need
to bring these types of properties into conformance. Mueller compared the second dwelling
on Larson's property which is about 1,000 square feet, where the cabin on Meisel's property
is a minor structure at only 280 square feet on each floor. Mueller asked that the hardcover
calculations be clarified.
Surko questioned the applicant if he was agreeable to the amortization option. Mr. Larson
indicated that it is not a possibility at this point.
MOTION made by Surko, seconded by Clapsaddle to recommend denial of the
variance as requested, Facts of Finding include:
The intent of the Zoning Ordinance is that one of the dwellings
will be removed.
The second dwelling on the parcel is currently used as a rental dwelling.
There is no hardship.
MOTION carried unanimously.
This case is scheduled to be heard by the City Council on May 23, 1995.
2
Planning Commission Minutes
May 8, 1995
CASE #g5-16: HEIDI HOY, 6669 HALSTEAD AVENUE, LOT 15, HALSTEAD PARK,
#ZZ-117-24.43 00z3. VARIANCE TO ALLOW REMODELING TO DWELLING.
The applicant is seeking a variance to allow reconstruction of the roof on the principal
dwelling, expand the front entry with a 4' x 8' covered stoop, and add a
nonconforming 3' x 24.5' deck/platform on the lakeside. The nonconforming issues
of this property include:
Guest Cottage: The guest cottage is a second dwelling unit on the lot
which is currently being rented, and according to the applicant, has been
rented for some time. It is undersized at 371 square feet. It has been
recognized by previous resolutions, and in 1971 its use was allowed to
continue when a variance was issued to allow construction of the
detached garage.
Detached Garage: The garage has a nonconforming side yard setback
of 3.4 feet, and was issued a variance by Resolution #71-136 to be
constructed in its present location. It is in need of maintenance,
however, it is generally in sound condition.
Lakeside Dwelling: The lakeside dwelling is currently setback 28.7 feet
from the lake, a 50 foot setback is required. The applicant's request of
an additional 3 foot deck results in a lakeside setback variance of 18.3
feet. The proposed 4' x 8' covered entry deck on the street side is a
light expansion and is in a conforming location.
City records indicate a Certificate of Occupancy was issued in 1967, staff assumes
it was for this dwelling. Other than the poor design of the roof, and some minor
structural work needed to the floor system, the building is in suitable condition for
restoration. It has a block foundation that is in good condition with a crawl space
under the first floor. There is a small basement utility room (approx. 6' x 12'),
containing the furnace and water heater that is below the floodplain and lowest floor
elevation of 933 for Lake Minnetonka.
The structural roof change would have a minimal impact to the lake. It is unlikely that
the nonconforming setback to the lake would be improved if these changes are not
allowed.
Staff recommended the Planning Commission recommend denial of the request as
proposed, and approval of a modified proposal that would include the following:
1. No expansion of any kind into the existing nonconforming lakeside setback.
The utility room and equipment be relocated, and the floor of this area be raised
to be conforming to the flood protection lowest floor elevation of 933.
3
Planning Commission Minutes
May 8, 1995
The guest cottage (rental unit) be removed according to a reasonable
amortization schedule as approved by the City Council and that an agreement
be prepared by the City Attorney to insure removal.
Weiland commented that the garage looks like it could potentially have living space
on the second floor, and expressed a concern about the condition of the garage.
Matt Hey, representative of the applicant, explained that they intend to fix the
appearance of the garage with new siding and a new roof. Mr. Hey stated that they
don't need a deck along the entire length of the lakeside dwelling and they will settle
for just a stoop. They have no objections to moving the mechanical equipment as
recommended by the Building Official.
The Building Official confirmed that a stoop, not exceeding 32 square feet in size, is
allowed to be within 2 feet of any property line, and therefore a stoop on the lakeside
would be permitted.
Mueller commented on the poor condition of the garage and noted that one wall
shows evidence of a fire, and half of the garage floor has no concrete. He commented
on the trashy appearance of the property and the condition of the buildings, and
stated that he is not in favor of extending the life of any of these structures.
Voss agreed with Mueller and stated that this is a negative proposal which goes
against the zoning code. Glister agreed, and commented that the garage looks like it
is ready to come down.
Heidi Hey commented that it is their intent to upgrade the property, however, the
house has only one bedroom, they would prefer the rental dwelling could remain to
accommodate family visiting from out of town. They are willing to compromise and
would remove the kitchen appliances from the cottage.
The Commission discussed the possibility of disconnecting the sewer and water
services to the cottage. The Building Official commented that if someone wanted a
bathroom or just a sink in a detached garage, they are permitted to do so.
Mark Lords, resident of 6665 Halstead Lane, the neighbor to the east, stated that he
likes the area, he discussed the condition of the subject property and commented that
the garage should be bulldozed. Lords also complained about the driveway which
encroaches onto his property. It was noted there is an easement for the driveway.
Ira Crider, resident of 6675 Halstead Lane, the neighbor to the west, stated that when
he bought his property he demolished the existing cabin and built a new house, and
living next to this property has not been pleasant, there have been junk cars stored
on the property, and he does not want to see this continue.
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Planning Commission Minutes
May 8, 1995
Tho Hoy's stated that they are willing to compromise, they will get rid of the renter
and will clean-up the property. Surko questioned when the renter could be gone. The
Hoy's stated that there is no lease, and the renter has been there for at least eight
years, so they need to allow the renter at least 60 days to vacate. She stated that the
house will be vacant in the winter, and the renter of the cottage maintained the
property.
Voss questioned what would prevent them from renting the cottage again? What type
of enforcement is available? Voss stated that there is no hardship or practical
difficulty to approve the variance.
Hanus reassessed the variances being asked for, and commented that they are only
being asked to recognize nonconforming situations which have been approved in the
past. Hanus confirmed with the Building Official that the garage structure is sound.
Hanus does not see a reason to deny the request based on the approvals of this
property in the past.
Mueller would like to see the cottage amortized for removal, and questioned if the
lakeside dwelling should be allowed to be repaired which could extend the life of the
structure for 20 years, and it has an excessive nonconforming lakeshore setback. He
commented that the garage has never been sided.
The Building Official commented that the Hoy's would be permitted to re-shingle the
roof of the lakeside dwelling without a variance. This could extend the life of that
structure for up to 15 years, and thenit could be reshingled again.
MOTION made by Surko, seconded by Hanus, to recommend approval
of the variance as requested, subject to the following:
An uncovered stoop, not to exceed 32 square feet, be
allowed to be constructed on the lakeside of the principal
dwelling.
The utility room and equipment be relocated, and the floor
of this area be raised to be conforming to the flood
protection lowest floor elevation of 933.
The guest cottage (rental unit) be removed according to a
reasonable amortization schedule as approved by the City
Council and that an agreement be prepared by the City
Attorney to insure removal.
Until the time that the cottage is removed, the kitchen
appliances shall be removed.
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Planning Commission Minutes
May 8, 1995
The renter in the cottage shall vacate the cottage within 60
days of City Council approval of the variance.
Finding of Facts are that the house was issued a Certificate of
Occupancy in 1967, and on May 11, 1971, Resolution #71-136 was
approved by the City Council which allowed the constructed of the
garage "three feet from the west lot line, providing that all existing
buildings except the two dwellings be removed prior to the date of the
permit for the garage, . ."
Mueller contested that there is no address or legal description on the Certificate of
Occupancy.
MOTION failed 2 to 6. Those in favor were Surko and Hanus. Those
opposed were: Clapsaddle, Crum, Weiland, Michael, Voss, Glister, and
Mueller.
This case is scheduled to be heard by the City Council on May 23, 1995.
CASE #95-17: DENNIS ZYLLA, 4925 GLEN ELYN ROAD, LOT 22, BLOCK 24,
SHADYWOOD POINT, PID #13-117-24 11 0097. VARIANCE TO CONSTRUCT NEW
DWELLING.
The Building Official, Jori Sutherland, reviewed the Planning Report. The owners of
the subject site requested a variance from the City of Mound in 1991. At that time,
they were attempting to obtain a variance to declare the lot buildable without any
specific building plan. Because of the lack of specific building proposal, the request
was denied (Resolution #92-27).
The subject property is zoned R-1 which requires a minimum lot size of 10,000 square
feet. This lot has a total area of 5,120 square feet, resulting in a lot area variance
request of 4,880 square feet. The lot has been under the continuous ownership of
the Sharps for over 34 years and it has also been assessed for street and utility
improvements.
Detailed plans for a new home on the subject parcel have been submitted which
comply with all setback requirements and meets impervious cover restrictions.
Therefore, the only aspect of this case requiring variance approval is the lot area issue.
This property is a "Lot of Record" having been established consistent with zoning
provisions that were in place at the time of its platting. It has been assessed for
municipal improvements and has existing utility stubs available. The fact that it does
not comply with current lot area requirements and that it is reasonably impossible to
add land to the lot, constitutes a legitimate hardship. Approval of the lot area variance
is recommended by staff.
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Planning Commission Minutes May 8, 1995
Dennis Zylla, applicant, confirmed that they have a signed purchase agreement with
Tom Stokes for the purchase of this property. Zylla explained that the owners, the
Sharps, are his wife's aunt and uncle.
Applicant, and builder, Tom Stokes, explained to the Commission that the Sharp's
have a right to reasonable use of their property, and reasonable use is a single family
dwelling.
Bill Carrow, adjacent resident, spoke in opposition of the request, for the following
reasons: lot is too small, virtually all the mature trees will need to be cut down, and
the topography is very steep which creates a concern about drainage. Carrow claims
that the Sharp's owned an adjacent lot at one time. Carrow submitted a petition to
the Chair which included signatures of neighbors who were opposed to the
construction of a dwelling on this lot.
Drainage concerns were discussed. The Building Official noted that the drainage will
be reviewed by the City Engineer prior to building permit issuance.
Chair Michael returned the petition to Mr. Carrow and requested that the names be
printed, and their addresses and phone numbers be included.
Clapsaddle confirmed that this lot was platted prior to the zoning requirements for a
10,000 square foot lot.
Jerry Tasa, adjacent land owner, also spoke in opposition to the request. He stated
that when he purchased his lot, he was required to purchase an additional lot in order
to build his house. He noted that the lot to the south is vacant, and they should be
required to purchase this property.
Bruce Tuttle also spoke in opposition to the request and noted that this house will ruin
their view of the lake.
Rosemary DeGuise spoke in opposition of the request, and noted that in 1965 she
talked with a person who she assumed to be Mrs. Sharp, and this person knew it was
undersized. She does not want to see the trees removed.
Mr. Zylla confirmed that the Sharps never owned lots contiguous to this lot.
Voss noted that a variance is warranted due to hardship. Mueller confirmed with the
Building Official that a lot width variance is not required.
MOTION made by Voss, seconded by Mueller, to recommend approval
of the variance as recommended by staff.
Planning Commission Minutes
May 8, 1995
Mueller referred to the bottom of page 54 in the packet which is also page two of the
variance application, and states, "We have a 14" and a 26" maple tree that possible
could be saved if we could have a front yard setback of 20 feet. This is not part of
our formal request because we want to show that we can construct without any
setback variances. However, the buyer, and the neighbors, may prefer to save the
trees." Weiland commented that he would rather see the trees gone and see a
conforming front setback of 30 feet in order to keep in line with the other houses.
MOTION carried 7 to 1. Those in favor were: Clapsaddle, Surko,
Weiland, Crum, Hanus, Glister, and Mueller. Michael was opposed.
This case will be heard by the City Council on May 23, 1995.
CASE #95-18: DAVID & JACQUELYN LARSON, 4660 HAMPTON ROAD, LOTS
14 & 15, BLOCK 10, PEMBROKE, PID #19-117-23 33 0221. VARIANCE TO ALLOW
PORCH AND DECK ADDITION.
Building Official, Jon Sutherland, reported to the Commission that staff recommends
approval of the variance request to recognize the existing nonconforming side yard
setback of 4.9 feet in order to construct a conforming 14' x 18' three season porch
and a deck.
MOTION made by Voss, seconded by Clapsaddle, to approve the
variance request as recommended by staff. Motion carried unanimously.
This case is scheduled to be heard by the City Council on May 23, 1995.
REVIEW REQUEST FOR LEAVE OF ABSENCE FROM LISA CRUM.
The Commission agreed to allow Commissioner Crum her leave of absence.
MOTION made by Weiland, seconded by Clapsaddle, to adjourn the meeting at
10:45 p.m. Motion carried unanimously.
Chair, Geoff Michael
Attest:
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