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1994-09-27 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, SEPTEMBER 27, 1994, 7:30 P.M. CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE SEPTEMBER 14, 1994, REGULAR MEETING. PUBLIC HEARING: TO CONSIDER THE VACATION OF A PORTION OF A OF THE ADJACENT CUL-DE-SAC KNOWN AS BAYWOOD SHORES DRIVE. CASE//94-68: MEYER (MIKE) GOLD, 5395 BAYWOOD SHORES DRIVE, LOTS 15 & 16, BLOCK 6, REPLAT OF HARRISON SHORES. CASE//94-63: RON GAVIN, 5000 ENCHANTED ROAD, LOT 1, BLOCK 21, SHADYWOOD POINT, PID//13-117-24 11 0069. REQUEST: VARIANCE FOR PORCH AND DECK. CASE g94-64: MARK EARHART (CONTRACTOR), 4913 THREE POINTS BLVD., LOT 4, BLOCK 4, SHADYWOOD POINT, PID #13-117-24 11 0009. REQUEST: VARIANCE FOR ADDITION. CASE g94-65: JOHN AUSTIN (CONTRACTOR), 2700 WESTEDGE BLVD., LOT 1, BLOCK 2, BATDORF'S FIRST ADDITION, PID #23-117-24 24 0029. REQUEST: VARIANCE FOR ADDITION. CASE//94-66: RICK HANSON, 2710 WESTEDGE BLVD., PART OF GOV'T. LOT 3, SECTION 23, PID 1/23-117-24 24 0008. PG. 3737-3746 PG. 3747-3759 PG. 3760-3778 PG. 3779-3791 PG. 3792-3804 3734 10. 11. 12. 13. 14. 15. 16. 17. REQUEST: VARIANCE FOR DETACHED GARAGE. PG. 3805-3817 CASE #94-67: TONY HOLMSTROM (CONTRACTOR), 3128 PRIEST LANE, LOT 3, BLOCK 2, HIGHLAND SHORES, PID//23-117-24 34 0077. REQUEST: VARIANCE FOR DECK. PG. 3818-3830 CASE//94-69: WAGNER SPRAY TECH CORP., 5306 SHORELINE DRIVE (BALBOA BUSINESS CENTER), PID #13-1124 34 0096. REQUEST: OPERATIONS PERMIT. PG. 3831-3839 PUBLIC LANDS PERMIT FOR LAND ALTERATIONS (RIPRAP): STEPHEN SWENSON, 4865 ISLAND VIEW DRIVE, LOTS 7 & 8, BLOCK 14, DEVON, DOCK SITE #43575, DEVON COMMONS. PG. 3840-3851 PUBLIC LAND PERMIT TO ALLOW TRIMMING OF VEGETATION ON WIOTA COMMONS ABUTTING 1749 AVOCET LANE, LOTS 15 & 16, BLOCK 9, DREAMWOOD, DOCK SITE #13630 - HOWARD HAGEDORN. PG. 3852-3865 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. SET PUBLIC HEARINGS ON SPECIAL ASSESSMENTS: A. CBD ASSESSMENT B. DELINQUENT UTILITY BILLS C. UNPAID MOWING CHARGES SUGGESTED DATE: OCTOBER 25, 1994. PUBLIC DANCE PERMIT - BENEFIT DANCE FOR STEVE KOKALES (LYNETTE BOSMA) - AT' VFW, OCTOBER 15, 1994, 8:00-12:30. (APPLICANT ASKED THAT FEE BE WAIVED) PG. 3866 REQUEST FROM RICE LAKE CONTRACTING TO EXTEND COMPLETION DATE FOR THE 1994 LIFT STATION IMPROVEMENT TO NOVEMBER 8, 1994. PG. 3867-3868 PAYMENT REQUEST #3, 1994 LIFT STATION IMPROVEMENT, RICE LAKE CONTRACTING - $104,051.60. PG. 3869-3870 PAYMENT OF BILLS. PG. 3871-3880 3735 18. INFORMATION/MI~q CELLANEOUS. A. August 1994 Financial Report as prepared by Gino Businaro, Finance Director. B. Park & Open Space Commission Minutes of September 8, 1994. C. Planning Commission Minutes of September 12, 1994. Minnehaha Creek Watershed District Information Items. PG. 3881-3882 PG. 3883-3887 PG. 3888-3895 PG. 3896-3907 3736 Mound City Council Minutes September 14, 1994 MINUTES - MOUND CITY COUNCIL - SEPTEMBER 14, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, september 14, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Ken Smith. Councilmember Phyllis Jessen was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, Building Official Jon Sutherland, Finance Director Gino Businaro, and de following interested citizens: Sarah & Philip Hofherr, Carl Glister, Rick Jorgensen, Lela & Fernando Mazoleny. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Smith, seconded by Ahrens to approve the Minutes of the August 23, 1994, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 PROCLAMATION DECLARING SEPTEMBER 25 - OCTOBER 2, 1994, AS CITIES WEEK IN THE CITY OF MOUND This item was brought back from the last agenda with a proposed proclamation. Johnson moved and Ahrens seconded the following: PROCLAMATION//94-118 PROCLAMATION DECLARING SEPTEMBER 25 - OCTOBER 2, 1994, AS MINNESOTA CITIES WEEK IN THE CITY OF MOUND The vote was unanimously in favor. Motion carried. 1.2 PUBLIC HEARING: REQUEST TO VACATE A PORTION OF HILLSIDE LANE, CRANE BODINE, 5025 WREN ROAD, LOTS 1, 2, & 3, BLOCK 1, PID #13-117-24 13 00227 AND ROLAND BOETTCHER, 1780 HILLSIDE LANE, PART OF LOTS 5, 6 & 7, BLOCK 2, PID #13-11%24 13 00281 BOTH IN LINDEN HEIGHTS The Building Official explained the request. The Planning Commission and the Park & Open Space Commission recommended denial because the vacation would not be in the public's best interest. Neither of the applicants were present. Mound City Council Minutes September 14, 1994 The Mayor opened the public hearing. Carl Glister, 5008 Wren Road, stated that he and his neighbors are not in favor of this vacation because they like the open space and the access to Crescent Park. The Mayor dosed the public hearing. 1.3 1.4 MOTION made by Smith, seconded by Jensen to deny the request to vacate a portion of Hillside Lane because it is not in the public interest. The vote was unanimously in favor. Motion carried. SET PUBLIC HEARING TO CONSIDER ORDINANCE AMENDMENT, RE: SHORELAND MANAGEMENT MOTION made by Ahrens, seconded by Jensen to set October 11, 1994, for a public hearing to consider an ordinance amendment to Section 350:645 of the Zoning Ordinance which relates to housekeeping items due to recent changes in the Shoreland Management Ordinance. The vote was unanimously in favor. Motion carried. ADD ON ITEM - CASE//94-62: LARRY MELSNESS, 2612 WILSHIRE BLVD., LOT 2, REARRANGEMENT OF BLOCK 7, SHIRLEY HILLS UNIT B, PID//24- 11%24 12 0009, VARIANCE REQUEST The Building Official explained the request. The Planning Commission recommended approval. Smith moved and Johnson seconded the following resolution: RESOLUTION//94-119 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING PORCH ADDITION AT 2612 WILSHIRE BLVD., LOT 2, REARRANGEMENT OF BLOCK 7, SHIRLEY HILLS UNIT B, PID #24-117-24 12 0009, P & Z CASE//94-62 The vote was unanimously in favor. Motion carried. 1.5 REOUEST TO CONSTRUCT A RETAINING WALL AND FENCE ON PUBLIC DRAINAGE & UTILITY EASEMENT BY PHILIP HOFHERR, 4746 ISLAND VIEW DRIVE, LOTS 1 & 2, BLOCK 8, DEVON The Building Official explained that the applicants are seeking approval to install a retaining wall and fence within a city drainage and utility easement. A city water main is located within the Mound City Council Minutes September 14, 1994 easement. Work has started on the retaining wall and fence. This can cause a problem in the future if work has to be done on the utility and the retaining wail or fence are damaged by this work. The Building Official reported that the applicant received a permit in 1989 for retaining wails in an easement on another part of the property. This permit was an administrative decision and was not brought to the City Council for approval. The intent of staff is to change the previously unregulated policy to one of examining each case and not allowing improvements in easements that will at some point interfere with the utility or the maintenance of it. Staff has taken the position that this policy change must take place after this case because the Staff offered an alternative in the form of a Retaining Wall Maintenance Agreement. The applicants had their attorney draft an agreement which would make them responsible for the maintenance/repairs and/or replacements of the retaining wail and fence in the future if the City damaged them when working on its utilities in this easement. The Council expressed concern that this Agreement, even if recorded at the County, may not show up if the house were sold on a Contract for Deed. The City Attorney stated that it has never been a policy of the City to allow property owners to build things in a utility easement. He stated that he and the City Engineer can attest to the fact that anytime a city has to go in and do work on utilities in easements that contain personai property improvements there are problems. The Hofherrs were present and stated that the retaining wall partially built, but construction has stopped because they could not file the Retaining Wall Maintenance Agreement without the Mayor's signature. Had this discussion come up before, they would have never even started construction, but right now they are in the middle. They stated that if the watermain were to break in the future they would move the retaining wail back to the property line. The Hofherrs agree that if there is a utility problem, they will be responsible for repairing or replacing the improvements they have placed on the easement. The Building Official stated that the applicant had called the City and asked if he needed a permit for a retaining wall. He was told that no permit was needed if it is less than 4 feet in height. Staff is now adding that it depends on if there are easements. Mr. Hofherr then came in for a fence permit and that was when it was discovered that the retaining wail and the fence were in an easement. It was then that the previous Maintenance Agreement was discovered. The Staff was trying to accommodate the Hofherrs. In the future ail fence or retaining wail permits are going to be reviewed by the Public Works Superintendent for any easements that may be on the property so this does not happen again. The City Attorney summarized the dilemma. The Staff has told the applicant that now that they have built this retaining wall, the city needs to do something to protect itself from future maintenance or replacement of it. At this point the applicant incurred the cost of an attorney to prepare a maintenance agreement. Sometime after that the staff called the City Attorney and he gave them the same opinion as was given tonight that nothing should be allowed to be built Mound City Council Minutes September 14, 1994 on a utility easement. But the Staff had previously told the applicant differently, so the City Attorney reviewed the Agreement and made some changes and referred it back to Staff for presentation to the City Council for their review and possible approval. The Council expressed concern about future City maintenance of any improvements placed on a utility easement by residents. Johnson moved and Smith seconded the following resolution: RESOLUTION//94-120 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A RETAINING WALL MAINTENANCE AGREEMENT WITH PHILIP & SARAH HOFHERR, DATED AUGUST 12, 1994, LOTS 1 AND 2, BLOCK 8, DEVON, HENNEPIN COUNTY, MINNESOTA AND THAT PART OF ADJACENT, VACATED OXFORD LANE ACCRUING THERETO. The City Attorney suggested a further proviso be as follows: "That the City Staff is directed to take any and all means necessary to keep improvements from being constructed on city right-of-way." The Council agreed. The vote was unanimously in favor. Motion carded. 1.6 REOUEST TO CONSTRUCT A RETAINING WALL ON PUBLIC DRAINAGE & UTILITY EASEMENT BY FERNANDO MAZOLENY, 4758 ISLAND VIEW DRIVE, LOTS 3, 4, & 5, BLOCK 8, DEVON The Building Official explained that before he and the Utility Superintendent could get through the previous item on the Agenda, the neighbor requested a rock retaining wall in the easement. There is a public sewer line located within the easement. The walls are less than 4 feet in height. The applicant has been notified that Staff is not recommending approval. The area can be graded to a slope to match the adjacent property and condition. It may be difficult to mow, but it is possible. Staff recommends that if this is approved a maintenance agreement be entered into with the applicant as was done in the previous case. Mr. Mazoleny was present and stated that these are not really retaining walls, they are basically piles of fieldstone to stop erosion. The Council discussed the following: Where the sewer is located and the fact that if the sewer needed maintenance, the rock could be set aside, but the entire easement would probably need to be used. Mound City Council Minutes September 14, 1994 2. The fact that the erosion needs to be addressed. J This is an unusual parcel because of topography, with no place to park a vehicle except where there is a cut into the hill over the easement and no on street parking. MOTION made by Smith, seconded by Ahrens to deny the request to construct retaining walls on a public easement at 4758 Island View Drive, but authorizes the property owners to take steps to prevent erosion on the property. The vote was unanimously in favor. Motion carried. 1.7 PRESENTATION OF PROPOSED 1995 BUDGET The City Manager presented the proposed 1995 Budget, the preliminary levy and the suggested dates for the public hearings. The suggested dates are Tuesday, November 29, 1994, and Tuesday, December 6, 1994. Jensen moved and Smith seconded the following resolution: RESOLUTION g~94--121 RESOLUTION APPROVING THE 1995 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $2,408,340; SETTING THE PRELIMINARY LEVY AT $1,808,130; LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $499,460, RESULTING IN A PRELIMINARY CERTIFIED LEVY OF $1,308,670; APPROVING THE PRELIMINARY OVERALL BUDGET FOR 1995; AND SETTING PUBLIC HEARING DATES The vote was unanimously in favor. Motion carried. 1.8 RESOLUTION CANCELLING THE LEVY OF THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $4,075.00 Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-122 The vote was unanimously in favor. RESOLUTION CANCELLING THE LEVY OF THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $4,075.00 Motion carried. Mound City Council Minutes September 14, 1994 1.9 HRA LEVY Smith moved and Jensen seconded the following resolution: RESOLUTION//94-123 RESOLUTION APPROVING A LEVY NOT TO EXCEED $24,000 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATIONS, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING & REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND FOR THE YEAR 1995 The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.10 BID AWARD: PUBLIC WORKS STORAGE AREA - CITY OF MINNETRISTA/CITY OF MOUND JOINT PROJECT FOR CONSTRUCTION OF SITE AND ACCESS ROAD RECONSTRUCTION The City Engineer reported that on September 8, four bids were received for the Site Grading and Access Road Reconstruction of the new Material Storage are in Minnetrista. They were as follows: 1. Aero Asphalt, Inc. $147,620.00 2. Busse Construction, Inc. $155,811.00 3. Imperial Developers, Inc. $140,167.00 4. Stenger Excavating $157,047.50 The low bidder was Imperial Developers of Bloomington with a total bid of $140,167.00. The Engineer's Estimate was $135,420.00. This project was previously bid on July 29th and the low bid then was $166,689.50. The City Engineer reported that they have checked Imperial's references and have found them to be a reputable contractor. Therefore, the recommendation is to accept Imperial Developer's bid at $140,167.00. Smith moved and Ahrens seconded the following resolution: Mound City Council Minutes RESOLUTION//94-124 September 14, 1994 RESOLUTION TO AWARD FOR THE SITE GRADING AND ACCESS ROAD RECONSTRUCTION OF THE NEW MATERIAL STORAGE SITE IN MINNETRISTA TO IMPERIAL DEVELOPERS, INC. IN THE AMOUNT OF $140,167.00 The vote was unanimously in favor. Motion carried. 1.11 REAPPOIN~NT OF TOM REESE TO THE LMCD BOARD OF DIRECTORS The City Manager stated the Mr. Reese's 3 year term on the LMCD expires October 26, 1994. He has indicated his willingness to serve another term if the Council desires. Jensen moved and Johnson seconded the following resolution: RESOLUTION//94-125 RESOLUTION TO REAPPOINT TOM REESE AS MOUND REPRESENTATIVE TO THE LMCD FOR A THREE YEAR TERM BEGINNING OCTOBER 26, 1994 The vote was unanimously in favor. Motion carried. 1.12 PELICAN POINT - EAW & EIS Smith moved and Jensen seconded the following resolution: RESOLUTION//94-126 RESOLUTION DETERMINING THAT BASED ON PUBLIC COMMENT TO THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW), AN ENVIRONMENTAL IMPACT STATEMENT (EIS) IS NOT WARRANTED AND NO FURTHER STUDY IS REQUIRED FOR THE PELICAN POINT MULTI- FAMILY RESIDENTIAL DEVELOPMENT The vote was unanimously in favor. Motion carried. 1.13 SET PUBLIC HEARING TO CONSIDER VACATION OF A PORTION OF THE STREET KNOWN AS BAYWOOD SHORES DRIVE MOTION made by Jensen, seconded by Smith to set September 27, 1994, for a Public Hearing to consider the vacation of a portion of the street known as Baywood Shores Drive. The vote was unanimously in favor. Motion carried. Mound City Council Minutes September 14, 1994 1.14 APPROVAL OF PAYMENT REQUEST #3, WATER METER READ SYSTEM, SCHLUMBERGER, IN THE AMOUNT OF $64,781.45 The City Manager reported that the City Engineer has recommended approval. MOTION made by Smith, seconded by Jensen to approve payment request//3 to Schl,lmberger Industries, for work completed through August 13, 1994, on the water meter read system, in the amount of $64,781.45. The vote was unanimously in favor. Motion carried. 1.15 APPROVAL OF FINAL PAYME~ REQUEST, PAINTING OF EVERGREEN WATER TOWER, ODLAND PROTECTIVE COATINGS, IN THE AMOUNT OF $6.102.50 The City Manager reported that the City Engineer has recommended approval. MOTION made by Smith, seconded by Jensen to approve the final payment from Odland Protective Coatings, for the painting of the Evergreen Water Tower, in the amount of $6,102.50. The vote was unanimously in favor. Motion carried. 1.16 PAYMENT OF BILLS MOTION made by Jensen, seconded by Smith to authorize the payment of bills as presented on the pre-list in the amount of $614,430.48, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.17 ADD-ON - COUNTY ROAD 15 The City Manager explained that Hennepin County has been working with Orono, Spring Park and Mound trying to deal with the traffic problems that occur during rush hour on County Road 15, between County Road 19 and County Road 110. He stated that the County is trying to alleviate the problem in Spring Park by restriping the entire strip of County Road 15 from 19 to 110 and making 4 lanes (2 lanes each direction), except for the area in Spring Park from Interlachen to the Seton Bridge which would remain the same, 1 lane each way with a middle turn lane. The Council discussed the possible bottle neck problem where the road, going east, would narrow at the Seton Bridge to the three two lanes (one each way and the center turn lane) entering Spring Park. The Council discussed having County Road 15 in Mound striped for 3 lanes (one each way and a center turn lane). They asked the City Manager to check into this with the County. Mound City Council Minutes September 14, 1994 INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for August 1994. B. LMCD Representative's Monthly Report for August 1994. C. LMCD Mailings. De Letter from Tim Beck, r, owner of property on Three Points Blvd. to Representative Steve Smith in response to Smith's letter. E. Planning Commission Minutes of August 22, 1994. Committee of the Whole Meeting, Tuesday, September 20, 19947 (NOTE: Councilmember Jessen and City Manager will be absent). Do you still want to hold the meeting? There would be two members absent, Jessen and Ahrens. Therefore, the September COW Meeting was cancelled. Ge NOTICE of Met. Council Regional Breakfast Meetings. Please let Fran know if you wish to attend and which session. 1.18 EXECUTIVE SESSION REGARDING PENDING LITIGATION The Council went into Executive Session at 9:35 P.M. to discuss pending litigation. The Council returned from Executive Session at 10:10 P.M. The City Attorney reported that the Council discussed the following items in Executive Session: A lawsuit - Dakota Rail vs. City of Mound. The Court of Appeals rendered a decision that was adverse to the City and Mr. Allen Barnard, the Attorney from Best & Flanagan representing the City, is recommending that they be authorized to pursue a Petition for Review by the Minnesota Supreme Court. The Council was advised on questions relating to this petition. They are hopeful that this can be done with a minimal amount of expense because most of the research has been done. MOTION made by Smith, seconded by Johnson authorizing the firm of Best and Flanagan to pursue a Petition for Review in the Minnesota Supreme Court in the case of Dakota Rail vs. City of Mound. The vote was unanimously in favor. Motion carried. 2. An update was given in the case of Flack vs. City of Mound. Mound City Council Minutes September 14, 1994 Also discussed were some of the problems and concerns relating to the Piper Institutional Government Fund. MOTION mode by Smith, seconded by Ahrens to adjourn at 9:45 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shulde, Jr., City Manager Attest: City Clerk 3?% PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE THE VACATION OF A PORTION OF A CUL-DE-SAC KNOWN AS BAYWOOD SHORES DRIVE REPLAT OF HARRISON SHORES, BLOCK 6, LOTS 15 & 16, AND BLOCK 5, LOTS 1 THROUGH 7 WHEREAS, the applicant, Meyer Gold of 5395 Baywood Shores Drive, has requested that 10 feet of the Baywood Shores Drive cul-de-sac be vacated, and; WHEREAS, Minnesota Statutes, Section 412.851 provides that the City Council may, by resolution, vacate any street, alley, public grounds, or public way, or any park thereof, when it appears in the interest of the public to do so, and; WHEREAS, a public hearing was held by the City Council on September 27, 1994, as required by law, and; WHEREAS, approval of this request will add vacated property to the neighboring parcels who are not part of this request, and; WHEREAS, the existing radius of the cul-de-sac is 60 feet which exceeds the City's standards by 10 feet, and the request is to vacate 10 feet. The additional 10 feet would not be required for future street improvements and is not presently used for street purposes, and; WHEREAS, present platting regulations require 10 foot wide drainage and utility easements adjacent to all street right-of-ways, and; WHEREAS, Minnegasco has requested an easement be maintained as there is a gas line in a portion of the right-of-way to be vacated, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval of the vacation subject to the City retaining a drainage and utility easement over the vacated portion of the street. The Planning Commission also requested clarification from the City Attorney regarding implications that may be placed on the owners of the other properties abutting the subject vacated portion of the street (i.e. costs for updating legal descriptions for each parcel, potential title problems). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: Proposed Resolution Meyer Vacation Page 2 The City does hereby approve the request to vacate a portion of the~cul-c i-sac of Baywood Shores Drive, legally described as follows: I\ That part of the 60 foot radius circle for Baywood Shores Drive as shown and dedicated in the plat of Replat of Harrison Shores which lies outside the circumference of a 50 foot radius circle having the same center as said 60 foot circle, except that portion of said circle lying easterly of the easterly line of the 50 foot radius circle, and lying between the westerly extensions of the ~'~~50 foot right of way for Baywood Shores Driver A drainage ancl utility easement shall be retained over the vacated portion of the cul-de-sac. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings. It is the responsibility of the owner to record this certified resolution in the office of the County Recorder and/or the Registrar of Titles, as set for in M.S.A. 412.851. PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE THE VACATION OF A PORTION OF A CUL-DE-SAC KNOWN AS BAYWOOD SHORES DRIVE REPLAT OF HARRISON SHORES, BLOCK 6, LOTS 15 & 16, AND BLOCK 5, LOTS 1 THROUGH 7 WHEREAS, the applicant, Meyer Gold of 5395 Baywood Shores Drive, has requested that 10 feet of the Baywood Shores Drive cul-de-sac be vacated, and; WHEREAS, Minnesota Statutes, Section 412.851 provides that the City Council may, by resolution, vacate any street, alley, public grounds, or public way, or any park thereof, when it appears in the interest of the public to do so, and; WHEREAS, a public hearing was held by the City Council on September 27, 1994, as required by law, and; WHEREAS, approval of this request will add vacated property to the neighboring parcels who are not part of this request, and; WHEREAS, the existing radius of the cul-de-sac is 60 feet which exceeds the City's standards by 10 feet, and the request is to vacate 10 feet. The additional 10 feet would not be required for future street improvements and is not presently used for street purposes, and; WHEREAS, present platting regulations require 10 foot wide drainage and utility easements adjacent to all street right-of-ways, and; WHEREAS, Minnegasco has requested an easement be maintained as there is a gas line in a portion of the right-of-way to be vacated, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval of the vacation subject to the City retaining a drainage and utility easement over the vacated portion of the street. The Planning Commission also requested clarification from the City Attorney regarding implications that may be placed on the owners of the other properties abutting the subject vacated portion of the street (i.e. costs for updating legal descriptions for each parcel, potential title problems). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: Proposed Resolution Meyer Vacation Page 2 The City does hereby approve the request to vacate a portion of the/[cul-de-sac Baywood Shores Drive, legally described as follows: That part of the 60 foot radius circle for Baywood Shores Drive as shown and dedicated in the plat of Replat of Harrison Shores which lies outside the circumference of a 50 foot radius circle having the same center as said 60 foot circle, except that portion of said circle lying easterly of the easterly line of the 50 foot radius circle, and lying between the westerly extensions of the 50,foot right of way for Baywood Shores Drive,) drainage and utj~y easement stf~4~~.~d over the vaeet~el portion of the A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings. It is the responsibility of the owner to record this certified resolution in the office of the County Recorder and/or the Registrar of Titles, as set for in M.S.A. 412.851. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NO TICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 94-68 NOTICE OF A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF A STREET KNOWN AS BAYWOOD SHORES 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, September 27, 1994 to consider a request to vacate a portion of Baywood Shores Drive (10 feet of the outer edge of the cul-de-sac), legally described as follows: That part of the 60 foot radius circle for Baywood Shores Drive as shown and dedicated in the plat of Replat of Harrison Shores which lies outside the circumference of a 50 foot radius circle having the same center as said 60 foot circle, except that portion of said circle lying easterly of the easterly line of the 50 foot radius circle, and lying between the westerly extensions of the 50 foot right of way for Baywood Shores Drive. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene C. Clark, City Clerk Mailed to property owners within 350' by September 13, 1994. Posted by September 13, 1994. Published in "The Laker' on September 12, 1994 end September 19, 1994 (pre-published). pr~nted on recycled paper MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 1 2, 1 994 CASE #94-68: MEYER (MIKE) GOLD, 5395 BAYWOOD SHORES DRIVE, LOTS 15 & 16, BLOCK 6, REPLAT OF HARRISON SHORES. REQUEST TO VACATE A PORTION OF THE ADJACENT CUL-DE-SAC. PUBLIC HEARING. Building Official, Jon Sutherland, reviewed the staff report. The applicant is requesting a vacation of a portion of the cul-de-sac on Baywood Shores Drive. The existing radius of the cul-de-sac is 80 feet wide which exceeds the City's standards by 20 feet, and the request is to vacate 10 feet. The additional 10 feet would not be required for future street improvements and is not presently used for street purposes. Responses received from the utility companies and City departments have been positive. Minnegasco, however, has requested an easement be maintained as there is a gas line in a portion of the right-of-way to be vacated. Staff recommended the Planning Commission recommend approval to vacate the 10 foot portion of the cul-de-sac known as Baywood Shores Drive, according to the City Engineer's memorandum dated September 7, 1994. Approval of this request will add vacated property to the neighboring parcels who are not part of this request. The City Engineer recommended that the City retain a drainage and utility easement over the 10 feet proposed to be vacated. The present platting regulations require 10 foot wide drainage and utility easements adjacent to all street right-of-ways. Sutherland confirmed for the Commission that the balance of the lots on this cul-de-sac will not become buildable by gaining 10 feet. Mueller expressed a concern about the process and costs involved for the owners of the other lots in the cul-de-sac in order to attached this vacated portion to their property. He questioned if separate legal descriptions need to be drafted and recorded for each parcel, and who would do this. Chair Michael opened the public hearing. Greg Davey and Jeff Skelton, both owners of lots on the cul-de-sac, spoke in favor of the vacation. Chair Michael closed the public hearing. MOTION made by Clapsaddle, seconded by Voss, to recommend approval of the street vacation, as requested, with the exception that a drainage and utility easement be retained over the portion being vacated. Also, clarification from the City Attorney is requested regarding implications that may be placed on the owners of the other properties abutting the subject vacated portion of the street (i.e. costs for updating legal descriptions for each parcel, potential title problems). MOTION CARRIED UNANIMOUSLY. This request will be heard by the City Council on September 27, 1994. CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: Planning Commission Agenda of September 12, 1994 TO: Planning Commission, Applicant and Staff FROM: Jon Sutherland, Building Official ~. SUBJECT: Street Vacation Request APPLICANT: Meyer (Mike) Gold of 5395 Baywood Shores Drive CASE NO. 94-68 LOCATION: Baywood Shores Drive cul-de-sac ZONING: R-1 Single Family Residential BACKGROUND The applicant is requesting a vacation of a portion of the cul-de-sac on Baywood Shores Drive as indicated on the public hearing notice. The current radius of the cul-de-sac exceeds the City's standards by 10 feet. Responses received to-date from the utility companies and City departments as listed on the Memorandum dated September 1, 1994, have been positive. RECOMMENDATION Staff recommends the Planning Commission recommend approval to vacate the 10 foot portion of the cul-de-sac known as Baywood Shores Drive, according to the City Engineer's memorandum dated September 7, 1994. Approval of this request will add vacated property to the neighboring parcels who are not part of this request. JS:pj The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on September 27, 1994. . McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 61 2/476-8532 FAX Engineers Planners Surveyors MEMORANDUM TO: Jon Sutherland, Building Official FROM: John Cameron, City Engineer DATE: September 7, 1994 SUBJECT: Street Vacation - Portion of Baywood Shores Drive CDS Case #94-68 MFRA #10832 As requested, we have reviewed above mentioned street vacation request and are recommending approval for the following reasons: 1. The City's Subdivisions Code only requires a 50' radius for cul-de-sacs. 2. The additional 10' is not presently used for street purposes. e The additional 10' would not be required for future street improvements. We would recommend that the City retain a drainage and utility easement over the 10' proposed to be vacated. The present platting regulations require 10 foot wide drainage and utility easements adjacent to all street right-of-ways. An Equal Opportunity Employer SEP elgg September 8, 1994 Peggy James Planning & Inspections 5431 Maywood Road Mound, MN. 55364-1687 RE: Street Vacation of Baywood Shores Drive Case #94-68 Dear Ms. James: With reference to the proposed street vacation mentioned above, Minnegasco does have an existing natural gas main in that portion of Baywood Shores Drive proposed to be vacated. Since this gas main is currently serving customers in this area, we must object to this proposed vacation unless suitable easement rights are reserved to Minnegasco, pursuant to MSA 160.29. Please reserve an easement to Minnegasco, created by and within the document establishing the street vacation and filed with the Hennepin County recorders office, over all of the area of the proposed street vacation. We may consider removing our objection should the petitioner wish to reimburse Minnegasco the cost of relocating the existing gas main. To discuss this and any other options that may be available please have the petitioner contact Rick Pilon, Senior Administration Engineer, at 342-5426. Thank you for the advance notice and please send me a copy of the "final action" of this proposal. Sincerely, Steven Von Bargen Real Estate Specialist Minnegas co cc: R. J. Pilon, Minnegasco Ron Humbert, Minnegasco 700 West Linden Avenue P.O. Box 1165 Minneapolis, MN 55440-1165 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Memorandum DATE: TO: FROM: SUBJECT: September 1, 1994 Minnegasco Northern States Power Co. GTE Fire Department Public Works Police Department City Engineer Parks Department ~ Peggy James, Planning & Inspections Secretar REQUEST BY M. GOLD TO VACATE A PORTION OF THE CUL-DE-SAC KNOWN AS BAYWOOD SHORES DRIVE, CASE//94-68 The City of Mound has received a request from Mike Gold, owner of 5395 Baywood Shores Drive, to vacate 10 feet of the cul-de-sac as described on the attached public hearing notice. Do you for see a need for this portion of the street? Are there any utilities involved7 What is your recommendation? Please submit your comments or concerns, in writing, at your earliest convenience. This request will be heard by the Planning Commission on September 12, 1994, and has been pre-published to be heard by the City Council on September 27, 1994. If you have any questions, you may call me directly at 472-0607. Thank you for your time in reviewing this matter. pJ Enclosure CC: Jori Sutherland, Building Official Mark Koegler, City Planner . {~ printed on recycled paper 4?3-443§ OOFFIN & GRONBERG PAGE 02 47~-4141 Street V~cation Description for Michael Gold in Smaber Blv&, REPLAT OF HARRISION SHORES Hmnepin County, M_im~om August 31, 1994 p,~LRT OF ~TR~IT TO ]~E VACATED That pitt of the 60 foot ~ circle for SMABER BLVD. as shown and ~ in the plat of REPLAT OF HARRISON SHORF. S which lies oulside the circumference of a 50 foot radius circle having the same center as said 60 foot circle, EXCEPT that portion of said circle lying eas~rly of the e~terly line of the 50 foot radius cia:lc, and lying betw~ the wesln~ extensions of the 50 foot right of way for SMABER BLVD. PART TO BE ADD~T~ TO 1VIR.. GOT.T3S PROPERTY That part of the 60 foot nKliU~ circle for SMABER BLVD. as shown add dedicated in the plat of REPLAT OF HARRISON SHORES which lies out~ide the circumference of a 50 foot radius circle having thc same center ns said 60 foot circle, and which lies southeasterly of the northeasterly extension of the northerly line of Lot 16, Block 6, REPLAT OF HARRISION SHORES, which adjoins Lot 1, Block $ of ~ plat, and which lies southerly of a line drawn westerly along the extension of the south line of the 50 foot right of way for SMABER BLVD. for a distance of 30 feet from the most northerly comer of Lot 15, said Block 6. APPI I ATION TO V/{ E 'j :TY OF MOUND ~341 Ma~ood Road ~~ Mound, ~ 55364 Case No. 472-0600, fax= 472-0620 Application Fee: $150 _ Applicant's Name Applicant's Address LEGAL DESCRIPTION OF APPLICANT'S ABUTTING PROPERTY= Lot(s) Addition "- '- - ~ '" ' Description of Street or Easement to be Vacated: FID No. Block '~---~ Reason for Request or Interest in Property= there a public need for the right-of-way to be retained for a public purpose? / , --' I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Bound for the purpose of inspecting, or of posting, maintaining and removing such no~ices as may be required by law. FOR OFFICE USE ONLY Recommendations from Utilities: NSF Minnegasco GTE Recommendations from City Depts. = Public Works Fire Chief Engineer__ Police Chief Other I ? GENER. AL ZONING INFOI~J~L~TION SHEET Survey on file? yes/~ Required Lot Width: Existing Lot Width SETBACKS REQUIRED= PRINCZP~ BUILDING FRONT: $ E FRONT ~ N S E W SIDE, NS E# SIDE: NSEW (frontage on an Lmptoved publ£c street) , Depth FRONT FRONT SIDE: SIDE: REAR: L~E SHOItE ACCESSORY RUILDING 4' 9~ 4' 4' 9r ~' 4' ~0' ~measured from O.H.W.I EXISTING ~LND/OR PROPOSED SETBACKS: PRINCIPAL BUILDING FRONT: N S it.W FRONT: N S E W SIDE: N $ E W SIDE: N S E W REAR: N S E W LAKESHORE: FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W ~AR: N S E W IS T~I~ERTY CONFOi~4ING? YES PARI ~ LOI ~ (2~0) ~- " ~u.~ ilnr~cc ACCESSORY BUILDING / NO ?~. WILL THE PRQ~OSED IMPRO~M~NTS CONFORM? YES NO . . ,_ (~-245) I (7O / 4 (69) ;S ,(~0), MARRISON SHORES. SEE RFCORD!PLA~. JLm. O -< O O C~ iT O PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A SETBACK VARIANCE TO HERON LANE TO CONSTRUCT A PORCH AND DECK AT 5000 ENCHANTED ROAD, LOT 1, BLOCK 21, SHADYWOOD POINT, PID 813-117-24 11 0069 P&Z CASE #94-63 3.1 WHEREAS, the owner, Ron Gavin, has applied for a variance to recognize an existing nonconforming setback of~'feet to Heron Lane, the required setback is 10 feet resulting in a ~3t~foot variance, and to recognize an existing nonconforming shed to construct a porch and deck. The deck is proposed to follow the 'line of the house and follow the nonconforming 6.5 foot setback, and the porch will conform to setbacks, and; WHEREAS, this property is located in the R-lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet to Enchanted Road, a front yard setback of 10 feet to Heron Lane, a 6 foot side yard setback and a 50 foot setback to the ordinary high water, and; WHEREAS, the impervious surface coverage on this site is more than 30 percent, but less than the 40 percent with conditions allowable by our recent ordinance change. Due to this site's topography all stormwater is effectively managed by the 51 feet of green space between the structure and the lake, and; WHEREAS, the nonconforming storage shed was constructed without the proper permits. The shed does exceed 120 square feet and therefore a permit is required, and; WHEREAS, the applicant has stated that he is willing to obtain a permit for the shed and relocate it to a conforming locations, and; WHEREAS, there is a deck/dock on the shoreline that encroaches into the adjacent unimproved Heron Lane, and this encroachment should be removed. Also, the deck/dock does not conform to the Zoning Ordinance or Shoreland Management Ordinance, and the applicant has stated that he will correct this situation, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval of the variance to allow construction of a deck and porch as requested, subject to conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby grant a variance to recognize the nonconforming front yard setback of ~r~'feet from Heron Lane resulting in a variance of ~ feet, to allow construction of a porch and a deck, subject to the following conditions: A building permit be obtained for the shed, and the shed be relocated to a conforming locations. Proposed Resolution 94-63, Gavin Page 2 The deck/dock encroachment into Heron Lane be removed, and the balance of it be relocated into a conforming location. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a 16' x 20' three season porch, and 12' x 12' deck. This variance is granted for the following legally described property: Lot 1, Block 21, Shadywood Point. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. CNT ENCHANTED MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 12, 1994 CASE #94-63: RON GAVIN, 5000 ENCHANTED ROAD, LOT 1, BLOCK 21, ~HADYWOOD POINT, PID #13-117-24 11 0069. VARIANCE FOR PORCH AND DECK. Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R- lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet to Enchanted Road, a front yard setback of 10 feet to Heron Lane, a 6 foot side yard setback and a 50 foot setback to the ordinary high water. The applicant is seeking a variance to recognize the existing nonconforming setbacks as listed below in order to construct a porch and deck. A portion of the new deck is nonconforming to the required 10 foot setback to the unimproved Heron Lane. The porch is conforming to setbacks. Existing/ Required Proposed Variance House (Heron) 10' 6.5' 3.5' Deck (Heron) 10' 6.5' 3.5' Shed (Enchanted) 20' 18.2' 1.8' The impervious surface coverage on this site is more than 30 percent, but less than the 40 percent with conditions allowable by our recent ordinance change. Due to this site's topography all stormwater is effectively managed by the 51 feet of green space between structure and the lake. In October of 1993 a variance for a garage was denied by Resolution #90-938. It appears the storage shed has since been constructed in its nonconforming location. Staff recommended approval of the variance request to allow construction of the deck and porch, as proposed, subject to proper permits being obtained for the shed and it be relocated to conforming setbacks. The applicant stated that the shed was constructed in 1991 or 1992. The Commission noted that the shed, if less than 120 square feet, would not require a permit, but must still meet setbacks, and this shed exceeds the 120 square foot maximum when the roof overhang is included in the calculation. The applicant is willing to comply to this condition. The Commission noted that the deck, or dock, at the shoreline encroaches into the platted Heron Lane, and that this encroachment should be removed. The Building Official commented that landings, not exceeding 32 square feet, are allowed within 50 feet of the lake, and water oriented structures are also permitted but must be setbacks. MOTION made by Mueller, seconded by Clapsaddle, to recommend approval of the variance to allow construction of a deck and porch as requested, subject to the following conditions: A building permit be obtained for the shed, and the shed be relocated to a conforming locations. The deck/dock encroachment into Heron Lane be removed, and the balance of it be relocated into a conforming location. MOTION CARRIED UNANIMOUSLY. This case will be heard by the City Council on September 27, 1994. CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: Planning Commission Agenda of September 12, 1994 TO: Planning Commission, Applicant and Staff FROM: Jon Sutherland, Building Official SUBJECT: Variance Request APPLICANT: Roland (Ron) Gavin CASE NO. 94-63 LOCATION: 5000 Enchanted Road, Lot 1, Block 21, Shadywood Point, PID #13-117-2411 0069 ZONING: R-lA Single Family Residential BACKGROUND This property is located in the R-lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet to Enchanted Road, a front yard setback of 10 feet to Heron Lane, a 6 foot side yard setback and a 50 foot setback to the ordinary high water. The applicant is seeking a variance to recognize the existing nonconforming setbacks as listed below in order to construct a porch and deck. A portion of the new deck is nonconforming to the required 10 foot setback to the unimproved Heron Lane. The porch is conforming to setbacks. Existing/ Reouired Proposed Variance House (Heron) 10' Deck (Heron) 1 O' Shed (Enchanted) 20' 8.8' 1.2' 6.5' 3.5' 18.2' 1.8' 1 printed on recycled paper Staff Report Gavin - #94-63 Page 2 The impervious surface coverage on this site is more than 30 percent, but less than the 40 percent with conditions allowable by our recent ordinance change. Due to this site's topography all stormwater is effectively managed by the 51 feet of green space between structure and the lake. In October of 1993 a variance for a garage was denied by Resolution #90-938. It appears the storage shed has since been constructed in its nonconforming location. RECOMMENDATION Staff recommends the Planning Commission recommend denial of the request as submitted due to lack of hardship. Staff would suggest that a favorable recommendation be made by the Planning Commission for the three season porch as proposed, with the deck to be constructed in a conforming location. A further condition should be imposed that proper permits be obtained for the shed and it be relocated to conforming setbacks. JS:pj The abutting neighbors have been notified of this request. Council on September 2_7, 1994. This case is scheduled to be heard by the City yARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 _ Jll2Sglil Planning Commission Date: City Council Date: Distribution.'_ Application Fee: $50.00_ Case ~o.04-0,~ City Planner 4"~ Public Works City Engineer ~- ~.q DNR Other Please type or print the fotlowlng information: .................................................................... Address of Subject Property Lot / Addition .5'/Y/,,9 ,zg?"Z.~O.d? Block Pn~ ~o../y-//7_ z6/~//- Zoning District ,,~-- ~' Owner's Name_. /~:;'o _-/~.~ Owner's Address Use of Property: Day Phone /-~7~ ~ ~_~ O ~' / Applicant's Name (if other than owner) Address Day Phone 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure f6r this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. ,4,'0 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): .arianc¢ Application (11193) Page 2 Case No. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located2 Yes .~, No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested (or existing) VARIANCE Front Yard: ( N~E W ) _ Z C9 ft. .~/ ft. ft. Side Yard: ( N S(~W~,) /O ft. Side Y~d: ( N S ~J) ~ ft. R~ Y~d: ( N S E~ ) ft. ft. ft. ~eside: (~S E W ) ~ ft. ~/ ft. ft. : (NSEW) -~. ' ~ ft. ~ ft. ft. ~ sq fl 7-~ ~ ~ ~ sq ft ~ /yO sqft ~sqft 7~Y sq ft Street Frontage: Lot Size: Hardcover: Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes 9{[, No (). If no, specify each non-conforming use: e Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district.'? %_too narrow ( ) topography ( ) soil. too small ( ) drainage ( ) existing situation too shallow ( ) shape ( ) other: specify ,ariance Application (11/93) Case No. Page 3 e Was the hardship described above created by the action of anyone having property interests in the Iz after the zoning ordinance was adopted (1982)? Yes (), NoJ~. If yes, explain: e Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), NoJ¥ Il'yes, explain: 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petfion? Yes (), Noir. If no, list some other properties which are similarly affected? Owner's Signature ~ ~//~maintaining' and removing such notices as may be required by~ I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, Date CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: JOWNER'S NAME: LOT AREA '7 ~ (::3~:::) SQ; FT. X 30% LOT AREA -~.~ ~4:~ SQ. FT. X 40% = (for all lots) .............. = (for Lots of Record LOT AREA '~.~0(~ SQ. FT. X 15% = (for detached buildings only) .. I~1 ~Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. HOUSE DETACHED BLDGS ShC~'-zP (GARAGE/SHED) ~A~f/~ DRIVEWAY, PARKING ~"O/tJ ~'~ Co ,~ C / AREAS, SI DEWALKS,$~3',~'x~' ETC. DECKS Open decks (114" min. opening between boards) are not counted as hardcover OTHER ~-, ...... ~, _D LENGTH WIDTH so FT __..~__~ x Z ~", 4-- = /~ x ~ = X = TOTAL HOUSE ......................... ~,I x ~. = TOTAL DETACHED BLDGS ................. x = TOTAL DRIVEWAY, ETC .................. /z x /~ : /~ ~ X = TOTAL DECK .......................... X X = TOTAL OTHER .......................... TOTAL HARDCOVER / IMPERVIOUS SURFAC'E ............... 0 ~/OVER (indicate difference) .................... ~i., ,~.c'~ . , I /771 '?" Oti/l?/g;I 18:12' FAX 6,L-" 472 062.0 !,i" -. cz~ oF' UOU.~D """ ANC~0R SClENTIFI ~001 HARDO'OVER O~L~ULATIONS '" ....... ---~--ff:'-....'.-...,': .... ..L .. ~.r.. ,..,. . . , EXISTinG LOT ^~Eti 7S'00 Se FT X EXI. STING LOT ARE'~ _7._~,00. SQ FT X 1,5% ,= HOUSE: LENGTH .'WIDTH 3q.~ X 2~.'~' = " /033 deck'= lOOT) "'"TOTALDE~K: ..... / \ - tl .i 3,723 J ........ ~77.~ 224 October 23, 1990 RESOLUTION,~{90-130 A RESOLUTION DENYING THE REQUEST OF ROLAND R. GAVIN FOR A FRONT AND SIDE YARD SET BACK VARIANCE WHEREAS, Section 23.407 of the Mound Code of Ordinances establishes side yard and front yard setbacks for accessory buildings, and WHEREAS, Roland R. Gavin of 5000 Enchanted Road is seeking a variance of seven feet to the required eight foot front yard setback and a one foot variance to the required four foot side yard setback for the construction of a detached garage, and WHEREAS, the applicant currently has a two car, tuck-under garage located on the property and his request would result in four garage stalls, and WHEREAS, the Building Inspector and the Planning Commission have inspected the property and have discussed with the applicant the criteria for granting a variance as set forth in Section 23.506 of the Mound Code of Ordinances, and WHEREAS, the Mound Planning Commission met on October 8, 1990, and unanimously recommended to the City Council that the variance for the proposed garage not be granted for a number of reasons, and WHEREAS, the matter came before the Mound City Council on October 9, 1990, and Roland R. Gavin appeared and presented his request to the City Council but did not present any evidence to indicate why his request for a variance should be granted under the criteria established in Section 23.506.1 of the Mound Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE MOUND CITY COUNCIL, as follows: 1. The application of Roland R. Gavin for a variance to construct a garage at 5000 Enchanted Road is hereby denied for the following reasons: a. No exceptional or extraordinary conditions apply to the property which do not apply generally to other properties in the same use district, and there are no topographic or other circumstances which justify a hardship variance. b. The applicant already has a two car garage located on the property. c. The applicant gave as a reason for granting the variance the fact that the neighbor's garage is located iD essentially the same area. The Planning Commission and th~ Council have pointed out to the applicant that that garage was built in the 1930s and is non-conforming, and therefore if it were destroyed it could not be rebuilt in the same location. 225 October 23, 1990 d. If the variance were granted, there would only be 3.65 feet between the Gavin's garage and his neighbor's garage, and this presents a fire safety hazard and also creates a maintenance problem as it relates to the properties. e. The applicant has sufficient room so that he could take other courses of action or could attach a garage to the house and meet the zoning code requirements, all of which proves that there is not a hardship. f. The Council finds that the granting of the variance would confer on the applicant special privileges that are denied by the Code of Ordinances to other owners of land in the same residential use district. 2. The granting of the variance would be detrimental to the public welfare and injurious to other properties in the area, since no hardship has been shown on the owner of this property other than economic to justify the issuance of the variance. 3. The Council hereby finds that no showing was made that a hardship exists that the property owner cannot rectify, and that he can correct the problem by using his property in a manner which is consistent with the zoning ordinance criteria for all other property in the same use district. 4. The Council further finds that if general standards and requirements are waived or relaxed for one property owner, other property owners have the right to expect the same type of treatment or their constitutional rights would be adversely affected, by failing to apply the equal protection rules of the constitution for all citizens. The foregoing resolution was moved by Councilmember Ahrens and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmember voted in the negative: none. Ma~or ~' Attest: City Clerk GENERAL ZONING INFORAIATION SItEET Survey on file? yes~ no_ Required Lot Width:__~,; Existing ~t Width_. _ SETBACKS REQUIRED ~ ~~alUrld from O.H.W~ EXISTING ~/OR PROPOSED PRINCIPAL BUILDIN~ , .................... J.k.i!l , (so. ~.) .... Date of survey J. IZ-9~ ~t of Record? yes~ no_ (frontage on an ~proved public street) tn" SLOE: N S ~ 4'--or ~' SIDE: N S E W 4' or ~' LAF4~SHOREg , 50' tmeasured from O.H.W.I WILL THE P~S~PRO~ CONFORM? 13-117- YES. NOZ. PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE FOR AN ADDITION AT 4913 THREE POINTS BLVD., LOT 4, BLOCK 4, SHADYWOOD POINT, PID #13-117-24 11 0009 P&Z CASE #94-64 WHEREAS, the owners, Darlene Murphy and Patricia Hanson, have applied for a variance to recognize the existing nonconforming lake setback, side yard setback, and impervious surface coverage in order to construct a room addition and a screen porch, as follows: Existing/ Required Proposed Variance House (lakeside) 50' 43' 7' House (north side) 6' 5' 1' Hardcover 2,442/40% 2,892/47% 450/7% and; WHEREAS, this property is located in the R-lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet, side yard setbacks of 6 feet, and a 50 foot setback to the ordinary high water, and; WHEREAS, the addition and porch, as proposed, are nonconforming to the side yard by I foot. The porch follows the existing lakeside footprint and does not further encroach into the 43 foot lake setback, and; WHEREAS, the owner is willing to modify their request in order to construct the addition with a conforming 6 foot side yard setback, and; WHEREAS, impervious surface coverage is over at 47 percent. A portion of the driveway could be removed, but would not have a significant impact on the existing situation that is very effective in managing and filtering the storm water on this site, and; WHEREAS, property, and; the gutters on the house are imperative to maintain good drainage on this WHEREAS, the Planning Commission has reviewed the request and recommended approval ~,"~ NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby grant a variance recognizing the existing nonconforming lakeside setback of 43 feet, the nonconforming side yard setback of 5 feet, and the nonconforming impervious surface coverage o~% ~r 2,892 sqpar~f?t, t0 alio~ construction of a room addition and a porch. /~'~ ~'~"'~'2' -~. .',~ ~ .~-~ .... ' ~.~< " Proposed Resolution 94-64, Murphy/Hanson Page 2 The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a one story family room addition 26' x 13' with a deck above. This variance is granted for the following legally described property: Lot 4, Block 4, Shadywood Point. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE FOR AN ADDITION AT 4913 THREE POINTS BLVD., LOT 4, BLOCK 4, SHADYWOOD POINT, PID #13-117-24 11 0009 P&Z CASE #94-64 WHEREAS, the owners, Darlene Murphy and Patricia Hanson, have applied for a variance to recognize the existing nonconforming lake setback, side yard setback, and impervious surface coverage in order to construct a room addition and a screen porch, as follows: Existing/ Required Proposed Variance House (lakeside) 50' 43' 7' House (north side) 6' 5' 1' Hardcover 2,442/40% 2,892/47% 450/7% and; WHEREAS, this property is located in the R-lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet, side yard setbacks of 6 feet, and a 50 foot setback to the ordinary high water, and; WHEREAS, the addition and porch, as proposed, are nonconforming to the side yard by 1 foot. The porch follows the existing lakeside footprint and does not further encroach into the 43 foot lake setback, and; WHEREAS, the owner is willing to modify their request in order to construct the addition with a conforming 6 foot side yard setback, and; WHEREAS, impervious surface coverage is over at 47 percent. A portion of the driveway could be removed, but would not have a significant impact on the existing situation that is very effective in managing and filtering the storm water on this site, and; WHEREAS, property, and; WHEREAS, approval. the gutters on the house are imperative to maintain good drainage on this the Planning Commission has reviewed the request and recommended NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance recognizing the existing nonconforming lakeside setback of 43 feet, the nonconforming side yard setback of 5 feet, and the nonconforming impervious surface coverage of 47% or 2,892 square feet, to allow construction of a room addition and a porch. Proposed Resolution 94-64, Murphy/Hanson Page 2 The City Council authorizes the alterations set forth below, pursuant to. Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a one story family room addition 26' x 13' with a deck above. This variance is granted for the following legally described property: Lot 4, Block 4, Shadywood Point. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 12, 1994 ~ MARK EARHART (CONTRACTOR), 4913 THREE POINTS BLVD., LOT4. BLOCK 4, SHADYWOOD POINT, PID #13-117-24 11 0009. VARIANCE FOR ADDITION. Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R- lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet, side yard setbacks of 6 feet, and a 50 foot setback to the ordinary high water. The applicant is seeking a variance to recognize the existing nonconforming lake setback and impervious surface coverage in order to construct a room addition and a screen porch. The addition and porch, as proposed, are nonconforming to the side yard by I foot. The porch follows the existing lakeside footprint and does not further encroach into the 43 foot lake setback. Impervious surface is over at 47 percent. A portion of the driveway (320 square feet) is proposed to be removed. This removal will not have a significant impact on the existing situation that is very effective in managing and filtering the storm water on this site. Staff met with the owner on-site and discussed tbs issue of building into the required setback. The owner was not opposed to constructing the additions with a conforming 6 foot side yard setback. Staff recommended the Planning Commission recommend approval of a variance to recognize the existing nonconforming conditions to allow construction of a room and porch addition that will encroach no further than the existing 43 foot lakeshore setback and will be conforming to the required 6 foot side yard setback Existing/ Required Proposed Variance House (lakeside) 50' 43' 7' House (north side) 6' 5' 1' Hardcover 2,442/40% 2,892/47% 450/7% The Building Official stressed that the existing stormwater drainage system on this property is exceptional. The Commission noted that the gutters on the house are imperative to maintain good drainage on this property. It was would would questioned if the removal of the 320 square feet of driveway, as suggested by staff, negatively impact the drainage. The Building Official does not believe the drainage be affected. MOTION made by Mueller, seconded by Clapsaddle, to recommend approval of the variance request, as recommended by staff. MOTION CARRIED 8 -1. Those in favor were: Clapsaddle, Mueller, Crum, Michael, Voss, Hanus, Surko, and Jensen. Weiland opposed. Weiland noted that he did not vote in favor because he would prefer to see a portion of the driveway removed. Hanus confirmed that if the 320 square feet of hardcover were removed, the property would still not meet 40 percent hardcover. This case will be heard by the City Council on September 27, 1994. CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: Planning Commission Agenda of September 12, 1994 TO: Planning Commission, Applicant and Staff FROM: Jon Sutherland, Building Official ~~---~ SUBJECT: Variance Request APPLICANT: OWNER: Mark A. Earhart, Triple D. Homes Darlene Murphy & Patricia Hanson CASE NO. 94-64 LOCATION: 4913 Three Points Blvd., Lot 4, Block 4, Shadywood Point, PID//13-117-2411 0009 ZONING: R-lA Single Family Residential BACKGROUND This property is located in the R-lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet, side yard setbacks of 6 feet, and a §0 foot setback to the ordinary high water. The applicant is seeking a variance to recognize the existing nonconforming lake setback and impervious surface coverage in order to construct a room addition and a screen porch. The addition and porch, as proposed, are nonconforming to the side yard by 1 foot. The porch follows the existing lakeside footprint and does not further encroach into the 43 foot lake setback. Impervious surface is over at 47 percent. A portion of the driveway (320 square feet) is proposed to be removed. This removal will not have a significant impact on the existing situation that is very effective in managing and filtering the storm water on this site. Please note drainage arrows detailed on site plan. COMMENT Staff met with the owner on-site and discussed the issue of building into the required setback. The owner was not opposed to constructing the additions with a conforming 6 foot side yard setback. Staff Report Murphy/Hanson - #94-64 Page 2 RECOMMENDATION Staff recommends the Planning Commission recommend approval of a variance to recognize the existing nonconforming conditions as listed in order to allow construction of the following: A room and porch addition that will encroach no further than the existing 43 foot lakeshore setback and will be conforming to the required 6 foot side yard setback Existing/ Required Proposed Variance House (lakeside) 50' 43' 7' House (north side) 6' 5' 1' Ha rd cove r 2,442/40 % 2,892/47 % 450/7 % Note: due to the existing stormwater drainage system, the Planning Commission may wish to discuss the minimal impact of the proposed reduction in impervious surface, JS:pj The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on September 27, 1994. 3?$3 9 37~ ~° Planning Commission Date: City Council Date: Distribution: yARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 City Planner % "'Z.fi{ Public Works City Engineer ~-' Z.~ DNR Other Application Fee: $50.00 Case No.~ Please type or print the following information: Address of Subject Property lq q{~ ~~ ~e~ ~,~,~, i "//~et~ Block District ff'~(I ~ Use of Property: PID No. Own,,,", ^,:,,:,,'~s q q ~3 ~.~..,w~ ~,. 7~~, ~.L,..~, Ad~s {5~0 ~,~q~A ~t ~/0 553~& Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, .gq'no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed con~tr~c.fi.oq~r alteration (size, number of stories, type of use, etc.): Variance Application (11/93) Page 2 Ca~ No. Do the existing structures comply with all_ a)'ea, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (~ If no, specify each non--conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested r erast~ng) Front Yard: (N~S E~W.)N~ ,~0' ft. 2--',~ f' Side Y~d: ( . S,E~)) ~ ' ff. ~. ~ R~ Y~d: ( N S ~W ) ff. ~' ,' ~eside: ( N:~W ) .~(~ , ~. z, / · (NSEW) ~ ~tS~: ~~ ~R - VARIANCE Does the presenyttse of the property conform to all regulations for the zoning district in which it ir located? Yes ~}, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too nan'ow ( ) topography ( ) soil ( ) too small ( ) drainage ( ) .existing situation ( ) too shallow ( ) shape (->9%ther: specify Please describe: Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyon~ having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~I. If yes, explain: Wa'.~. hardship created by any other man-made change, such as the relocation of a road? No If yes, explain: Yes (), o Are the conditions of hardship .fo, t} which you request a variance peculiar only to the property described in this petition? Yes (), No ~J~ If no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. ,wner's Signature~t~-~J~~',~~^-~'''~- Date CITY OF MOUND HARDCOVER CALCULATIONS NAME: ADDRESS: EXISTING LOT AREA EXISTING LOT AREA SQ FT X 30% - 8Q FT X 15% LENGTH WIDTH HOUSE: 2~.2 ~ X GARAGE: TOTAL HOUSE TOTAL GARAGE DRIVEWAY: Y..C=-t,,4 CWO=-- TOTAL DRIVEWAY DECK://~,~-/ (if impervious surface under deck = 100Z) TOTAL DECK OTHER: **'***'**** /00 TOTAL DECK @ TOTAL OTHER TOTAL PROPOSED HARDCOVER * * * * * ******************************** MEETS LOT COVERAGE REQUIREMENTS .... YES,~,~NO 371 "Y: DATE: 0 I PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE FOR AN ADDITION AT 2700 WESTEDGE BLVD., LOT 1, BLOCK 2, BATDORF'S FIRST ADDITION, PID #23-117-24 24 0029 P&Z CASE #94-65 WHEREAS, the owners, Jerry and Kathy Christenson, have applied for a variance to recognize the existing nonconforming front yard setback of 23.6 feet to the required 30 feet, in order to construct a fully conforming 18' x 14' one story family room addition, and; WHEREAS, this property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to both Westedge Blvd. and Beachwood Road, a 10 foot side yard setback, and a 15 foot rear yard setback, and; WHEREAS, a variance for the nonconforming front setback was granted on April 24, 1990 to allow construction of a garage addition, and; WHEREAS, the proposed addition is conforming and is a reasonable use of the property. All other aspects are conforming, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance to recognize an existing nonconforming 23.6 foot front yard setback to allow construction of a conforming addition. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a one story 18' x 14' four season family room. This variance is granted for the following legally described property: Lot 1, Block 2, Batdorf's First Addition. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. Proposed Resolution 94-65, Christenson Page 2 The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. 08/23/94 15:21 FA~ 612 472 0620 CITY OF ~CERTIFICATE OF SURVEY LEGAL DESCRIPTIOn...-__ Lot ], Block 2, BATDORF'S FIRST ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Area = 10,000 square feet GENERAL NOTES MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 12, 1994 CASE #94-65: JOHN AUSTIN {CONTRACTOR),2700WESTEDGE BLVD., LOT 1, BLOCK 2, BATDORF'S FIRST ADDITION, PID #23-117-2424 0029. VARIANCE FOR ADDITION. Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to both Westedge Blvd. and Beachwood Road, a 10 foot side yard setback, and a 15 foot rear yard setback. The applicant is seeking a variance to recognize the existing nonconforming front yard setback of 23.6 feet to the required 30 feet, in order to construct a fully conforming 18' x 14' one story family room addition. A variance for the nonconforming front setback was granted on April 24, 1990 to allow construction of a garage addition. The proposed addition is conforming and is a reasonable use of the property. All other aspects are conforming. Staff recommended the Planning Commission recommend approval of the variance to recognize an existing nonconforming 23.6 foot front yard setback to allow construction of a conforming addition. MOTION made by Voss, seconded by Hanus, to recommend approval of the variance request as recommended by staff. MOTION CARRIED UNANIMOUSLY. This request will be heard by the City Council on September 27, 1994. CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: Planning Commission Agenda of September 12, 1994 TO: Planning Commission, Applicant and Staff FROM: Jon Sutherland, Building Official SUBJECT: Variance Request APPLICANT: OWNER: John Austin, Piekkenpol Builders, Inc. Jerry & Kathy Christenson CASE NO. 94-65 LOCATION: 2700 Westedge Blvd., Lot 1, Block 2, Batdorf's First Addition, PID #23-117-24 24 0029 ZONING: R-1 Single Family Residential BACKGROUND This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to both Westedge Blvd. and Beachwood Road, a 10 foot side yard setback, and a 15 foot rear yard setback. The applicant is seeking a variance to recognize the existing nonconforming front yard setback of 23.6 feet to the required 30 feet, in order to construct a fully conforming 18' x 14' one story family room addition. A variance for the nonconforming front setback was granted on April 24, 1990 to allow construction of a garage addition. The proposed addition is conforming and is a reasonable use of the property. All other aspects are conforming. RECOMMENDATION Staff recommends the Planning Commission recommend approval of the variance to recognize an existing nonconforming 23.6 foot front yard setback to allow construction of a conforming addition. JS:pj The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on September 27, 1994. printed on recycled paper 08/23/94 16:05 FAX 612 472 0620 CITY OF MOUND ~]003 ~_ARIANCE t~.PLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55'3~ Faone: 47~I}(fl}0, Fax: 472.-0620 phnning Commission Date: City Council Date: Distribution: September 12, 1994 saotember 27, 1994 City Planlmr "0,~L,-I Public Works City Engineer DNR Other Application Fee: $50.00 ]'iea~e v~ or print the ~0Oow~g ~fom~on: Address of ~bject ~ 27o0 Westedo.~e Blvd. District Owner's Name Owner's Address Addition BatdorF'a First addition Use of Preimm~: Jerry and Kathy Chrisenson 2700 WesCed~e Blvd. Applicant's Nnme (if other ~n owner) Address 8~o9 ~arriet Ave. Sc. Mound, Mn Block PID No. residential Day Phone 472-5907 Mound, Mn John Auatin Plekkenpol Builders, Inc. 888-2225 Bloomington, MN 55420 Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning tm:~cedure f~r this property'/ ~ yes, ( ) no. If ye~, list date(~) of application, action taka_n, resolution number(s) and provide copies of resolutions. 2. Detailed descdpton of proposed construction or ~terafion (size, number of stories, type of use, etc.): One story 15'0" x 14'0" 4 season Family room oF back oF home where existing 12'0" x season porch ia located 05/23/94 16:06 FAX 612 472 0620 CITY OF MOUND Variance Application (11/93) Page 2 Case No. ~004 3. Do thc e, xisfing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No~. If no, speci~ each non-conforming use (describe reason for va_dance request, i.e. setback, lot areA, etc.): SETBACKS: requLred Front Yard: ( N_ S E(~) ~ ft. 7--3 .C- Side Yard: (<~S E W ) ~c:> ft. ~,o Side Yard: ( N S ~ W ) L~ ~. I~. ~ R~ Y~: ( N S~W ) ~ ~. ~ ~ ~ide: ( N S E W ) ~. - (NSEW) ft. Street Frontage: ft. Lot Size: sq ft Hardcover: sq ft ft. ft. fl. ft. ft. ft- ft. fi- ft. ft. ft. sq ft ,SCl fl sqft ,sqft Does the present use of the property conform to ali regulations for thc ZOning district in which it i located? Yes~ No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage ( ) too shallow (~ shape .,~. existing situation ( ) other: specify Please describe:~ 377 08/23/94 16:06 FA~ 612 472 0620 CITY OF ~0UNI) ~005 V~ria~ Appiicmioa (11/93) Psge 3 Ca~ No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No (). If yes, explain: Was the hardship created by any other man-made change, such as the rclocation of a road? Yes (), - No (). If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to thc property described in this petition? Yes ~0~, No (). If no, list some othe~r properties which are similarly aft'cctV? 9. Comments: mah~,fing and removing such notices as may be required by law. _Owner's Signature _~. ppUcant's ~~ I certi~ that all of the above statements and the statements contained in any required papers or plans to be submitted herewith arc true and accurate. I consent to the entry in or upon thc premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, Date ~.~ · ~-4-'~ =f// Date 37f 08/23/94 16:06 FiZ 612 4?2 0620 CI'I~ 0F MOUND ~006 CITY OF MOUND HARDCOVER CALCULATIONS NAME: ADDRE,.~S: Jerr~ and Kath~ Christenson 2700 Wested~e Blvd. EXISTING LOT AREA EXISTINO LOT AREA ,1,o;ooo SQFT X 30% = 3000 1o,ooo SOFT X 15% = 1500 HOUSE: Addition GARAGE: DRIVEWAY: DECK: (if impervious surface under deck = 100%) OTHER: Sidewalk LENGTH WIDTH 44 ' -0" X 26 ' -0" = 18'-0" X 14'-0" ---- X = 1144 TOTAL HOUSE * * 22 ' -O" X X TOTAL GARAGE * 23 ' -6" X X TOTAL DRIVEWAY 18 X X TOTAL DECK '" * TOTALDECK @ 50% 35 ' -0" X X TOTAL OTHER ' ' 44O 472 108 105 TOTAL PROPOSED UNDER (OVER) MEETS LOT COVERAGE REQUIREMENTS BY: DATE: 2491 I [ (-5o9) ] X YES__NO , J, 2t~'~, _ 72 April 24, 1990 RESOLUTION %90-$1 RESOLUTION TO CONCUR WITH THE PLAHNINQ COMMISSION TO ALLOW A FRONT YARD 8BTBACKFARIANCE FOR LOT 1, BLOCK 2, BATDORF'S FIRST ADDITION, (2?00 NESTEDGE BLVD.) P&~ CASE NO. 90-91S NHEREHS, the applicant applied for a 6.4 foot front yard setback variance to the west property line to allow con- struction of a garage addition for Lot 1, Block 2, Batdorf's First Addition; and WHEREAS, the subject property is l~cated within the R-1 Sing%e Family Zoning District which according to the City Code requires a lot area of 10,000 square feet, 30 foot front yard setbacks to both the north and west, a 10 foot side yard setback and a 15 foot rear yard setback~ and .. . WHERBA~., Section 23.404, Subdivision (8) provides that al=era=%ons mai De .made to a building containin~ a l~wful, non- confo.rmlng residential property when the alterations ~111 improve the llvability thereof, but the alteration may not Increase the number of units, and WHEREAS, the Planning Commission has reviewed the request and does recommend approval to afford the owner reasonable use of his land. NON, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City ~oes hereby authorize the 6.4 foot front yard set- back variance to the west for Lot 1, Block 2, Batdorf's First Addition, PID #23-117-24-24 0029. . The C~ty Council authorizes the setback violation and authorizes the alterations set forth below, pursuant to Sec- tion 23.~04, Subdivision (8) with the clear and express un- derstanding that the use remains ~s. a lawful, nonconforming ~[i~r~04~o all of the provisions and restrictions of It is determined that the livability of the residential roertywill be improved by the authorizatio ~ln~ ~terations to a nonconformin~ use of t~%Of the fol- azzora the owner reasonable use of his land. property to 73 April 24, 1990 a. To construct a 20 by 22 foot one story garage addition 23.6 feet from the west property line. 0 This variance is granted for the following legally described property: Lot 1, Block 2, Batdorf's First Addition, PID #23- 117-24-24 0029. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Min- nesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. The building permit shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember Jensen and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith· The following Councilmembers voted in the negative: none. Ma~or "B o C.. CP, Attest'. city clerk GENERAL ZONING INFOR~tTION SHEET ,,o. ,T., IO000j ,.o, A,,:A,,,',,,,,-,,",~ ' no ? (frontage on an ~proved public street) . (8) FRONT ~ N S ,,,., .(~), . I0 SZDE~ N S B W N S ~SHO~ ~ 50' ~Maou~ed EXZS~ZNG ~/OR PROPOSED FRONT ~ SZDE~ N S E W ~ S HO~ ACCESSORY BUZLDIN~ FRONT ~ N S ~: W FRONT ~ N S E W SZDE~ N SXDE~ N S REAR~ N S ~SHO~ 50' /~asured from FRONT ~ FRONT ~ N S SZDE~ N S SZDE~ N S ,9 (7) (8) ~t PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A LOT AREA VARIANCE TO ALLOW CONSTRUCTION OF A DETACHED GARAGE AT 2710 WESTEDGE BLVD., PART OF GOVERNMENT LOT 3, SECTION 23, PID #23-117-24 24 0008 P&Z CASE #94-66 WHEREAS, the owner, Rick Hanson, has applied for a variance to recognize the nonconforming lot area of 8,205 square feet, resulting in a variance of 1,795 square feet, to allow the construction of a 24' x 24' detached garage that will be conforming to setbacks, and; WHEREAS, this property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to Westedge Blvd., a front yard setback of 20 feet to Evergreen Road, a 10 foot side yard setback, and a 15 foot rear yard setback, and; WHEREAS, setbacks and lot area are measured to the easement lines (note definition for "Lot Line", Zoning Code Section 350:310, Subd. 80), and; WHEREAS, The original parcel met the minimum lot area requirement of 10,000 square feet before a 25 foot easement for street and utility purposes was granted to the City of Mound for construction of Evergreen Road, and granting of said easement, by previous Owner, has resulted in a hardship beyond the applicant's control, and; WHEREAS, all setbacks and lot coverage are conforming, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a lot area variance of 1,795 square feet to allow construction of a conforming detached garage. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a conforming 24' x 24' detached garage. Proposed Resolution 94-66, Hanson Page £ 4. This variance is granted for the following legally described property: o The West 150 feet of the North 95 feet of the South 260 feet of Government Lot 3, Section 23, Township 117, Range 23, Hennepin County, Minnesota, except road. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 12, 1994 ~ RICK HANSON, 2710 WESTEDGE BLVD., PART OF GOV'T. LOT 3, SECTION 23~ PID #23-117-24 24 0008. VARIANCE FOR DETACHED GARAGE. Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to Westedge Blvd., a front yard setback of 20 feet to Evergreen Road, a 10 foot side yard setback, and a 1 5 foot rear yard setback. The applicant is seeking a variance to recognize the nonconforming lot area of 8,205 square feet, resulting in a variance of 1,795 square feet, to allow the construction of a 24' x 24' detached garage that will be conforming to setbacks. Setbacks and lot area are measured to the easement lines (note Lot Line definition, Zoning Code Section 350:310, Subd. 80). All other aspects of this case are conforming. The City has, in the past, supported the construction of garages to ease the accumulation of exterior storage. Staff recommended the Planning Commission recommend approval of the lot area variance to allow construction of a conforming 24' x 24' detached garage. Weiland commented that he is in favor of waiving the fee, as requested by the applicant. The applicant questioned if it would be possible to receive a perpetual variance for this lot, so that in the future if they wish to add onto the house they would not have to go through this process again. The Building Official indicated that as the code is written today, that could not happen. (Weiland was excused from the meeting.) The Commission questioned the interpretation of staff relating to the street easements and if the lot area should not include the easement area, and where should setbacks be measured to. It was suggested that the applicant could look into vacating a portion of the easement. MOTION made by Voss, seconded by Clapsaddle, to recommend approval of the variance as recommended by staff. MOTION CARRIED UNANIMOUSLY. Waiving the fee was discussed. Voss stated that he does not feel it is the Planning Commissions role to make recommendations relating to fees, and it should be the applicant's responsibility to try to rectify the nonconforming situation. MOTION made by Mueller, seconded by Hanus to recommended to the City Council that the fee be waived because the lot area could be construed differently and a variance may not have been required. Clarification from the City Attorney is also requested relating to the determination of the lot area, ownership of the easement, and setbacks. MOTION CARRIED 6 - 2. Those in favor were: Mueller, Hanus, Clapsaddle. Crum, Surko, and Michael. Voss and Jensen opposed. Jensen stated that she is uncomfortable with statements made indicating that due to previous actions by the City that the fee should be waived. This request will be heard by the City Council on September 27,1994. 3~07 CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: Planning Commission Agenda of September 12, 1994 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~C:~-'~ Variance Request APPLICANT: Rick and Denise Hanson CASE NO. 94-66 LOCATION: 2710 Westedge Blvd., Part of Government Lot 3, Section 23, PID #23-117-24 24 0008 ZONING: R-1 Single Family Residential BACKGROUND This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to Westedge Blvd., a front yard setback of 20 feet to Evergreen Road, a 10 foot side yard setback, and a 15 foot rear yard setback. The applicant is seeking a variance to recognize the nonconforming lot area of 8,205 square feet, resulting in a variance of 1,795 square feet, to allow the construction of a 24' x 24' detached garage that will be conforming to setbacks. Setbacks and lot area are measured to the easement lines (note Lot Line definition, Zoning Code Section 350:310, Subd. 80). All other aspects of this case are conforming. The City has, in the past, supported the construction of garages to ease the accumulation of exterior storage. RECOMMENDATION Staff recommends the Planning Commission recommend approval of the lot area variance to allow construction of a conforming 24' x 24' detached garage. JS:pj The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on September 27, 1994. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Enginee,:, Planners Surveyors MEMORANDUM TO: FROM: DATE: SUBJECT: Jon Sutherland, Building Official John Cameron, City Engineer September 6, 1994 Variance Request 2710 Westedge Blvd. Case #94-66 MFRA #8902 As requested we have reviewed subject variance request and are recommending approval for the following reasons: 1. The original parcel met the minimum lot area requirement of 10,000 square feet before a 25 foot easement for street and utility purposes was granted to the City of Mound for construction of Evergreen Road. 2. Granting of said easement, by previous Owner has, resulted in a hardship beyond the applicant's control. .-East li,e of'the Wesf 150 f'eef oF Gov'! Lof 3 ! I $. 00°08'?-7" W. ,;'~' ....... 69.65- -- ~...~' .... ?_5. , ~ I ! 10.0 %. Z~ ~0.% , ~ t- STORY ~ Z ~t FRAM[ oo,~ : o z', 95 ~ m~ ,%60 ~ ~ I ~ ......., 70.05 ...... WESTEDGE B_V . ' L 95 O0--- - N.00008'~-7"E. The Wesf line of' Gov'¢ /of 5, Sec.25, T117, R.~4 JOB N0.94565 'M~,LO,'I~Jo6g' -" 00'0 S Yggg...OLg_ '0N~ )oa ~]Bd S¥ S ,,k.Ll"l I.J.r'l O N~ L":J' ~10-.-1 /N OSt Ind --- 91,'LJ J. --- ---00'OSI. "- ' "=J, LO,-~t~6g'N 7 ,' ~.,,~o~ ,.~ .~eej 09-~ ~.Ino$ ~q,(,.~o eu/I Cl.t,~oH~ 3811 VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: City Council Date: City Planner _~...~ Public Works City Engineer - DNR Other Application Fee: $50.00 Case No. ~ ~____~~_~__~ Please type or print the following information: .............. Address of Subject Property Lot , ~ ~7/0 Block Addition Zoning District Owner's Name Use of Property: I Owner's Address Applicant's Name (if other than owner) PID No. c~3- II'?-'~q 4-~.~ Day Phone qg_.~ - k-~q Address Day Phone Has an application ever been made.~r zoning, variance, conditional use permit, or other zoning procedure for this property.'? ( ) yes, no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): 3gl2., Variance Application (11/93) Page 2 Case No. Do the existing structures comply with al~ ,area, height, bulk, and setback regulations for the zoning district in which it is located? Yes"(), No,~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, 16t area, etc.): o SETBACKS: required requested (or existing) VARIANCE Front Yard: ( N S F~) Z~ ft. Side Yard: ( N(~)E W ) ~ ft. Side Yard: (~ S E W ) lC) ft. Rear Yard: ( N S ~)W ) !._~ ft. Lakeside: ( N S E W ) ft. : (NSEW) ft. Street Frontage: ft. Lot Size: ._~12~._sq ft Hardcover: sq ft ft. fi. fi. ft. fi. ft. fi. ft. fi. ft. ft. ft. sqft l'?q5 sqft sqft sqft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) too small ( ) too shallow Please describe: "~~ ( ) topography ( ) drainage ( ) shape soil existing situation other: specify $gl3 Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the lan~ after the zoning ordinance was adopted (1982)? Yes (), No'~. If yes, explain: e Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain: o Are the conditions of h~dship for which you request a variance peculiar only to the property described in this petition? Yes~, No (). If no, list some other properties which are similarly affected? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Applicant's Signature~ Date NAME: ADDRESS: EXISTING LOT AREA EXISTING LOT AREA CITY OF MOUND HARDCOVER CALCULATIONS ~~ 8Q FT X 30% = <::~c,~<~5 8Q FT X 15% = J2,.-,~-~.7 HOUSE: GARAGE: DRIVEWAY: DECK: (if impervious surface under deck = 100%) OTHER: LENGTH WIDTH X = X = TOTAL HOUSE * * X TOTAL GARAGE * x X TOTAL DRIVEWAY X X TOTAL DECK * * * TOTAL DECK @ 50% X X TOTAL OTHER * * TOTAL PROPOSEDHARDCOVER ******************* UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * * BY: ~~"' ,~~ DATE: :.YES___NO LU t Iii/ ~ GENERAL ZO~iN~ ~OI~TiO~ ADDRESS' ~ ~E: I ~OUI~ED. __ Date of survey. ~t of Record? yes~ no Survey on file? yeseS__ no. Required Lot Wiath: fW~] 3ETBACKS REQUIRED~ ~SHO~ 5~' {~a~ured from O.~.w. % (f;ontage on an £mptoved public SIDE: N S E W 4' O~ §' REkR: N S E~W 4' LAKESHO~E: ~0' fmea~ured from O.H.W.% EXISTING AND/OR PROPOSED SETBACKS: FRONT ~ N~ ~ SIDE: N S ~ W REAR, N S . W OK ~SHO~ IS ~SAP~PERTY CONFORMING? aY, ~, ~ I\ NO (7) · Ot-.~ ~ c C4' 0 PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE FOR A DECK AT 3128 PRIEST LANE, LOT 3, BLOCK 2, HIGHLAND SHORES, PID #23-117-24 34 0077, P&Z CASE #94-67 WHEREAS, the owner, James Preisler, has applied for an after-the-fact variance to recognize the existing nonconforming front yard setback and lake side setback to obtain approval of the nonconforming decks that have been re-constructed without a building permit, and; WHEREAS, this property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet, side yard setbacks of 10 feet, and a 50 foot setback to the ordinary high water. WHEREAS, due to the layout of the existing patio doors and the pre-existing access pattern for the house, the 4 foot deck section appears to be a needed, and is a reasonable use of the property, and the bulk of the deck is set off to the side, minimizing the nonconforming impact to some degree, and; WHEREAS, there is a shed on the property that is not shown on the survey that does not meet setbacks and also does not encroach into the setbacks any further than the existing dwelling, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows due to the fact that the lake side deck width is minimal, and a majority of the deck is offset to the side of the house, and the applicant has stated he was replacing existing decks. The City does hereby grant a variance to recognize the following setback variances to allow re-constructio~[?e decks as shown on the survey dated 6-18-93. Existing/ Required Proposed Variance House (front) 30' 22.8 7.2' House (lake side) 50' 30' 20' Decks (lake side) 50' 27' +/- 23' The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. Proposed Resolution 94-67, Preisler Page 2 ,. o It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of decks at the lake side of the house according to the survey dated 6-18-93. This variance is granted for the following legally described property: Lot 3, Block 2, Highland Shores. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. $81 1 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 12, 1994 ~ TONY HOLMSTROM (CONTRACTOR). 3128 PRIEST LANE, LOT 3, BLOCK 2, HIGHLAND SHORES, PID #23-117-2434 0077. VARIANCE FOR DECK Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet, side yard setbacks of 10 feet, and a 50 foot setback to the ordinary high water. The applicant is seeking an after-the-fact variance to recognize the existing nonconforming front yard setback in order to gain approval of the nonconforming decks that have been re- constructed without a permit. Due to the layout of the existing patio doors and the pre-existing access pattern for the house, the 4 foot deck section appears to be a needed and reasonable use of the property. The bulk of the deck is set off to the side, minimizing the nonconforming impact to some degree. It is unfortunate to have an after-the-fact situation, and this does not give staff the opportunity to evaluate and assist the applicant with other possible options. However, the decks as installed appear to be a reasonable use of the property with the deck on the lakeside being minimized by narrowing it down to 4 feet and by the majority of the deck being offset to the side of the house. Staff recommended the Planning Commission recommend approval of the after the fact request to re-construct the decks as shown on the survey dated 6-18-93. The Commission noted that there is a shed on the property that is not shown on the survey. The Building Official confirmed that it may not meet the required setbacks, however, it does not encroach into the setbacks any further that the existing dwelling. MOTION made by Clapsaddle, seconded by Crum, to recommend approval of the variance as recommended by staff. MOTION CARRIED UNANIMOUSLY. This case will be heard by the City Council on September 27, 1994. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 STAFF REPORT DATE: Planning Commission Agenda of ~;eptember 12, 1994 TO: FROM: Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~ SUBJECT: Variance Request APPLICANT: OWNER: Tony Holmstrom, Contractor James Preisler CASE NO. 94-67 LOCATION: 3128 Priest Lane, Lot 3, Block 2, Highland Shores, PID #23-117-2434 0077 ZONING: R-1 Single Family Residential BACKGROUND This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet, side yard setbacks of 10 feet, and a 50 foot setback to the ordinary high water. The applicant is seeking an after-the-fact variance to recognize the existing nonconforming front yard setback in order to gain approval of the nonconforming decks that have been re- constructed without a permit. Due to the layout of the existing patio doors and the pre-existing access pattern for the house, the 4 foot deck section appears to be a needed and reasonable use of the property. The bulk of the deck is set off to the side, minimizing the nonconforming impact to some degree. COMMENT It is unfortunate to have an after-the-fact situation, and this does not give staff the opportunity to evaluate and assist the applicant with other possible options. However, the decks as installed appear to be a reasonable use of the property with the deck on the lakeside being minimized by narrowing it down to 4 feet and by the majority of the deck being offset to the side of the house. printed on recycled paper Staff Report Preisler - #94-67 Page 2 RECOMMENDATION Staff recommends the Planning Commission recommend approval of the after the fact request to re-construct the decks as shown on the survey dated 6-18-93. JS:pj The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on September 27, 1994. ~=?Z-6°4-8~00'° / R=I ~,0.00 ,Dt~I E ST L=61,9:5 --- &= ?--$°48"Z6" R=14-9.04 [._ANE I I I I JOE; NO. 953'~ 23/117/24 PRIESLER, JINI ADVANCE SURVEYING 5300 S. Hwy. No. 101 Minnctonka. MN 55345 SURVEY FOR: JIM PRIESLER SURVEYED: June 15, 1993. DRAFTED: June 18, 1993 LEGAL DESCRIPTION: Lot 3, Block 2, HIGHLAND SHORES, & ENGINEERING CO. Phone (612) 474 7964 Fax (612) 474 8267 Hennepin County, Minnesota. STANDARD SYMBOLS & CONVENTIONS: "o" Denotes 1/2_" ID pipe with plastic plug bearing State License Number 9235, set, if "o" is filled in, then dcm)res found iron monulllent. CERTIFICATION: I hereby certify that this survey was prepared bv me or under my direct supervision and that I am a Professional Engineer_and Profcssional Surveyor u'ndcr the Laws of the State of Minnesota. James H. Parker P.E. & P.S. No. 9235 SCALE: ONE INCH EQUALS 20 FEET HARD COVER CALCULATIONS: 2 Story frame dwellin9 Crushed rock drive Patios & walks Total hard surface area Total lot area above 931 contour 1296 1104 466 1866 14713 VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472.-0620 j. i Planning Commission Date: City Council Date: q.-z.q Application Fee: $50.00 Case No.~~_~~ City Planner ~-~..q Public Works City Engineer 5~.Lq DNR Other Address of Subject Property Please type or print the following information: Addition District Owner's Name ~.) o ~'~ e ,~ Block q Pm No.~3 --/~ 7-~"/ Use of Property: /9c' -e; $/e f Day Phone Owner's Address 3/O~ ~9 ~p; c g ~ ~ ~. App~t's N~e (ifo~er~ o~eO _ ~ ~ ~5 ~ 1. H~ ~ applimtion ever b~n made for zoning, v~, ~ndifion~ um ~mit, or o~er ~ning pr~ure for this pro~? ( ) yes, ( ) no. ~ y~, ~st ~(s) of applimfion, action ~en, resolution number(s) ~d provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application (11/93) Page 2 Case No. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested (or existing) VARIANCE Front Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Rear Yard: ( N S E W ) ft. ft. ft. Lakeside: ( N S E W ) -._% C) ft. , :~1' +//- ft. )c2~ ft. · (NSEW) ft. ft. ft. Street Frontage: ft. ft. ft. Lot Size: sq ft _ sq ft sq ft Hardcover: SCl ft ~ '" sc] ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes,~, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography () soil ,( ) too small ( ) drainage (~ existing situation j~)/too shallow ( ) shape other: specify Please describe: Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No/~ If yes, explain: Was.,t~e hardship created by any other man-made change, such as the relocation of a road9. No/eXk If yes, explain: yes (), Are the conditions of hardship ~or/which you request a variance peculiar only to the property described in this petition? Yes (), No/{X~. II no, list some other properties which are similarly affected? ) 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be.,~~q., ulred by law. .' Appl,--t's S, natu(/ Date Date CITY OF MOUND HARDCOVER CALCULATIONS NA ME: ADDRESS: EXISTING LOT ARE/A EXISTING LOT AREA SQr~T x 30% = [~/~2~, 7 1 SQFT X 15% = ,~,~ C)~, ~ HOUSE: GARAGE: DRIVEWAY: DECK: (if impervious surface under deck = 100%) OTHER: LENGTH WIDTH x = X = X = TOTAL HOUSE * * X X TOTAL GARAGE * X X TOTAL DRIVEWAY X X TOTAL DECK * * * TOTAL DECK @ 50% X TOTAL OTHER * * TOTAL PROPOSEDHARDCOVER ******************* UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * · [ 1 . YES__NO 38 8 BY: DATE: GENEILAL ZONING INFOI~IATION SIIEET (~ron~age on an ~prov!d public S~TBACK$ REQUIRED: ~ IF ~7 ~PT~ FRONT~ N S E W ' -- -- ' ~ ~ ~ FRONT: N S g W SIDE~ E W ~ FRONT: N S E W ~SHO~:~ t~asured from O~W~ } LA~SHO~: 50' {meaeure~ from O.H.W. I EXISTING ~/OR PROPOSED SETBACKS: -- F~ON~ = ~ ~ E / FRONT: N S E W SIDE: ~S , W ~ ,~ SIDE N - ~ ~/~/~ iIDGEWOOD RD · L ~GOC~ (101) - PROPOSED RESOLUTION #94- TO APPROVEsApNF~)PERATIONs PERMIT FOR WAGNER TECH CORPORATION 5306 SHORELINE DRIVE (BALBOA BUILDING) WHEREAS, Operation Permits are required by City Code for new businesses operating within the Balboa Building which is a Planned Industrial Area (PLA), approved by Resolution //85-87, and amended by Resolution //87-145, #87-205, and; WHEREAS, Wagner Spray Tech Corporation will maintain warehouse area of approximately 20,000 square feet storage, and; WHEREAS, items to be stored in the building include paint spraying and roller equipment for both consumer and commercial use. Storage will not include paints of any type, nor will it include hazardous or toxic substances, and; WHEREAS, the operation will involve I or 2 employees, and; WHEREAS, in the future the company may add an additional 12,000 square feet of warehouse storage space, and; WHEREAS, the proposed operation is consistent with the criteria for granting Operations Permits found in Section 350:680, Subd. 8 of the Mound Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve an Operations Permit for Wagner Spray Tech to establish warehouse storage in the Balboa Business Center subject to the following conditions: This permit is valid for up to 32,000 square feet of warehouse storage. The use of the warehouse area shall be in conformance with all applicable building, health and fire codes. J, I ,il ,i · , k Hoisington Koegler Group Inc. rnl ! PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: September 20, 1994 SUBJECT: Operations Permit - Warehouse Storage APPLICANT: Wagner Spray Tech Corporation CASE NUMBER: 94-69 HKG FILE NUMBER: 94-5x LOCATION: 5306 Shoreline Drive - Balboa Business Center EXISTING ZONING: I-1 (Planned Industrial Area) COMPREHENSIVE PLAN: Industrial BACKGROUND: Wagner Spray Tech Corporation is seeking approval of an Operations Permit to utilize 20,000 square feet of the Balboa Business Center for warehouse storage. Items to be stored in the building include paint spraying and roller equipment for both consumer and commercial use. Storage will not include paints of any type, nor will it include hazardous or toxic substances. The operation will involve 1 or 2 employees and in the future, the company may add an additional 12,000 square feet of warehouse storage. COMMENT: Wagner Spray Tech's use of the Balboa Business Center is consistent with the Mound Zoning Code. As proposed, it will be a very low intensity use with minimal employment and no storage of delivery vehicles on the property. RECOMMENDATION: Staff recommends that the Planning C°mmissi°n rec°mmend appr°val of the Operations Permit for Wagner Spray Tech to establish warehouse storage in the Balboa Business Center subject to the following conditions: This permit is valid for up to 32,000 square feet of warehouse storage. The use of the warehouse area shall be in conformance with all applicable building, health and fire codes. Land Use / Environmental ' Planning / Design 7300 Metro Boulevard / Suite 525 ' Minneapolis, Minnesota 55439 ' (612) 835-9960 · Fax: (612) 835-3160 Notify for City Council: Dick Gibson Director of Plant Operations WAGNER SPRAY TECH CORPORATION P.O. Box 9362 Minneapolis, MN 55440 Paul Bickford Welsh Companies, Inc. 8200 Normandale Blvd., Suite 200 Minneapolis, MN 55437 Denise Brown Welsh Companies, Inc. 6 Pine Tree Dr., Suite 380 Arden Hills, MN 55112 OPERATIONS PERMIT APPLICATION City of Mound, 5341Maywood Road, Mound, MN 55364 Phones 472-0600, FAX= if£cial.' I~ 472-0620 Operations Permit Fee= Bu£1di.~~..~_ ~leI by ODerations Permit:. Within any Planned Induitria Aria, no itructure or land shall be used for =hi useI liited within thi Zoning OrdinancI, Section 350:680, Subd. 6. (attached), ixcept by operationI permit. CritIria for granting operation permitI ii the iame as llited in Zoning OrdinancI Section 350=525, Subd. 1, A - L (attached). A11 operationI permiti muir be approved by ~hI City Coun¢il. Applicationl luit be receive4 ~woweekI prior to thi City Council meeting to allow time for itaff review. The City Council letI on the iecond and fourth Tuesday of each month. ThI City Council meetingI ari held at City Hall in the Council chamberI, and c/nee et 7:30 p.m. The applicant or a representative is encouraged to be present et the meeting. Section I - Applicant Information 1. Street ~:k]ress of Property 5306 Shoreline Driver Balboa Business Center 2. Legal Description of Property: hot N/A Block N/A Addition N/A PID No. 13-117-24-34-0096 Welsh Companies, Inc. as Receiver for 3. Owner's Name Balboa Minnesota Company, Inc. ~y Phone No. 897-7700 Address 8200 Normandale Blvd.~ Suite #200~ Minneapolis~ Minnesota 55437 4. Applicant ( if other ~mn owner): Name Wa~ner Spray Tech Corporation Day Phone No. 553-0759 Address 1770 Fernbrook Lane~ Plymouth~ Minnesota 55~47 Section 2 - Business Information Name of Business Total Floor Area Manufacturing Area Sales Floor Area Wa~ner Spray Tech Corporation 20~000 Sq.Ft. Office ~'ea 0 0 Warehouse Ar~a 20,000 S~.Ft. 0 Other (please specify) Describe Nature of Business Our main business at our Pl,vmouth Headquarters is manufacturing consum and commercial painting equipment. This facility will be used strictly for storage and not manufacturing. Wholesale X 4. Location (cite unit number or attach floor plan) 5. Number of Employees: 1st Shift 1 - 2 3rd Shift 0 6. Adjacent Uses (list businesses) Retail floorplan attached 2nd Shift 0 Toro, W.G. Anderson, Drop-Ship Exure_ss Section 3 - Business Operations Describe Products Produced or Services Offered (attach product brochures if available) paint sprayinE and roller equipment for both consumer and commercial use. o What types of materials will be shipped into and/or stored within the premises? excess inventory of paint sprayers, power washers, and paint rollinE equipment. No paints of any type. Will materials be shipped by: rail other (specify) semi truck X Will delivery vehicles be stored ~n the property? Yes No X If yes, attach site plan showing parking stalls as~'igned to d'eliver~ vehicles. Does the business plan future expansions at this location? Yes x No . If yes, describe amoult of anticipated expansion and timing. Possibly an additional 12~000 square feet of additional storage. Will the business require .any modifications to the exterior of the existing building including but not limited to doors, windows, overhead doors, cooling towers, HVAC units, etc? Yes No X . If yes, please described and attach a floor ~lan and exterior building elevation drawings. Will the proposed operation involve: Noise Generation: Yes No X . If yes, describe source and amoult Odor Generation: Yes source and amount No X · If yes, describe Toxic and/orHazardousWasteGeneration: Yes If yes, describe source and amount No X Provide a detailed listing of all chemicals which will be discharged into the sanitary sewer system, none Will the operation include either interior or exterior storage of bulk chemicals? Yes No X If yes, attach floor plan and/or site plan showing location and ~;scribe spill/leakage containment provisions. Other than chemicals, will the operation require outdoor storage of any materials? Yes No x . If yes, describe materials and attach site plan showing locations and {dentifying proposed screening by type and location. Section 4 - Certification I certify that all of the above statements and the statements contained in any required papers ar~ plarts to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or - - · required by law. Signature of Applicant ~ , ~.~ Date , Section 5 - City Review and Action~ Reviewed by: Building Official City Planner City Engineer Fire Chief City' Manager Other EXHIBIT "C" Improvements/Additional Space - t ~'$7 'AS BUILT' I SHORELINE DRIVE Icvl 3~ON V] ' 3]ddV .? ! 3Z37 PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR LAND ALTERATIONS (RIPRAP) ON DEVON COMMONS, DOCK SITE #43575, ABUTTING 4865 ISLAND VIEW DRIVE, LOTS 7 & 8, BLOCK 14, DEVON, WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, the applicant, Steve Swenson, is seeking a permit to install riprap along 80 lineal feet of shoreline on Devon Commons adjacent to his property at 4865 Island View Drive. The proposal is to replace existing red rock with field stone riprap that meet construction specifications of the DNR and Minnehaha Creek Watershed District (MCWD) using a licensed contractor registered with the MCWD, and; WHEREAS, this project will begin after the applicant has obtained pertinent permits from all governmental agencies. The planned work schedule, due to the access down a steep slope, would be to stack the existing red rock prior to winter (1994-1995) and then install the field stone when ice conditions will allow during February 1995. WHEREAS, the Park and Open Space Commission reviewed this request and recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to approve a Land Alterations Permit for riprapping, including the updating of the existing permits for the stairway, retaining walls, and vegetation as approved by Resolution #91-74. This permit is subject to the following conditions: A. The permit shall expire five (5) years from the date of City Council approval. All riprapping shall be done by a contractor who is licensed by the Minnehaha Creek Watershed District. Ce City staff shall be given a 48 hour notice (work days) of when the riprap work will commence, and shall also be notified when the work has been completed. Any restoration of vegetation or ground cover required as a result of the riprap work is the responsibility of the applicant. If any repairs are needed on existing encroachments (stairway, retaining wall, or vegetation), the applicant agrees to work with City staff to correct them. The applicant is responsible for all costs incurred with the installation of riprap and maintenance of existing encroachments. The riprap work must be completed within one (1) year of the date of City Council approval of the permit, or the applicant's dock license will not be issued until compliance has been achieved. J. A ,in MINUTES OF A MEETING OF THE MOUND ADVISORY. PARK AND OPEN SPACE COMMISSION SEPTEMBER 8, 1994 PUBLIC LANDS PERMIT FOR LAND ALTERATIONS {RIPRAP): STEPHEN SWENSON, 4865 ISLAND VIEW DRIVE, LOTS 7 & 8, BLOCK 14, DEVON, DOCK SITE #43575, D.EVO,~-~ COMMONS The applicant is seeking a permit to install riprap along 80 lineal feet of shoreline on Devon Commons adiacent to his property at 4865 Island View Drive. The proposal is to replace existing red rock with field stone riprap that meet construction specifications of the DNR and Minnehaha Creek Watershed District (MCWD) using a licensed contractor registered with the MCWD. This project will begin after the applicant has obtained pertinent permits from all governmental agencies. The planned work schedule, due to the access down a steep slope, would be to stack the existing red rock prior to winter (1994-1995)and then install the field stone when ice conditions will allow during February 1995. Staff recommended the Park Commission recommend approval of a Land Alterations Permit for Riprapping, including the updating of the existing permits for the stairway, retaining walls, and vegetation as approved by Resolution #91-74. This permit is subject to the following conditions: 1. The permit shall expire five (5) years from the date of City Council approval. 2. All riprapping shall be done by a contractor who is licensed by the Minnehaha Creek Watershed District. 3. City staff shall be given a 48 hour notice (work days) of when the riprap work will commence, and shall also be notified when the work has been completed. 4. Any restoration of vegetation or ground cover required as a result of the riprap work is the responsibility of the applicant. 5. If any repairs are needed on existing encroachments (stairway, retaining wall, or vegetation), the applicant agrees to work with City staff to correct them. 6. The applicant is responsible for all costs incurred with the installation of riprap and maintenance of existing encroachments. 7. The riprap work must be completed within one (1) year of the date of City Council approval of the permit, or the applicant's dock license will not be issued until compliance has been achieved. The applicant indicated that he agrees with staff's recommendation. The Commission discussed the differences between red rock and field stone. It was noted that field stone costs almost double. The difference in life expectancy between the different rocks is unknown. MOTION made by Byrnes, seconded by Geffre, to recommend approval as recommended by staff. Motion carried unanimously. Schmidt suggested that the Park Commission look into the benefits of changing the style of rock they use to rip rap the commons shoreline. It was suggested that the Parks Director do a cost study of the different types of rip rap materials and that it be reviewed at the next meeting. CITY OF. MOUND Memorandum 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: APPLICANT: September 8, 1994 Park and Open Space Commission Meeting Park & Open Space Commission, Applicants, and Staff Jim Fackler, Parks Director ~ LAND ALTERATIONS ON PUBL['C LANDS Stephen R. Swenson LOCATION: Dock Site #43575 on Devon Commons abutting 4865 Island View Drive, Lots 7 & 8, Block 14, Devon, PID #25-117-24 11 0039 Applicant's Request The applicant is seeking a permit to install riprap along 80 lineal feet of shoreline on Devon Commons adjacent to his property at 4865 Island View Drive. The proposal is to replace existing red rock with field stone riprap that meet construction specifications of the DNR and Minnehaha Creek Watershed District (MCWD) using a licensed contractor registered with the MCWD. This project will begin after the applicant has obtained pertinent permits from all governmental agencies. The planned work schedule, due to the access down a steep slope, would be to stack the existing red rock prior to winter (1994-1995) and then install the field stone when ice conditions will allow during February 1995. Staff Recommendation Staff recommends the Park Commission recommend approval of a Land Alterations Permit for Riprapping, include the updating of the existing permit for the stairway, retaining walls, and vegatation as approved by Resolution //91-74. This permit is subject to the following conditions: The permit shall expire five (5) years from the date of City Council approval. All riprapping shall be done by a contractor who is licensed by the Minnehaha Creek Watershed District. prmted on recycled paper Staff Report Swer~so~, ~ro5 ~s~ar~d ~/~ew l~r~ve September 8, 1994 Page 2 City staff shall be given a 48 hour notice (work days) of when the riprap work will commence, and shall also be notified when the work has been completed. Any restoration of vegetation or ground cover required as a result of the riprap work is the responsibility of the applicant. If any repairs are needed on existing encroachments (stairway, retaining wall, or vegetation), the applicant agrees to work with City staff to correct them. The applicant is responsible for all costs incurred with the installation of riprap and maintenance of existing encroachments. J The riprap work must be completed within one (1) year of the date of City Council approval of the permit, or the applicant's dock license will not be issued until compliance has been achieved. The abutting neighbors and dock site holders have been notified of this request. JF:pj cc' Jon Sutherland, Building Official ~evised 4/19/9.3 PUBLIC LAND PERMIT APPLICATION CITY OF MOUND, 5341 Maywood Road, Mound, MN Phone: 472-0600, Fax: 472-0620 Distribution: Building Official MCWD DNR LMCD TYPE OF APPLICATION (check one) 55364 Date Received Park Meeting Date_~,_~.._~ City Council Date_ CONSTRUCTION ON PUBLIC LAND PERMIT - new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOATHOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). PUBLIC LAND MAINTENANCE PERMIT - to a~low repairs to an existing structure (City Code Section 320, Subd. 3). CONTINUATION OF STRUCTURE - to anew an existing improvement to remain in an "as is" condition (City Code Section 320, Subd. 3). LAND ALTERATION - change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). like boathouses, patio sheds, etc. ara ail NONCONFORMINO USES. It is the intent of the City to bring ell these uses into conformance which means that those str~ctures will at some time in tho future have to be removed from the public lands. All permits granted are for a limited time, are non-transferable, and the structure must meet State Building Code. ADDRESS OF ABUTTING PROPERTY ~DITION C~SSIFICATION APPLIO~T'SN~E&ADDRESS (if different) CONTRACTOR PERFORMING WORK CO'~ CONTRACTOR'S ADDRESS ~Sb ~.~ CONTRACTOR' S LICENSE # ~4-oq PHONE# VA .UATIO./PRO.OSED COS zgna~re of applicant CITY OF MOUND Letter of Agreement 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 This agreement, by and between the City of Mound, 5341 Maywood , Road, Mound, Minnesota, hereinafter referred to as "city" and name of applicant(s) ' ap-plicant's address Mound, MN, hereinafter referred to as ,,Applicant", The City of Mound is aware that the applicant is seeking a permit from the DNR / Watershed, hereinafter referred to as "agency", to make the following improvements: The Applicant is not a representative of the city and is personally requesting the permit from the agency. The Applicant shall apply to the agency as an "apPlicant'' and list the City as the "owner" to ensure that t~e City is kept apprised of all actions during the permit process. when the agency has completed processing the application, the agency shall convey their recommendation to the city of Mound, and the City of Mound will complete the Public Lands Permit process. Signatures Applicant DATE city Manager DATE printed on recycled paper Certificate of Survey for Bruce W. Johnson of Lots 7 and 8, Block 14, Devon Hennepin County, Minnesota 80.00' ¢'~' ~(.~ £,is/;o9 '-. I hereby certify that this is a true and correct representation of a survey of the boundaries of Lots ? and 8, Block 14, Devon, and the location of buildings, if an.v, thereon. It does not purport to show any other improve- ments or encroachments. Scale' 1 inch : 30 feet Date · April 21, 1986 o ' Iron marker Spot elevation COFFIN & GRONBERG, INC. Mark S. Gronberg MN. Li'c. 1'40. 12755 Gordon R. Coffin I, iN. Lic. No. 6064 Engineers, Land Surveyors, P!anners Long Lake, Minnesota W ~C 1 132 May 28, 1991 RESOLUTION #91-74 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC LAND PERMIT FOR STEVE SWENSON TO REPLACE A STAIRWAY AND INSTALL TWO NEW RETAINING WALLS ON DEVON COMMONS ABUTTING HIS PROPERTY AT 4865 ISLAND VIEW DRIVE WHEREAS, Steve Swenson has requested permission to replace a stairway and install two retaining walls on Devon Commons abutting his property at 4865 Island View Drive, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote, for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons; and WHEREAS, the existing stairway is in an unsafe condition, and; WHEREAS, the proposed retaining walls will help prevent erosion which has exposed the roots of two large trees, and; WHEREAS, there are no other trees on the site that would need to be removed to allow these improvements, and; WHEREAs, this are of Devon Commons is not accessible to the public other than by water, and; WHEREAS, the Parks and Open Space Commission has reviewed this request and recommends approval of the Maintenance Permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: A Construction on Public Lands Permit is hereby granted to allow construction of a stairway and two retaining walls, according to the plans submitted, on Devon Commons abutting the property at 4865 Island View Drive. This construction shall meet Uniform Building Code requirements The foregoing resolution was moved by Councilmember Smith and seconded by Councilmember Jensen. I CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Memorandum DATE: TO: FROM: SUBJECT: September 21, 1994 Mayor and City Council Jim Fackler, Parks Director Jon Sutherland, Building Official REQUEST BY HOWARD HAGEDORN FOR A PUBLIC LAND PERMIT TO ALLOW TRIMMING OF VEGETATION ON WIOTA COMMONS ABUTTING 1749 AVOCET LANE, LOTS 15 & 16, BLOCK 9, DREAMWOOD, DOCK SITE #13630 On September 20, 1994 we met with Mr. Richard Indritz, representative for Mr. Howard Hagedorn. Staff reviewed the Shoreland Management Ordinance with Mr. Indritz and explained that limited clearing in shore and bluff impact zones is allowed if the structure remains adequately screened from the view from the water. The applicant's original application has therefore been modified, according to the attached proposed resolution. pJ 3 ;z- pr~nted on recycled paper PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A SPECIAL PERMIT TO ALLOW TRIMMING OF VEGETATION ON WIOTA COMMONS ABUTTING 174 AVOCET LANE, LOTS 15 & 16, BLOCK 9, DREAMWOOD DOCK SITE #13630 WHEREAS, Howard Hagedorn has applied for a Land Alteration Permit to allow trimming of Vegetation on Wiota Commons, abutting his property known as 1749 Avocet Lane, and; WHEREAS, City Code Section 320, requires City Council approval, by a four-fifths vote, for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, the City's Shoreland Management Ordinance allows limited clearing and trimming of vegetation on steep slopes to provide a view to the water from the principal dwelling site provided that screening of structures is not substantially reduced, and; WHEREAS, trees are allowed to be trimmed in a manner appropriate for removal of branches to benefit the trees. Healthy trees and plants with healthy root systems must remain intact to prevent erosion of the steep slope, and; WHEREAS, on August 13, 1991, the City Council approved a motion to allow trimming of trees and bushes at this same site, and; WHEREAS, Mr. Hagedorn is requesting permission to trim small trees, 2-3 inches in diameter - to a crown at the top and reduce underbrush in order to improve the view to the lake; and WHEREAS, the Public Land Use Plan classifies this area of commons to be a fishing area, community park, and a resident permit docking area, and; WHEREAS, the Park and Open Space Commission reviewed this request and recommended approval, with conditions and supervision by the Parks Director. Proposed Resolution Hagedorn Page 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to approve a Special Land Alteration Permit to allow the trimming of vegetation on Wiota Commons abutting 1748 Avocet Lane, Lots 15, and 16, Block 9, Dreamwood, Dock Site //13630, subject to the following Conditions: The trimming be performed in accordance to the attached plan, Exhibit A, so as to provide limited clearing in the shore and bluff impact zone to allow structures to remain adequately screened when viewed from the water and to allow the applicant partial view of Dock Site #13690. The trimming be performed by a licensed contractor during regular work hours 7:00 a.m. to 3:30 p.m., Monday through Friday. A 24 hour notice must be given to the City prior to work commencing. The Parks Director shall conduct on-site supervision of the trimming including a meeting with the applicant and the contractor prior to work commencing and will revisit the site as work progresses. Any deviation from agreed upon work will result in the immediate issuance of a stop work order for the trimming. Only one occasion for trimming is permitted. All trimming must be removed from the site and cost of removal and trimming is the applicant's responsibility. i ,,I .... k k~X~IBIT A CITY of MOUND 534~ MAYWOOD ROAD MOUND MINNESOTA 5536-~-687 i612,~ ,~72-0600 FAX ~612) 472-0620 July 26, 1994 Mr. Howard Hagedorn 1748 Avocet Lane Mound, MN 55364 SUBJECT: Public Land Permit Application for Trimming Vegetation Dear Mr. Hagedorn: As we discussed on the phone on July 25, 1994, the Parks and Planning Departments of the City have reviewed your proposed plan for trimming on Wiota Commons. Your plans are incomplete at this time, and additional information must be provided prior to City Council review of your application. At this time, your request has been removed from the July 26, 1994 City Council Agenda. Please review the comments, issues, and items listed below, and provide the additional information that is needed. It is important that your plans for trimming clearly identify what is proposed, in order to eliminate any misunderstanding. Plan provides a visual picture from the Hagedorn residence, and provides a panoramic view to the lake. This perspective is inconsistent with the Shoreland Management Ordinance (SMO) intent to provide for screening of structures when viewed from the water. Proposed clear sight line corridors are excessive and selected growth should be allowed. Plan provides a conceptual view. A specific plan must be provided that identifies location and species of trees approximately 2 inches in diameter and greater. Trees proposed to be removed and proposed to remain must be identified. This detail is needed in order to track the long term existence and growth of the trees. There are inconsistencies between the plan from 1991 and 1994. The plan from 1991 shows young trees in development stage that are approximately 2 to 3 inches in diameter, and the 1994 plans shows removal of these trees. ~ printed on recycled paper Mr. Howard Hagedorn July 26, 1994 Page 2 Between 1991 and 1994, three trees were planted as directed by the Parks Director. You have stated to the Building Official that these trees have died. Restoration of some kind should be proposed. The trees must be located for tracking on the plan. Please feel free to contact myself or Building Official, Jon Sutherland, directly if you have any questions. Once an acceptable plan has been provided that adequately details the existing and proposed conditions, we can proceed to the City Council for their consideration. Sincerely,~'~' Directo~'~ :Pi ~S~a~d~ Building Officia cc: Todd Halunen, Landscape Architect Landmark Design, Inc. 105 Orono Orchard Road Jon Long Lake, MN 55365 Sutherland, Building Official Ed Shukle, City Manager Richard Indritz, Attorney for Mr. Hagedorn MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JULY 14, 1994 .PUBLIC LAND PERMIT: REQUEST FOR TREE TRIMMING BY HOWARD HAGEDORN, AVOC~ I _LANE, WIOTA COMMONS, DOCK SITE #1363n Parks Director, Jim Fackler, reviewed the staff report. The applicant is seeking approval to trim trees and shrubs on Wiota Commons as detailed on the information provided with the application. The proposal would trim trees that are 2 to 3 inches in diameter to a crown at the top, and trim shrubs down to a height of 2 to 3 feet at the top of the hill, in order to open up clear sight lanes or corridors to the lake. In 1991 the Park Commission and Council approved a permit for trimming for this abutting owner. The permit included a plan from a professional landscape architect which was viewed by the Commission. A licensed tree trimmer was also required as part of the permit approval. Staff recommended the Park Commission recommend approval of a one time permit, and further that the applicant be required to submit an update of the 1991 plan from a landscape architect that is acceptable to staff prior to the City Council hearing of this request. Applicant, Howard Hagedorn, introduced Richard Indritz to speak on his behalf. Mr. Indritz explained that no trimming was done in 1991 after approval of that plan, and the plan from 1991 is no longer adequate to the applicant. Mr. Hagedorn is requesting permission to trim small branches of large trees, reduce underbrush in order to improve the view, and open the area to allow for growth of new trees and allow existing trees to grow. He stated that the applicant's are in accordance with the staff recommendation. Park & Open Space Commission Minutes July ]4, ] 994 The Commission clarified that the 1991 plan is not what the applicant is proposing. Mr. Indritz explained that what they are now proposing is to make it a more even trimming all the way across the entire width of the lot. The applicant has already contacted a landscape architect who is preparing a plan to be submitted to staff prior to the City Council meeting. Darling confirmed that the primary reason for the trimming is aesthetics and view of the lake. Geffre noted that when she visited the property, one of the tree limbs noted on the 1991 plan has been removed. Mr. Hagedorn confirmed that they did have some loss, and that one of the elm trees is almost dead and it should be removed. Geffre expressed a concern about clearing the vegetation in order to see their boat which was listed as a need on the application. The applicant's noted that it is anticipated that the boat will be able to be seen from the upper level deck if their plan is approved. Mr. Indritz explained that if there are trees exceeding 2 to 3 inches in diameter, they will only be trimmed to a crown, everything is not going to be removed. Darling questioned why approval was recommended. The Parks Director explained that limited trimming is allowed, some view should be permitted, according to the DNR's Shoreland Management Ordinance (SMO). The DNR's SMO suggests that limited clearing is permitted if the structure remains adequately screened when viewed from the water. Also, staff will require a meeting with the contractor prior to any trimming to ensure compliance to the plan, and staff will monitor the trimming while in progress. Darling reminded the Park Commission of some of the values they have been discussing relating to the public lands remaining in a natural state and what are the abutting owner's rights to alter the public land. Mr. Hagedorn referred to City Code Section 350:1200 which allows limited trimming, and confirmed with Darling that what he was referring to is not ordinance. Fackler referred to the Use Plan, which classifies this area of commons to be a fishing area, community park, and a resident permit docking area, and the areas which the City looks at harshly for trimming are the areas classified as nature areas. Mr. Indritz also emphasized that this commons area is dedicated to only those in the subdivision of Dreamwood. MOTION made by Byrnes to recommend approval of the trimming as recommended by staff, including the following stipulations: 1. The trimming be done by a licensed contractor. 2. The trimming be supervised by the Parks Director. Meyer seconded the Motion. Geffre expressed a concern about the proposed "corridor" as written in the application which will allow them to view their boat which she feels would take away from the natural look. The Hagedorn's commented on the vandalism done to their boat. 2 Park & Open Space Commission Minutes July 14, 1994 Byrnes commented that boats are expensive, and the City should be fair to these abutting property owners as they are expected to maintain the property and they should have every right, paying the taxes that they do, to see the lake. She does not think all the vegetation should be cut down, but if a plan is approved and the trimming is done by a reputable company and under the supervision of the Parks Director the trimming should be permitted. Darling commented that the motion is in direct conflict with the Commission's previous discussions relating to the values for the public land. Also, it has not been established that because you pay taxes that you have the right to do what you want on public lands. The Park Commission's responsibility is with the public. Meyer commented that he has faith in the City staff to keep the trimming down to a minimum. Chair Schmidt called for the question. MOTION carried 4 to 1. Those in favor were: Byrnes, Schmidt, Meyer, and Geffre. Darling was opposed to the motion. This request is scheduled to be heard by the City Council on July 26, 1994. PUBLIC LAND PERMIT APPLICATION CITY OF MOUND, 5341 Maywood Road. Mound, MN Phone: 472-0500, Fax: 472-0620 55364 OFFICIAL RECTOR DNR MCWD DATE RECEIVED__E~ PARK MEETING DATE CITY COUNCIL DAT check i one) - :CONSTRUCTION ON PUBLIC L~ND PERMIT - new construction. I ..I NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). PUBLIC ~14AINTEN/%NCE PERMIT - to allow repairs to an existing structure (City Code Section 320, Subd. 3). CONTINUATION OF STRUCTURE - to allow an existing improvement to remain in an "as is" condition (City Code Section 320, Subd. 3). L~ ALTERATION - change in shoreline, drainage, slope, trees, vee~ion, fill, etc. (City Code Section 320, Subd. 4). · · · 'st r.'~ work ¥o~ 2re re es~ng . like boat houses, patios, sheds, etc. are all NONCONFORMING USES. It Ks the intent of the Cit~ to bring all these uses into conformance which means that those structures will at some t~e in the future have to be removed from the p~lic lands. Ail pe~its are granted for a l~ited t~e and are non-transfer~le, stai~ay const~ction must meet the State Building ~de when the pe~it is for new construction, or a new pe~it is applied for due to change dock site holder. Applicant Name ~~ ~ ~W~c~D~ ~ ~ Address /gW/ ~~ ~ Abutting Legal Description ( home Address / 7 Owner ,/~ ~, (work Block Subd. Public Name Shoreline Type~ Property Dock site ~ Contractor Name ~ c~c~ /~-~ ~ ~ ~ess ~ Phone q~-- V~UATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & ~TERI~S): DESCRIBE REQUEST & p~POSE: ~~ ~-~:~ ~ ~ignature of Applican Date ( HARR ]] SONS {~$25.00 Day - Single Dance $200.00 yr.- Annual Dance Date of Single Dance / LICENSE # License Year Annual Danca CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC DANCE PERM'IT APPLICATION LOCATION OF DANCE: TYPE OF DANCE: TIME PERIOD OF DANCE: CHAIRPERSON OR vPUC rr: 'c-~. o e ~,",.. &, ,c,r~ ~, .%-7'~-',~c' ADDRESS: HOME PHONE #: WORK PHONE #: Date WORK PHONE #: ~l~pl~cant'~ Signature .Department APProval/Denial (Submit memo if denied) Approved Police Dept. Adm. Bldg. Dept. Fire Dept. Denied McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors P.,E:CEI. VED SEP 1 4 September 12, 1994 Mr. Edward J. Shukle Jr. City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: 1994 Lift Station Improvement Project MFRA #10555 Dear Ed: Enclosed is a request from Rice Lake Contracting to extend the completion date on their contract to November 18, 1994. The current contract calles for completion of the project by September 30, 1994. As mentioned in their letter the first shipment of pumps just arrived on site and they began installation last week. I have discussed this new schedule with Greg Skinner, Public Works Superintendent and we both agree that the extension as requested is appropriate. The extremely late delivery of the pumps from the manufacturer was beyond the contractors control. If you have any questions, or require additional information, please contact me. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:jb Enclosure cc: Greg Skinner, Mound Public Works Superintendent An Equal Opportunity Employer 3~17 RECEP 'EO SEP l.t RICE LAKE CONTRACTING ~COR~~ September 7, 1994 McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North Plymouth, MN 55447 A'FI'N: John R. Cameron RE: 1994 Lift Station Improvement Project- Mound, MN RLC Project No. 94-03 Gentlemen: We hereby request that the specified completion date be extended to November 18, 1994. This request is brought about by the extremely late delivery of the specified pumps. These pumps have just ardved on site in the last week. Our firm will now be on site until the project is completed. This completion date will allow for approximately two months to complete the work. If you have any questions, or require additional information, do not hesitate to contact' us. Since_rely, /~ Rice £ake Con~actiy~g Corp. Project Manager County Road 12, P.0. Box 517, Deerwood, MN 56444= Phone {218) 546-5519 - Fax {218) 546-7016 McCombs Frank Roos Associates, Inc. REC'D SEP 22_ 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone Engineers 612/476-6010 Planners 61 2/476-8532 FAX Surveyors July 19, 1994 Mr. Edward J. Shukle, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound, Minnesota 1994 Lift Station Improvements Payment Request No. 3 MFRA #10555 Dear Ed: Enclosed is Rice Lake Contracting's Payment Request No. 3 for work completed through September 16, 1994, on the subject project. The amount of this payment request is $104,051.60. We have reviewed this request, find that it is in order and recommend payment in the above amount to the Contractor. If you have any questions or need additional information, please contact us. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:pry Enclosures An Equal Opportunity Employer 0 0 0 ~0 0 0 0 0 ~'- -~ o~ 0000000000~ 0000000000 o ~. olo o o ~. =. ~. ~o ooooooooo oooooooooox~ 000000000000 0~000~0 o ~oI 0 0 0 0 0 X: 0 0 0 0 U 0 O BILLS ........ September 27, 1994 BATCH 4092 Total Bills $103,303.23 $103,303.23 III IIIIII C', > 3572, O I IIIllllllllll I II III I I J ! I I I I I I I I I ..... J l, ,I, , ll~ I ,11 U P Oo -o J CITY OF MOUND MOUND, MINNESOTA NOTICE OF ADVERTISEMENT FOR BIDS SNOW REMOVAL FROM PARKING LOTS IN CENTRAL BUSINESS DISTRICT MOUND, MINNESOTA The City of Mound Mil! receive bids at 5341Maywood Road, Mound, Minnesota until 11:00 AM on Monday, October 17, 1994 for snow removal from the Central 8usiness Oistrict parking lots and other .areas as designated. The successful bidder will be required to post a Performance Bond or Certified Check in the amount of $500.00~ The successful bidder must furnish liability of not less than $200,000 for each individual, $600,000 for each occurrence, and against liability for property damage of not less than $50,000 for each occurrence. The City reserves the 'right to reject any and all bids and waive any informalities. Bid forms may be obtained from Public Works, 5341Maywood Rd. Mound, Mn. Francene C. Clark City Clerk The Clty reserw,s Chh rlRhl lo re.jeer, nn¥ nn,I nil Bids, and waiw, n.¥ lnformn I t~: les. The successful bidder will nond the bill Ir~r nl.,v,' ~:,'~-ic~' I~, Ihf, (lily on a monr,hly basis. These bids are I.o be firm for Ihe Iqg_~_ seasorl. no Co I':()111 I'HENT & OI'I.:I{ATOI{ (llourly Rnlo) Front_ End Loaders: ( ~ r_o 5 yd. bucket.) I'r,r II(~llr Trucks: Single Axle, 5 yd. hex. Tandem Axle, lO yd. L~.sr. all oLher equipment Lo be tlsed for p;~rking lol snow retnovnl, hourly rar,e wir,h operator. Gent r;lc l.o r Address CITY OF MOUND MOUND, MINNESOTA CONTRACTED SNOW REMOVAL SPECIFICATIONS 1993-1994 Remove snow from designated parking lots and other specified areas as soon as possible after snow fall. Deposit snow as directed by Public Works. Any plowing to be done after March 1,1994 call Public Works Street Superintendent a__t 472-0638. Central Business District street and sidewalks as follows: a. West side of Co. Rd. #110, from 2365 Commerce Blvd. (Sherborne Bldg.) driveway north to Lynwood Blvd. b. East side of Co. Rd. 110, from Southside of 2372 Commerce Blvd. (Masonic Lodge) north to Lynwood Blvd. c. Northside of Co. Rd. #15, from Co. Rd. #110 east to Belmont Lane. d. Southside of Co. Rd. ~15, from Co. Rd. #110 to eastside of Post Office. Parking lots and alleys: a. 2365 Commerce Blvd. south and rear lots. b. Swift Insurance rear of store. c. 2345 Commerce Blvd. rear lot. d. 2313 Commerce Blvd. (Nekta Bldg.) rear lot. e o f g h i J k m. Parking lot south of railroad tracks, north of Co. Rd. #15, from Norwest Bank east to Belmont Lane. (across from Moy's) South side of 2316 Commerce Blvd. Auditors Road all, Co. Rd. #110 to Co. Rd. #15. Both lots, east and west of Post Office. Parking lot behind Dr. Lauers and Longpre's Bldg. 24 hour lot south of Auditors Road (gravel lot) Road and parking area west of 2339 Commerce (old bank). Masonic parking lot. Lot in front of Coast to Coast, Scotty B's, Brickley's Market and Westonka Jewelry west to Co. Rd. 110. Marion Road, all. MTC lot and around passenger loading station. 4. A Bid Bond or Certified Check Bid. CITY OF MOUND PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 CA SE NO. ~q4- 70 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW A CLASS IV RESTAURANT - NON-INTOXICATING LIQUOR SERVICE FOR HAPPY GARDEN AT 2212 COMMERCE BLVD. NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet i~ the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on D~~, November ~;, 1994 to consider a request by Happy Garden Restaurant to a,,llo..w Non-intoxicating Liquor Service, which is defined by the Mound Zoning Ordinance as follows: "Restaurants (Class IV) - Non-lntoxicatin~ Li(]uor Service Restaurant,-;. Restaurants where food, non-intoxicating liquors (i.e. 3.2 beer) and set- ups are served and consumed by customers while seated at a counter or table." This proposed restaurant is to be located at 2212 Commerce Blvd., legally described as: Lot 4, Block 1, Commerce Place, PID #13-117-24 33 0081. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard. Francene C. Clark, City Clerk Mailed to property owners within 350' by October 24, 1994, and published in "The Laker" on October 24, 1994. printed on recycled paper CITY OF MOUND BUDGET REVENUE REPORT August 1994 66.67% GENERAL FUND Taxes Business Licenses Non -Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Charges to Other Departments August 1994 YTD PERCENT BUDGET REVENUE REVENUE VARIANCE RECEIVED 1,231,780 0 611,71 0 (620,070) 49.66% 9,450 191 7,769 (1,681) 82.21% 59,850 5,844 70,925 11,075 118.50% 884,960 69,933 498,814 (386,146) 56.37% 49,500 949 8,955 (40,545) 18.09% 65,000 3,511 35,490 (29,51 0) 54.60% 60,800 12,748 26,334 (34,466) 43.31% 1 5,000 1,118 8,539 (6,461) 56.93% TOTAL REVENUE 2~376~340 94~294 1,268~ 536 (1,1 07,804) 53.38% FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND 308,817 11,883 208,981 (99,836) 67.67% 108,000 26,374 84,541 (23,459) 78.28% 1,300,000 123,639 890,306 (409,694) 68.49% 380,000 30,577 223,454 (156,546) 58.80% 680,000 57,340 447,587 (232,413) 65.82% 5,650 200 1,305 (4,345) 23.10% 72,000 325 72,578 578 100.80% 09/11/94 rev94 G.B. CITY OF MOUND BUDGET EXPENDITURES REPORT August 1994 66.67% GENERAL FUND Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets City Property Parks Summer Recreation Contingencies Transfers August 1994 YTD BUDGET EXPENSE EXPENSE 63,130 2,000 1,380 180,330 11,320 48,350 151,080 24 200 81 500 795 240 5 4O0 157 85O 397 520 102 860 136 620 33 930 40 000 134,240 1,769 36,063 0 0 0 621 12,592 111,671 293 3,758 49,808 50,163 10,307 94,165 859 13,776 5,875 58,7O7 56,346 480,870 0 1,388 11,685 92,415 18,961 230,359 4,334 61,694 14,098 85,637 0 475 27 3,874 10,027 80,214 VARIANCE 27,067 2,000 759 68,659 7,562 (1,e13) 56,915 1 0,424 22,793 314,370 4,012 65 435 167 161 41 166 50 983 33 455 36 126 54 026 PERCENT EXPENDED 57.12% 0.00% 45.00% 61.93% 33.20% 103.75% 62.33% 56.93% 72.03% 60.47% 25.70% 58.55% 57.95% 59.98% 62.68% 1.40% 9.69% 59.75% GENERAL FUND TOTAL 2~366~950 196~981 1 ~405~850 961 ~100 59.40% Area Fire Service Fund 240,190 9,733 131,982 1 08,208 54.95% Recycling Fund 1 04,330 14,675 92,444 11,886 88.61% Liquor Fund 190,840 13,783 126,758 64,082 66.42% Water Fund 834,990 206,391 445,096 389,894 53.31% Sewer Fund 1,390,280 227,627 834,430 555,850 60.02% Cemetery Fund 5,240 67 3,038 2,202 57.98% Docks Fund 53,680 2,483 38,356 15,324 71.45% exp94 09/11/94 G.B. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION SEPTEMBER 8, 1994 Present were: Chair Carolyn Schmidt, Vice Chair Tom Casey, Commissioners Marilyn Byrnes, 'Peter Meyer, David Steinbring, Janis Geffre, Mary Goode, and Bill Darling, Council Representative Andrea Ahrens, Parks Director Jim Fackler, Dock Inspector Tom McCaffrey, and Secretary Peggy James. The following persons were also in attendance: Jackie Meyer, Jim Glasoe, John and Michelle OIson, Karen Pederson, Rita Pederson, and LeAnne Pederson. MINUTES MOTION made by Byrnes, seconded by Meyer to approve the Park and Open Space Commission Minutes of August 11, 1994 as written. Motion carried unanimously. AGENDA CHANGES The following items were added to the agenda: Celebrate Summer Discussion: Editorial Regarding Refuse Containers in the Parks New Locations for Trash Containers PUBLIC LANDS PERMIT FOR LAND ALTERATIONS {RIPRAP): STEPHEN SWENSON, 4865 ISLAND VIEW DRIVE, LOTS 7 & 8, BLOCK 14, DEVON, DOCK SITE #43575, DEVON COMMONS The applicant is seeking a permit to install riprap along 80 lineal feet of shoreline on Devon Commons adjacent to his property at 4865 Island View Drive. The proposal is to replace existing red rock with field stone riprap that meet construction specifications of the DNR and Minnehaha Creek Watershed District (MCWD) using a licensed contractor registered with the MCWD. This project will begin after the applicant has obtained pertinent permits from all governmental agencies. The planned work schedule, due to the access down a steep slope, would be to stack the existing red rock prior to winter (1994-1995)and then install the field stone when ice conditions will allow during February 1995. Staff recommended the Park Commission recommend approval of a Land Alterations Permit for Riprapping, including the updating of the existing permits for the stairway, retaining walls, and vegetation as approved by Resolution //91-74. This permit is subject to the following conditions: The permit shall expire five (5) years from the date of City Council approval. All riprapping shall be done by a contractor who is licensed by the Minnehaha Creek Watershed District. Park & Open Space Commission Minutes September 8, 1994 City staff shall be given a 48 hour notice (work days) of when the riprap work will commence, and shall also be notified when the work has been completed. Any restoration of vegetation or ground cover required as a result of the riprap work is the responsibility of the applicant. o If any repairs are needed on existing encroachments (stairway, retaining wall, or vegetation), the applicant agrees to work with City staff to correct them. The applicant is responsible for all costs incurred with the installation of riprap and maintenance of existing encroachments. The riprap work must be completed within one (1) year of the date of City Council approval of the permit, or the applicant's dock license will not be issued until compliance has been achieved. The applicant indicated that he agrees with staff's recommendation. The Commission discussed the differences between red rock and field stone. It was noted that field stone costs almost double. The difference in life expectancy between the different rocks is unknown. MOTION made by Byrnes, seconded by Geffre, to recommend approval as recommended by staff. Motion carried unanimously. Schmidt suggested that the Park Commission look into the benefits of changing the style of rock they use to rip rap the commons shoreline. It was suggested that the Parks Director do a cost study of the different types of rip rap materials and that it be reviewed at the next meeting. REPORT ON SUMMER PARKS AND BEACHES PROGRAMS FROM COMMUNITY SERVICES_ Jim Glasoe, ex-Recreation Coordinator at Westonka Education and Community Services, announced to the Commission that as of mid-August he is no longer employed by the School District. Glasoe introduced Jackie Meyer, the on-site Parks Supervisor, to the Commission, and explained that the School has not yet hired his replacement. However, the new Recreation Director will present the 1994 year-end figures at the October 13, 1994 meeting. Jackie Meyer reported on the Parks Program 1994 season, and referred to her memorandum which was handed out by staff. Attendance figures were reviewed, and it was noted that Belmont Park and Highland Park had the lowest attendance. Total attendance has increased from 1993 and 1992. Jackie also highlighted some recommended changes for next year's program. The Park Commission determined to review the recommended changes again in the spring. Jim Glasoe reviewed the Lifeguard (Beach) Program. Attendance at Mound Bay Park and Centerview Beach were very high, and attendance at Pembroke and Wychwood was down. Glasoe recommended that the lifeguards remain at the same beaches next year, continuing roving lifeguards at Chester, Canary, and other small beaches. The lifeguard's over-time pay was briefly discussed, and it was noted that a there has been personnel changes in the 2 Park & Open Space Commission Minutes September 8, 1994 business administrative offices and over-time policies are now interpreted differently. Glasoe also touched on the topic of the lifeguard's pay schedule and noted that they have to pay the summer lifeguards the same as the lifeguards for the indoor pool in the winter. Also, the lifeguards received only a 2 to 3 percent raise this last year. It was determined that this could be discussed in March when the 1995 program is reviewed. ADD ON: CITIZENS'S CONCERNS AT WATERSIDE LANE Residents from two houses located adjacent to the Waterside Lane commons area informed the Commission that they have concerns and questions relating to the operations of the commons and the Commission's plans for this area. Their concerns included: The boats being docked on their commons have increased in size over the years, and bigger boats means more crowded docking and less view of the lake. They asked that the Commission look at the different commons to see if some areas are more conducive to docking larger boats. More apparatus is being used and stored on the shore, such as boat lifts and canopies. This apparatus adds to their concern about crowded docking and reduction of their lake view. Winter dock storage on the shoreline is a concern. Too many dock sections, and roll away docks are so big, they do not like to look at the docks being stored on shore all winter. If the topography was different where they could look over the apparatus on the shoreline it would be different, but their commons area is flat. The size of the boats should match the type of commons. What does resident fishing mean? They have had an influx of residents (not all necessarily Mound residents) fishing from their docks and the shoreline. Are they liable if someone trespasses onto their dock and gets hurt? The riprap discourages fishing from the shoreline, it is hard to walk on. The abutting owners mow the grass, but everybody else uses the property. Staff noted that this area is not a dedicated commons, it was dedicated for public use. Goode suggested designating one dock as a public fishing pier, and maybe this would help keep people off the private docks. She noted that this is also a problem at Carlson Park. Schmidt noted that the water patrol has stated that their are 100% more 27 foot boats using Lake Minnetonka than there were two years ago. The Commission determined that they should discuss at a future workshop how docks are stored and stacked, and review the different types of shoreline and review what is conducive to those areas, i.e. canopies, large boats, boat lifts, winter dock storage, etc. 3 Park & Open Space Commission Minutes September 8, 1994 WINTERFEST Geffre noted that she has tried to contact the Lions, however, has learned that she needs to make a presentation at a meeting and felt she needed more information before this could happen. Chair Schmidt informed the Commission that she discussed the proposed Winterfest with the City Manager, Ed Shukle, and he informed her that a City Commission should not sponsor an event such as this. The City Manager suggested that the Commission contact other local organizations such as the Jaycees, Lions, Chamber of Commerce, etc. The Commission decided to write letters to the local organizations explaining their Winterfest ideas to see if there is any interest. Darling offered to write the letter. WINTER DOCK STORAGE/REMOVAL "NOTICE" Council Representative, Andrea Ahrens, explained to the Commission that the Council was not in favor of the proposed "Notice" regarding winter dock storage, and that they suggested the Commission review Section 437' 10, Subd. 10., Winter Dock Storage. The Commission noted that this section requires that the boat lifts and docks be dismantled. The Commission noted that some areas may not be conducive to the storage of boat lifts and docks, such as the Waterside Lane area, and they suggested that staff submit a proposal for the Commission to review at the next meeting. The Parks Director stated that they will also provide the applicable ordinance sections for review at the next meeting. _GUIDELINES FOR PLANTINGS ON THE COMMON~ The Minutes from the City Council meeting relating to this issue were reviewed. The Parks Director noted that the Council will be discussing this issue at their next COW meeting and then it will be sent back to the Commission for further consideration. Discussion: Editorial Re.qardino Refuse Containers in the Park,-; Geffre questioned the Parks Director about an editorial that she saw in The Laker regarding trash containers being removed from the City Park. The Parks Director explained that he has discussed this issue with the author of the editorial, and noted that all the trash barrels, except one, have been removed from each park for the fall season. However, by mistake, all the trash barrels were removed from the park in question, and one has now been placed back in that park. Fackler noted that all trash containers will be removed at the end of September. New Locations for Trash Container.,- Marilyn Byrnes noted that there was no trash container at Wychwood Beach this summer; there was one located across the street, but it is dangerous for children to cross the street there. Fackler will move the trash container to the beach side of the road. 4 Park & Open Space Commission Minutes September 8, 1994 Celebrate Summer Marilyn Byrnes announced that the event planned on August 25th was rained out and has been rescheduied for Thursday, September 15th, at 6:30 at the Shirley Hills School. The Riverboat Ramblers will be performing. Workshop MeetinQ The Commission decided to wait until October to schedule a workshop meeting. City Council Representative's Report Ahrens had no further specific comments. Park Director's Report Jim reviewed the Park Department's recent activities to get ready for fall and winter. Ahrens requested a list of the locations where stairways are proposed to be constructed at commons access points. Dock Inspector's Report No specific comments. MOTION made by Schmidt, seconded by Goode to adjourn the Park and Open Space Commission Meeting at 9:20 p.m. Motion carried unanimously. 5 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION SEPTEMBER 12, 1994 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Bill Voss, Jerry Clapsaddle, Mark Hanus, Lisa Crum, and Ed Surko, City Council Representative Liz Jensen, Building Official Jon Sutherland and Secretary Peggy James. The following people were also in attendance: Elaine and Ron Gavin, Meyer Gold, Tod Holmberg, Greg Davey, Jeff Skelton, Dale and Lorell Becker, Tony Holmstrom, Dorothy Scholtz, Darlene Murphy, Mark Earhart, Helen Melsness, Denise Hanson, and Jerry Hanson. MINUTES The Planning Commission Minutes of August 22, 1994 were presented for approval. MOTION made by Hanus, seconded by Weiland to approve the Planning Commission Minutes of August 22, 1994 as written. Motion carried unanimously. CASE #94-68: _MEYER {MIKE) GOLD, 5395 BAYWOOD SHORES DRIVE, LOTS 15 & 16, .BLOCK 6, REPLAT OF HARRISON SHORES. REQUEST TO VACATE A PORTION OF TH! ..ADJACENT CUL-DE-SAC. PUBLIC HEARING Building Official, Jon Sutherland, reviewed the staff report. The applicant is requesting a vacation of a portion of the cul-de-sac on Baywood Shores Drive. The existing radius of the cul-de-sac is 80 feet wide which exceeds the City's standards by 20 feet, and the request is to vacate 10 feet. The additional 10 feet would not be required for future street improvements and is not presently used for street purposes. Responses received from the utility companies and City departments have been positive. Minnegasco, however, has requested an easement be maintained as there is a gas line in a portion of the right-of-way to be vacated. Staff recommended the Planning Commission recommend approval to vacate the 10 foot portion of the cul-de-sac known as Baywood Shores Drive, according to the City Engineer's memorandum dated September 7, 1994. Approval of this request will add vacated property to the neighboring parcels who are not part of this request. The City Engineer recommended that the City retain a drainage and utility easement over the 10 feet proposed to be vacated. The present platting regulations require 10 foot wide drainage and utility easements adjacent to all street right-of-ways. Sutherland confirmed for the Commission that the balance of the lots on this cul-de-sac will not become buildable by gaining 10 feet. Planning Commission Minutes September 12, 1994 Mueller expressed a concern about the process and costs involved for the owners of the other lots in the cul-de-sac in order to attached this vacated portion to their property. He questioned if separate legal descriptions need to be drafted and recorded for each parcel, and who would do this. Chair Michael opened the public hearing. Greg Davey and Jeff Skelton, both owners of lots on the cul-de-sac, spoke in favor of the vacation. Chair Michael closed the public hearing. MOTION made by Clapsaddle, seconded by Voss, to recommend approval of the street vacation, as requested, with the exception that a drainage and utility easement be retained over the portion being vacated. Also, clarification from the City Attorney is requested regarding implications that may be placed on the owners of the other properties abutting the subject vacated portion of the street (i.e. costs for updating legal descriptions for each parcel, potential title problems). MOTION CARRIED UNANIMOUSLY. This request will be heard by the City Council on September 27, 1994. CASE #94-62: LARRY MELSNESS, 2612 WlLSHIRE BLVD., LOT 2, REARRANGEMENT OF BLOCK 7, SHIRLEY HILLS UNIT B, PID #24-117-24 12 0009. VARIANCE FO~ CONFORMING PORCH. Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to both Channel Road and Wilshire Blvd., and side yard setbacks of 10 feet. The applicant is seeking a variance to recognize existing nonconforming setbacks to the attached garage in order to construct a 10' x 10' sunroom that is conforming. All other aspects are conforming. The nonconforming garage is in good condition, was issued a permit to be constructed, and it is unlikely it will be removed at this time. Staff recommended the Planning Commission recommend approval of a variance to recognize the existing nonconforming front yard setback of 20 feet, resulting in a 10 foot variance to the required 30 foot setback, in order to construct a conforming 10' x 10' sunroom as shown on the survey dated May 10, 1961. 2 $85? Planning Commission Minutes September 12, 1994 Concern about the accuracy of the survey was noted. The Building Official commented that since a permit was issued for the nonconforming garage, and proposed porch is totally conforming, he did not feel a new survey was necessary, in this case. The Commission noted that the platted Channel Road is actually being utilized as a driveway, and therefore, the impact of the nonconforming setback is reduced. MOTION made by Mueller, seconded by Hanus to recommend approval of the variance request as recommended by staff. MOTION CARRIED UNANIMOUSLY. This case will be heard by the City Council on September 14, 1994. .CASE #94-63: RON GAVIN, 5000 ENCHANTED ROAD, LOT 1, BLOCK SHADYWOOD POINT, PID #13-117-24 11 0069. VARIANCE FOR PORCH AND DECK Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R- lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet to Enchanted Road, a front yard setback of 10 feet to Heron Lane, a 6 foot side yard setback and a 50 foot setback to the ordinary high water. The applicant is seeking a variance to recognize the existing nonconforming setbacks as listed below in order to construct a porch and deck. A portion of the new deck is nonconforming to the required 10 foot setback to the unimproved Heron Lane. The porch is conforming to setbacks. Existing/ Re(~uired Proposed Variance House (Heron) 1 O' 6.5' 3.5' Deck (Heron) 1 O' 6.5' 3.5' Shed (Enchanted) 20' 18.2' 1.8' The impervious surface coverage on this site is more than 30 percent, but less than the 40 percent with conditions allowable by our recent ordinance change. Due to this site's topography all stormwater is effectively managed by the 51 feet of green space between structure and the lake. In October of 1993 a variance for a garage was denied by Resolution #90-938. It appears the storage shed has since been constructed in its nonconforming location. 3 Planning Commission Minutes September 12, 1994 Staff recommended approval of the variance request to allow construction of the deck and porch, as proposed, subject to proper permits being obtained for the shed and it be relocated to conforming setbacks. The applicant stated that the shed was constructed in 1991 or 1992. The Commission noted that the shed, if less than 120 square feet, would not require a permit, but must still meet setbacks, and this shed exceeds the 120 square foot maximum when the roof overhang is included in the calculation. The applicant is willing to comply to this condition. The Commission noted that the deck, or dock, at the shoreline encroaches into the platted Heron Lane, and that this encroachment should be removed. The Building Official commented that landings, not exceeding 32 square feet, are allowed within 50 feet of the lake, and water oriented structures are also permitted but must be setbacks. MOTION made by Mueller, seconded by Clapsaddle, to recommend approval of the variance to allow construction of a deck and porch as requested, subject to the following conditions: A building permit be obtained for the shed, and the shed be relocated to a conforming locations. The deck/dock encroachment into Heron Lane be removed, and the balance of it be relocated into a conforming location. MOTION CARRIED UNANIMOUSLY. This case will be heard by the City Council on September 27, 1994. CASE #94-64: MARK EARHART {CONTRACTOR), 4913 THREE POINTS BLVD., LOT 4, BLOCK 4, SHADYWOOD POINT, PID #13-117-24 11 0009. VARIANCE FOR ADDITION. Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R- lA Zoning District, which requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet, side yard setbacks of 6 feet, and a 50 foot setback to the ordinary high water. The applicant is seeking a variance to recognize the existing nonconforming lake setback and impervious surface coverage in order to construct a room addition and a screen porch. The addition and porch, as proposed, are nonconforming to the side yard by I foot. The porch follows the existing lakeside footprint and does not further encroach into the 43 foot lake setback. Impervious surface is over at 47 percent. A portion of the driveway (320 square feet) is proposed to be removed. This removal will not have a significant impact on the existing situation that is very effective in managing and filtering the storm water on this site. 4 Planning Commission Minutes September 12, 1994 Staff met with the owner on-site and discussed the issue of building into the required setback. The owner was not opposed to constructing the additions with a conforming 6 foot side yard setback. Staff recommended the Planning Commission recommend approval of a variance to recognize the existing nonconforming conditions to allow construction of a room and porch addition that will encroach no further than the existing 43 foot lakeshore setback and will be conforming to the required 6 foot side yard setback Existing/ ~ Variance House (lakeside) 50' 43' 7' House (north side) 6' 5' 1' Hardcover 2,442/40% 2,892/47% 450/7% The Building Official stressed that the existing stormwater drainage system on this property is exceptional. The Commission noted that the gutters on the house are imperative to maintain good drainage on this property. It was would would questioned if the removal of the 320 square feet of driveway, as suggested by staff, negatively impact the drainage. The Building Official does not believe the drainage be affected. MOTION made by Mueller, seconded by Clapsaddle, to recommend approval of the variance request, as recommended by staff. MOTION CARRIED 8 -1. Those in favor were: Clapsaddle, Mueller, Crum, Michael, Voss, Hanus, Surko, and Jensen. Weiland opposed. Weiland noted that he did not vote in favor because he would prefer to see a portion of the driveway removed. Hanus confirmed that if the 320 square feet of hardcover were removed, the property would still not meet 40 percent hardcover. This case will be heard by the City Council on September 27, 1994. CASE #94-65: JOHN AUSTIN (CONTRACTOR),2700WESTEDGE BLVD., LOT 1, BLOCK 2, BATDORF'S FIRST ADDITION, PID #23-117-2424 0029. VARIANCE FOR ADDITION Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to both Westedge Blvd. and Beachwood Road, a 10 foot side yard setback, and a 5 Planning Commission Minutes September 12, 1994 15 foot rear yard setback. The applicant is seeking a variance to recognize the existing nonconforming front yard setback of 23.6 feet to the required 30 feet, in order to construct a fully conforming 18' x 14' one story family room addition. A variance for the nonconforming front setback was granted on April 24, 1990 to allow construction of a garage addition. The proposed addition is conforming and is a reasonable use of the property. All other aspects are conforming. Staff recommended the Planning Commission recommend approval of the variance to recognize an existing nonconforming 23.6 foot front yard setback to allow construction of a conforming addition. MOTION made by Voss, seconded by Hanus, to recommend approval of the variance request as recommended by staff. MOTION CARRIED UNANIMOUSLY. This request will be heard by the City Council on September 27, 1994. CASE #94-66: RICK HANSON, 2710 WESTEDGE BLVD., PART OF GOV'T. LOT 3, SECTION 23, PID #23-117-2424 0008. VARIANCE FOR DETACHED GARAGE. Building Official, Jori Sutherland, reviewed the staff report. This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet to Westedge Blvd., a front yard setback of 20 feet to Evergreen Road, a 10 foot side yard setback, and a 15 foot rear yard setback. The applicant is seeking a variance to recognize the nonconforming lot area of 8,205 square feet, resulting in a variance of 1,795 square feet, to allow the construction of a 24' x 24' detached garage that will be conforming to setbacks. Setbacks and lot area are measured to the easement lines (note Lot Line definition, Zoning Code Section 350:31 O, Subd. 80). All other aspects of this case are conforming. The City has, in the past, supported the construction of garages to ease the accumulation of exterior storage. Staff recommended the Planning Commission recommend approval of the lot area variance to allow construction of a conforming 24' x 24' detached garage. Weiland commented that he is in favor of waiving the fee, as requested by the applicant. The applicant questioned if it would be possible to receive a perpetual variance for this lot, so that in the future if they wish to add onto the house they would not have to go through this process again. The Building Official indicated that as the code is written today, that could not happen. (Weiland was excused from the meeting.) 6 Planning Commission Minutes September 12, 1994 The Commission questioned the interpretation of staff relating to the street easements and if the lot area should not include the easement area, and where should setbacks be measured to. It was suggested that the applicant could look into vacating a portion of the easement. MOTION made by Voss, seconded by Clapsaddle, to recommend approval of the variance as recommended by staff. MOTION CARRIED UNANIMOUSLY. Waiving the fee was discussed. Voss stated that he does not feel it is the Planning Commissions role to make recommendations relating to fees, and it should be the applicant's responsibility to try to rectify the nonconforming situation. MOTION made by Mueller, seconded by Hanus to recommended to the City Council that the fee be waived because the lot area could be construed differently and a variance may not have been required. Clarification from the City Attorney is also requested relating to the determination of the lot area, ownership of the easement, and setbacks. MOTION CARRIED 6 - 2. Those in favor were: Mueller, Hanus, Clapsaddle, Crum, Surko, and Michael. Voss and Jensen opposed. Jensen stated that she is uncomfortable with statements made indicating that due to previous actions by the City that the fee should be waived. This request will be heard by the City Council on September 27, 1994. CASE #94-67: TONY HOLMSTROM (CONTRACTOR}, :3128 PRIEST LANE, LOT .BLOCK 2, HIGHLAND SHORES, PID #23-117-2434 0077. VARIANCE FOR DECK. Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R-1 Zoning District, which requires a minimum lot area of 10,000 square feet, a front yard setback of 30 feet, side yard setbacks of 10 feet, and a 50 foot setback to the ordinary high water. The applicant is seeking an after-the-fact variance to recognize the existing nonconforming front yard setback in order to gain approval of the nonconforming decks that have been re- constructed without a permit. Due to the layout of the existing patio doors and the pre-existing access pattern for the house, the 4 foot deck section appears to be a needed and reasonable use of the property. The bulk of the deck is set off to the side, minimizing the nonconforming impact to some degree. It is unfortunate to have an after-the-fact situation, and this does not give staff the opportunity to evaluate and assist the applicant with other possible options. However, the decks as installed appear to be a reasonable use of the property with the deck on the lakeside being minimized by narrowing it down to 4 feet and by the majority of the deck being offset to the side of the house. 7 Planning Commission Minutes September 12, 1994 Staff recommended the Planning Commission recommend approval of the after the fact request to re-construct the decks as shown on the survey dated 6-18-93, The Commission noted that there is a shed on the property that is not shown on the survey. The Building Official confirmed that it may not meet the required setbacks, however, it does not encroach into the setbacks any further that the existing dwelling. MOTION made by Clapsaddle, seconded by Crum, to recommend approval of the variance as recommended by staff. MOTION CARRIED UNANIMOUSLY. This case will be heard by the City Council on September 27, 1994. CITY COUNCIL REPRESENTATIVE'S REPORT Liz Jensen reviewed the City Council meeting of August 23, 1994, and the agenda for the September 14, 1994 meeting. Mueller questioned why the Planning Commission did not have the opportunity to review the Pelican Point EAW. Jensen will check into this. A Planning Commission dinner for 1994 was briefly discussed. MOTION made by Voss, seconded by Michael, to adjourn the meeting at 9:35 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: 8 REO'D SEP '94 MINUTE8 OF SPECIAL MEETING OF AUGUST 11v 1994 MINNEHAHACREEK WATERSHEDDISTRICT BOARD OF MANAGERS The special meeting of the Board of Managers of the Minnehaha Creek Watershed District was called to order by Chairman Maple at 4:00 p.m. on Thursday, August, 11, 1994 at the Minnetonka City Hall, Minnetonka, Minnesota. Managers present: Maple, Love, LaBounty, Blixt, and Thomas. Hartfiel, Lindley, Managers absent: None. Also present were Board advisors Louis Smith, Mike Panzer, Dan Parks, and Administrator Ellen Sones. ADDroval of the Agend- It was moved by Manager Thomas, seconded by Manager LaBounty, to approve the agenda. Upon vote, the motion carried unanimously. Approval o~ Permit Applications It was moved by Manager Thomas, seconded by Manager LaBounty, that the following permits be issued, based upon recommendations of staff that the applications were complete and found to be in compliance with the District's rules: 94-139, Peter Glint; and .94- 141. Ralph Stil]~an. Upon vote, the motion was unanimously approved. Gleason Lake Improvement Project Mr. Dick Steiner stated that he lives adjacent to Gleason Lake and has noted that carp are now present in the lake. Mr. Steiner further stated that prior to the construction of the outlet on the lake, there were no carp present. Chairman Maple stated tha~ he had recently met with staff from the Fish and Wildlife Division of the Department of Natural Resources who have been made aware of the fact that carp are present in Gleason Lake. Chairman Maple further stated that the District will forward the information relayed by Mr. Steiner to the DNR for further investigation. Ms. Sones stated that she has been contacted by the president of the Northshore Townhomes Association who has requested that a (8/11/94) District representative attend the next meeting of their association to discuss the Phase II pond project, chairman Maple requested that Ms. Sones contact the association and assure them that a representative from the District will be present at their next meeting. Mr. Parks distributed and reviewed a summary of construction costs for the project. Mr. Smith noted that he has reviewed all construction documents and will forward correspondence to the City of Wayzata concerning the final accounting for the project at the Board's direction. It was moved by Manager LaBounty, seconded by Manager Love, to direct counsel to forward correspondence and final construction cost documents to the city of Wayzata. Upon vote, the motion carried. Long Lake Tmprov~ment Project Chairman Maple noted that the Managers had all received a resolution from the City of Long Lake which demonstrates that the city is in support of the project. Chairman Maple stated that the District will be meeting with representatives from the cities of Orono and Medina in anticipation of receiving similar resolutions. Mr. Panzer stated that a draft copy of the Feasibility Report for the project will be distributed next week for review. Mr. Panzer further stated that he anticipates a 30 day comment period and a final version of the report made available at the regularly scheduled Board meeting in September. Filming of Minnehaha Creek Chairman Maple requested that the agenda be amended to hear from representatives from the Minnesota Film Board concerning the filming of a movie on Minnehaha Creek. Mr. Randy Adamseck, Executive Director of the Minnesota Film Board, stated the Board's responsiDility is to bring the filming industry to Minnesota and that the Board is currently coordinating the film production of the movie "The Cure". Mr. Adamseck noted that certain portions of Minnehaha Creek have been determined to be suitable for the filming of the movie. Mr. Bob Metcraft, location Manager for the filming, requested that the Board authorize the opening of the Grays Bay control structure in order to provide adequate flows through Minnehaha Creek during the filming of the movie. Mr. Metcraft stated that the film locations would be in the cities of Edina and Minneapolis Board Hinutes 2 (8/11/9&) and anticipated that the filming would take place within the next two weeks. Mr. Panzer briefly reviewed the operational plan for the Grays Bay dam which regulates the flow through Minnehaha Creek, noting that the plan was approved by the DNR and requires that the District place limitations on the discharge of water from the control structure based upon the time of the year and the elevation of Lake Minnetonka. Mr. Panzer stated that the District has some range of flexibility in how much water can be discharged providing the lake remains above a certain elevation for this time of year. After some discussion, it was moved by Manager Blixt, seconded by Manager Love, to direct engineering staff to prepare and submit a request for a temporary amendment to the Grays Bay control structure's operational plan to the Department of Natural Resources in anticipation of the filming of the "The Cure" within the next two weeks. Upon vote, the motion was unanimously approved. Chain of Lakes Pro~ec~ Mr. Smith reported that the Mayor of Minneapolis held a summit meeting with those agencies associated with the project. Mr. Smith stated that the Cooperative Agreement was discussed and that several amendments to the agreement were suggested, namely the development of public communication and citizen's advisory committees. Mr. Smith further stated that the City of Minneapolis has expressed their committment to providing a street sweeping program as part of the agreement for a period of six years. Mr. Smith noted that, bacause the city will provide street sweeping for six years, the duration of the cooperative agreement will be amended to be in affect for six years. After some discussion, it was moved by Manager Love, seconded by Manager Blixt, to approve the proposed amendments to the draft cooperative agreement as outlined by counsel Upon vote, the motion carried. ' Mr. David Klopp commended the District on their-efforts to improve the water quality of the Chain of Lakes. Mr. Klopp stated that his neighborhood group has identified some water quality issues relating to the Ewing wetland development site where degradation of groundwater is a concern and requested that the Board consider testimony from professionals who specialize in groundwater quality when the Board reviews the Cedar Lake Place permit application. Manager Blixt stated that the District has limited regulatory jurisdiction over the project and is reviewing the development project from a surface water management and wetland alteration perspective. Manager Blixt requested that Mr. Klopp submit any #C~ B~rd #i~t~ 3 information he may have about the Cedar Lake Place development site for the District's review. Unfinished Business Ms. Sones distributed a draft version of a bumper sticker which the Minneapolis Park and Recreation Board would like to utilize for educational purposes for the Chain of Lake project. Manager Love suggested that the bumper sticker be reviewed by the Public Communication's Committee before it is printed for distribution. Chairman Maple offered to contact the Minneapolis Park and Recreation Board to discuss the matter further. Ms. Sones reported that a Twin Lakes subwatershed tour has been scheduled for next Thursday to be held during the lunch hour. Manager LaBounty stated that he will be meeting with City of Minnetonka administrative staff to discuss whether the District may continue to utilize the city's facilities for District meetings. Ad~our~ment There being no further business before the Board of Managers, the meeting was adjourned at 6:00 p.m. Respectfully submitted, EBS John E. Thomas, Secretary Board #inures 4 ¢8/11/9&) MINUTES OF REGULAR MEETING OF August 25, 1994 MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS The regular meeting of the Board of Managers of the Minnehaha Creek Watershed District was called to order by Chairman Maple at 7:30 p.m. on Thursday, August 25, 1994 at the Minnetonka City Hall, Minnetonka, Minnesota. Managers present: Blixt, and Thomas. Maple, Love, Lindley, Hartfiel, LaBounty, Managers absent: None. Also present were Board advisors, Smith, Panzer, Syverson and Administrator Sones. Approval of Aqenda It was moved by Manager Love, seconded by Manager LaBounty, that the agenda be approved as distributed. Upon vote the motion carried. ' ADDrov&~ of Minutes of Special Meetinq The Managers reviewed the minutes of the special meeting of July 14, 1994. It was moved by Manager LaBounty, seconded by Manager Love, that the minutes of the July 14, 1994 meeting be approved. Upon vote, the minutes were unanimously approved. Approval of Minutes of Reqular Meeting The Managers reviewed the minutes of the regular meeting of July 28, 1994. It was moved by Manager LaBounty, seconded by Manager Love, that the minutes of the July 28, 1994 meeting be approved. Upon vote, the minutes were unanimously approved. Gleason Creek Improvement Projec~ Mr. Smith reported that he had prepared a letter to be submitted to the City of Wayzata concerning the final cost resolution for the project. Mr. Smith requested that the Managers review the letter and forward any comments they might have to him before it is forwarded to the city. Board #inures (0~i~519~) Mr. Smith also requested that the Board authorize the issuance of a check to the City of Wayzata for final payment of the District's portion of the project. It was moved by Manager Love, seconded by Manager LaBounty, to authorize the issuance of a check to the City of Wayzata in the amount of $257,800. Upon vote, the motion was unanimously approved. Lonq Lake Improvement Pro~ect Mr. Panzer reported that the Technical Advisory Committee had met on August 24, 1994 and that staff has made presentations to the city councils of Medina, Orono, and Long Lake about the project. Mr. Panzer further reported that the cities of Medina and Long Lake have expressed their conceptual support for the project through adoption of resolutions. Mr. Panzer stated that a draft feasibility report had been distributed to the Technical Advisory Committee who will respond with comments by September 9th. Manager Hartfiel stated that Mr. Smith will be preparing draft cooperative agreements to be forwarded to the constituent cities for their review and approval. Cha~ of Lakes Pro~eot Mr. Panzer stated that a draft feasibility report for the Chain of Lakes project has been prepared and is available for review by the Managers. Mr. Panzer stated that he will be distributing the draft feasibility report to members of the Technical Advisory Committee pursuant to the cooperative agreement for the project. Mr. Smith reported that the cooperative agreement is in its final stages of development and should be ready for execution during the month of September. ~gproval of Permit ~DDlications It was moved by Manager Love, seconded by Manager Blixt, that the following permits be issued, based upon recommendations of staff that the applications were complete and found to be in compliance with the District's rules: 94-134, City of Minnetonka: 94-147, Ms. Henry Neumann; 94-%49, Cemstone Products Co.; 94-150. Independent School District ~270; 94-151, Lake Minnetonka Sailinq School; 94-~52, Bruce Olson; 94-154, City of Mound; 94-156, David ca~son companies; 94-157, coffman Development Co.; and 94-%58, Gerald Fenstad. Upon vote, the motion was approved with Chairman Maple abstaining from vote on permit application 94-151, Lake Minnetonka Sailing School due to a personal interest in the application. #CI~D Board Hinutes (08/25/94) It was moved by Manager Love, seconded by Manager LaBounty to approve permit application 94-148. Deer Run Neiqhborhood, Inc. based upon staff recommendation that the application was complete and found to be in compliance with District rules. Upon vote, the motion carried with Manager Lindley abstaining from vote due to a personal interest in the application. Tablinq of Permit &ppl~cation, It was moved by Manager Love, seconded by Manager Blixt, that the following applications be tabled, based upon staff recommendation that all necessary documents had not been provided as necessary for staff review: 94-99, Craiq and Katherine NaleD and 94-105, Haymaker Construction. Upon vote, the motion carried unanimously. Hear~nq of Permit &pplications 94-110, Halley's Custom Homes -- Stormwater manaqement Dla~% involvinq development of a 10-lot subdivision called "Cedar Lak( Place". Manager Love noted that the District had previously reviewed and issued an "after-the-fact,, permit for a project in the City of Minnetonka where Halley's Custom Homes was the applicant and where inadequately installed erosion control measures were an issue. After some discussion about the adequacy of the erosion control and restoration plan proposed by the applicant for the project site, it was moved by Manager Love, seconded by Manager Lindley, to table the permit application pending receipt and staff approval of a detailed erosion control and restoration plan. Upon vote, the motion was unanimously approved. Chairman Maple stated that the Board would hear from one spokesperson for the group opposed to the permit application and to limit testimony from the spokesperson to three minutes. Chairman Maple also stated that the Board would hear from the applicant or his representative but to limit discussion to three minutes as well. Manager Love requested that the Chair consider keeping the public record open for written'correspondence for a period of five days. Mr. Panzer stated that the permit application has been reviewed as it relates to the District,s wetland alteration and stormwater management rules. Mr. Panzer stated that it has been determined that there will be no wetland impact as a result of the project and that District staff is reviewing those aspects of the project which deal with stormwater management at this time. Mr. #C~I~ Board #~nu~es 3 (08/25/9&) Panzer further stated that the applicant has submitted information which meets the District's stormwater management requirements but will need to submit additional information on erosion control and a restoration plan. Mr. Jim Orr, engineer for the applicant, noted that Mr. Halley has not submitted an application to the City of St. Louis Park for additional residential lots which are located adjacent to the proposed Minneapolis development site and does not intend to develop those lots during any time in the near future. Ms. Nancy Gibson, resident of the City of Minneapolis, commended the Board on their decision to table the permit application at this time. Ms. Gibson stated that she and other concerned individuals are disturbed by the applicant's history as a reputable developer. Ms. Gibson relayed her concern about the possibility of their being a groundwater connection between the wetland on the proposed development site and Cedar Lake. Ms. Gibson inquired as to when the next Board meeting would be held to review the permit application. Chairman Maple stated that the next Board meeting will be held in two weeks and that notice of that meeting will be sent out. Chairman Maple provided several copies of the Watershed's Approach to the Minneapolis Chain of Lakes project to Ms. Gibson as the spokesperson for the group. 94-136, David Seqal/Enterprise Properties, Ltd. -- Stormwater manaqement plan involvinq development of residential subdivision called "Woods of St. Boni". Mr. Syverson recommended that the permit application be approved pending receipt of four items listed in the engineer's report which included further documentation on how the Wetland Conservation Act sequencing requirements have been addressed. Manager LaBounty stated his concern that the permit application is not complete at this time due to the fact that additional information is still needed on wetland sequencing for the project. It was moved by Manager Blixt, seconded by Manager LaBounty, to table the permit application pending receipt and staff approval of those items listed in the engineers report. Upon vote, the motion was unanimously approved. (08/25/94) 94-146, Northern States Power Company -- Stream crossin~ involving placement of utilities to access a development called "Creekside in Minnetonka". Manager Lindley stated his concern that this permit application for placement of utilities was not considered at the time when the Board reviewed the permit application for the "Creekside in Minnetonka" development. Manager Lindley stated that he had spoken with the contractor who would be completing the creek crossing work and was assured that the means of installation for the utilities would result in little impact to the creek. After some discussion, it was moved by Manager Lindley, seconded by Manager LaBounty, to approve the permit application pending receipt and staff approval of one item listed in the engineer's report. Upon vote, the motion was unanimously approved. 94-145, Bruce Dayton -- Wetland excavation to create open water pond. alteration involving Mr. Ron Bowen, representative for the applicant, inquired as to whether the proposed earthen dam and control structure could be designed by a staff person from the U.S. Fish and Wildlife Service who has design experience in water control structures but is not a professional engineer. Chairman Maple suggested that the applicant contact a professional engineer since the design aspects of the proposed control structure will need to be certified by an engineer. Mr. Bowen stated that he is currently working with the City of Orono in their review process and will continue to work with the city and the watershed district on submitting additional information for their review. After further discussion, it was moved by Manager Love, seconded by Manager Lindley, to table the permit application pending receipt and staff approval of those items listed in the engineer's report. Upon vote, the motion carried unanimously. 94-99, Craig and Katherine Nalen -- Floodplain alteration, involving construction of a single family residence at 620 Ferndalr Road. Mr. Bill Ogden, representative for the applicant, inquired as to whether the Board would reconsider their previous action to table the permit application and approve the application pending the City of Wayzata's approval. Mr. Ogden stated that the applicant is in the process of resolving those issues raised by the city during their preliminary review of the project. Mr. Ogden #Ct&) 8oard #~nutes 5 (08/25/94) further stated that he did not feel that the issues raised by the city were of a concern to the watershed district. Mr. Panzer stated that the District's floodplain alteration rule does not require that the city grant preliminary approval prior to the District issuing a permit for a project. Mr. Panzer further stated that the applicant is proposing to fill less than 400 square feet of wetland area which meets the provisions of an exemption ~nder the Wetland Conservation Act and does not require that wetland replacement occur. Mr. Panzer noted that the applicant is also proposing to alter existing floodplain area which historically may have already been altered by the placement of fill. Mr. Gronberg, engineer for the applicant, reviewed the surveying services that he had provided for the applicant, noting that a survey performed in 1987 does not show any fill within the floodplain area. Mr. Gordon Aamoth stated that he resides adjacent to the proposed housing site and noted that the District has a recent survey of the site which shows that more than 20 square feet of fill was historically placed on the site and requested that the District review that survey. Manager Thomas suggested that the District's engineer review the applicant's engineering files to ascertain whether documentation exists concerning any historical filling on the site. Manager Love stated that the engineer's recommendation to table the permit application pending clarification of historical fill within the floodplain had been previously forwarded to the applicant and recommended that the Board continue their tabling action at this time. A~m~nistrator's Report Ms. Sones had nothing to report. Attorney's Report Mr. Smith had nothing to report. ~qineer's Report Mr. Syverson distributed the Lake Level, Flow and Precipitation report for August 25, 1994, noting that precipitation was below normal for the month of August. Board #inures 6 (0~/25/94) Complaints and Violations Committee Report Manager Love reported that the committee reviewed a matter concerning 94-78. Tim Becker which involved the placement of rip rap along the shoreline in accordance with the issuance of a District permit but also placed fill within the floodplain of Lake Minnetonka which was not permitted by the District. Manager Love stated that the committee directed staff to conduct a detailed survey and cross section of the shoreline to determine whether any unauthorized fill remained on the site. Manager Love further stated that the shoreline improvement work was conducted at least partially by a contractor who is not currently licensed with the District. Manager Love also reported that the committee had reviewed the matter concerning James and Cathryn reit who reside in the City of Mound where fill has been placed within the floodplain without a District permit. Manager Love stated that Mr. and Ms. Veit are of the opinion that their lot is sinking and that more of their property is currently considered floodplain than what has historically been the case. Manager Love noted that the committee will continue to take this matter into consideration. Manager Love stated that a public hearing had been scheduled for August 23, 1994 to review a shoreline contractor license currently held by Land Men Construction for shoreline work performed in conjunction with permit 93-195, Douq Strelow. Manager Love further stated that the hearing was postponed pending additional remedial work by the contractor and a site inspection by District staff. Manager Love reported that Land Men Construction has attempted to perform remedial work on Mr. Strelow's property which has been found to be inadequate by the District's engineer. Manager Love stated that a public hearing has been rescheduled for September 6, 1994 to review Land Men Construction,s license. Manager Blixt inquired as to the status of a MN Department of Transportation project at the intersection of Lyndale Avenue and State Highway 62 in the City of Minneapolis. Mr. Panzer reported that a permit application had not been filed with the District and that the construction of the interchange had been completed. After some discussion by the Managers, Mr. Smith was directed to contact the ~epartment of Transportation and notify them that this matter remains a violation of District rules and request that they provide application materials for the project as soon as possible. Plans and Programs Committee Repor~ Chairman Maple reported that he and Manager LaBounty had met with the City of Minnetonka concerning the District's request for additional office space. Manager LaBounty stated that the city has no additional space available but has expressed a willingness to #C~D Board 7 continue to provide the District's current office space during an interim period while the District relocates their office. Chail-man Maple stated that the Board needs to select an engineer to provide construction documents for Phase II of the Gleason Creek Improvement Project. It was moved by Manager Love, seconded by Manager LaBounty, to select the services of Montgomery Watson Engineering for completion of work relating to the construction of the Phase II pond project. Manager Hartfiel recommended that the selection of an engineer be placed on the agenda for an item of consideration at the next meeting of the Board. Manager Love withdrew his motion based upon Manager Hartfiel's recommendation. F~nance Committee Report Manager LaBounty reported that the committee had met to consider the budget and levy for 1995. After some discussion about the proposed fund budgets and levy amounts, it was moved by Manager LaBounty, seconded by Manager Love, to schedule a public hearing to be held during the September 22, 1994 Board meeting on the proposed budget and levies for 1995. Upon vote, the motion carried. Manager LaBounty presented the treasurer's report for August 25, 1994. It was moved by Manager Love, seconded by Manager Thomas, to approve the treasurer's report and issue the checks. Upon vote, the motion carried unanimously. Unfinished Business Mr. Don Patterson who resides on Gleason Lake stated that every year numerous carp have been sited below the Gleason Lake outlet structure but more recently, with the construction of the new outlet structure, the carp have been able to enter the lake. Mr. Panzer stated that he would contact the Fish and Wildlife Division of the Department of Natural Resources to review this matter further. There being no further business before the Board of Managers, the meeting was adjourned at 9:40 p.m. Respectfully submitted, EBS John E. Thomas, Secretary HC'M) Board 8 ( 08/25/g& ) LAKE MINNETONKA CONSERVATION DISTRICT Report to the Mayors 4th Quarter 1994 RECEIVED SEP 3 AGENDA 7:30 am, Friday, September 30, 1994 Conference Room 135, Norwest Bank Bldg. 900 E. Wayzata Blvd., Wayzata (handicapped entrance on Wayzata Blvd. west entrance 1. Welcome and self introduction of persons present o Board priorities addressed since May report to the mayors and city council members; o LMCD and DNR staff procedure for interaction among representatives responsible for public access ramps, including preparations for Car/Trailer Parking Agreements with cities providing public access ramps -- discussion; City position or ordinance requirements governing residential boat dockage rental to non-resident persons - discussion; Ordinance regulations vs. voluntary compliance to correct offensive lighting beaming out over the lake -- discussion; 6. Additional topics recommended by the mayors; PLEASE RSVP YOUR PLANS TO ATTEND BY CALLING THE LMCD STAFF, LEANN FENSKE, 473-7033, BY WEDNESDAY, SEPTEMBER 28. THANK YOU ' LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:30 pm, Wednesday, September 28, 1994 CALL TO ORDER ROLL CALL RECEIVED SEP 2 3 CHAIR ANNOUNCEMENTS, Johnstone READING OF MINUTES - 8/24/94 Board Meeting PUBLIC COMMENTS - From persons in attendance on subjects not on agenda (5 minute limit) CONSENT AGENDA - Consent agenda items identified by an "*" will be approved in one motion unless a Board member requests a discussion of any item. In that case the item will be removed from consent agenda and considered as a specific agenda item. COMMITTEE REPORTS 1. WATER STRUCTURES, Chair Babcock * A. Approval of minutes, 9/10/94 meeting S o Public Hearing Report, with findings and recommendations, for the Suburban Hennepin Regional Park District, New Launch Ramp Application for Lake Minnetonka Regional Park, recommending approval of the new launch ramp subject to the ramp being raised to at least the 931.5' flood plain elevation and the storm drain runoff from the lower vehicle-only parking area be directed from direct runoff down the ramp into the lake. Wayzata Lakewalk, second draft of An Ordinance Amending the LMCD Code of Ordinances to Establish Planned Usage Development (PUD) Procedures and Standards and a Definition for Public Piers, inviting Board review and comment, the specifics of the draft ordinance to be then deferred to the next Water Structures Committee meeting. (Per draft sent to Board members 9/2/94.) Baycliffe Property Owners Association, South Upper Lake, Minnetrista, recommending approval of new multiple dock license with minor changes providing setbacks are met and approval is received from the City of Minnetrista. E. Additional business LAKE USE AND RECREATION, Chair Foster A. Approval of minutes, 9/19/94 meeting LMCD Board of Directors, Agenda, 9/28/94, Page 2 B o Public Hearing Report, with findings and recommendations, to Establish a Quiet waters Area, 5 mph Speed Limit in the Channel North of Cedar Point, Wayzata Bay, Woodland, the co~nittee recommending the channel be extended by adding another green and red buoy and narrowing the existing channel by 25 feet. * c. Second Reading of Draft Ordinance, Sect. 3.07 Watercraft for Hire adding Coast Guard Safety Standards in new subdivision 5 through 9, recommending second reading approval. * D. Second Reading of Draft Ordinance Amending Sect. 3.09 Special Events, changing licensing authority for special events to the Sheriff, providing Sheriff with criteria which may be considered in determining whether or not a special event license should be granted, recommending second reading approval * E. Special Events - Deposit refunds @ $100 each, recommending approval of deposit refunds to the following: 1) Antique & Classic Boat Parade, 8/14/94 2) Minnetonka Challenge 5 Mile Swim, 8/6/94 3) Limited Bass Predator Classic, Team and Individual Events, 7/9, 8/14 and 8/27-28/94 3. SAVE THE LAKE ADVISORY COMMITTEE, Chair Mollet * A. Approval of 9/8/94 minutes B. Additional business o EURASIAN WATER MILFOIL TASK FORCE, Chair Penn A. Approval of minutes, 9/16/94 meeting, handout B. Draft 1994 Eurasian Water Milfoil Harvest report, handout C. Zebra Mussel Action Plan Subcommittee report 8/14/94 meeting ADMINISTRATIVE COMMITTEE, Chair Johnstone A. Approval of minutes, 8/24/94 meeting B. Nominating Committee report, new officer nominations C. Report of 9/28/94 meeting; FINANCIAL REPORTS, Treasurer Rascop A. August Balance Sheet . B. Year to Date Financial Summary through 8/31/94 C. Audit of Vouchers for Payment, handout EXECUTIVE DIRECTOR REPORT, Strommen NEW BUSINESS ~JOURNMENT RECEIVED RIP 2 3 leg4 LAKE MINNETONKA CONSERVATrON DISTRICT Regular Meeting 7:30 P.M., Wednesday, August 24, 1994 Tonka Bay City Hall CALL TO ORDER The meeting was called to order by Chair Johnstone at 7:30 P.M. ROLL CALL Members Present: Wm. Johnstone, Chair, Minnetonka; James Grath- wol, Excelsior; Jos. Zwak, Greenwood; Mike Bloom, Minnetonka Beach; Gene Partyka, Minnetrista; Tom Reese, Mound; Robert Ra- scop, Treasurer, Shorewood; Tom Penn, Vice Chair, Tonka Bay; Craig Mollett, Victoria; Duane Markus, Wayzata. Also present: Charles LeFevere, Counsel; Rachel Thibault, Administrative Tech- nician; Eugene Strommen, Executive Director. Members Absent: Bert Foster, Deephaven; Douglas Babcock, Secre- tary, Spring Park; Herb Suerth, Woodland. Orono not represented. CHAIR ANNOUNCEMENTS There were no announcements from the Chair READING OF MINUTES Reese moved, Grathwol seconded, to approve the minutes of the 7/27/94 Board meeting as submitted mously. . Motion carried unani- PUBLIC COMMENTS There were no comments from persons in attendance on sub- jects not on the agenda. CONSENT AGENDA Reese requested removal of G2) from the consent agenda. MOTION: Reese moved, Grathwol seconded, to approve the Consent Agenda items identified by ",", with the exception of item 02) to be considered as a separate item. VOTE: Motion carried unanimously. COMMITTEE REPORTS 1. WATER STRUCTURES, Grathwol for Chair Babcock C. Draft Ordinance Amending Sect. 2.07 Temporary Structures MOTION: Grathwol moved, Rascop seconded, to approve the first reading of An Ordinance Relating to Temporary Structures on Lake Minnetonka; Amending Lake Minnetonka Conservation District Code Section 2.07, Subdivisions 2 and 3. DISCUSSION: This proposed ordinance changes the distance from shore for temporary structures from 200' to 150' to conform to other shorezone regulations. The amended ordinance also gives the Sheriff's Water Patrol the responsibility to issue the per- mits. VOTE: Motion carried unanimously. DRAFT LMCD BOARD OF DIRECTORS August 24, 1994 "Dolphin" poles The Board received a proposed resolution, recommended by the committee, to be drafted by staff, placing a one year moratorium on the installation of new dolphin poles at multiple dock facili- ties'Grathwol explained his understanding that a dolphin pole is a pole placed in open space at the end of docks for the purpose of tying a boat. Partyka added that some dolphin poles extend 10' to 15' beyond to dock end to allow mooring a large boat on a short dock. Thibault illustrated several uses of dolphin poles. Grathwol noted the purpose of the moritorium is to give the Envelope Subcommittee additional time to consider the implication of dolphin poles as they affect use of docks in preparing a possible envelope concept ordinance. Johnstone asked if dolphin poles are allowed under the current ordinance. LeFevere responded that the dolphin pole is part of a multiple dock. If they are not shown on the multiple dock site plan it is not an approved dock structure. The effect of the moritorium does not validate unlicensed dolphin pole structures. The resolution does not infer that dolphin poles in place now are approved if not previously shown. Bloom asked why a moritorium is needed if dolphin poles are not legal. Grathwol explained that the Envelope subcommittee is finding things on multiple dock plans which have not been ap- proved individually- The subcommittee would like to come to the Board with a comprehensive recommendation. Bloom asked if this action would ,,grandfather" existing dolphin poles. Grathwol said that is not the intention. It is possible that the subcommittee may propose a method of recogniz- ing them. said he serves on the Gabriel Jabbour, Tonka Bay Marina, Envelope subcommittee along with Paul Pedersen, Grays Bay Marina. He said that during the subcommittee discussions Babcock said he believes there is nothing in the LMCD Code to prohibit dolphin poles. At that time he and Pedersen suggested the moratorium as the subcommittee does not want anyone pounding in poles to make larger slips. LeFevere said it is true that the code does not prohibit dolphin poles but they are a part of the definition of a dock in the code. LeFevere suggested a clarification in the resolution by adding a sentence stating that during the moratori- um the Board will not approve any existing dolphin poles which were not previously licensed. · Rascop said a pole 30' away from a dock end is not adjacent He said the Envelope Subpommittee is trying to deter~nine what size slips exist currently. Thibault said the question appears to be how to count the size of a slip, either by the dock length or the length with the dolphin pole. She said that in calculat- ing Water Storage Units (WSU) the dolphin pole is not included in the calculations. The fees paid by the licensee are based on the dock length. LMCD BOARD OF DIRECTORS August 24, 1994 Markus said he believes that if a dolphin pole is in a side setback that should make the entire multiple dock illegal. Thi- bault said there are some grandfathered locations that have been approved under those circumstances. LeFevere said that if a dolphin pole extended into the setback it could be considered an expansion of the non-conforming use. He said it is practical to look at the dolphin pole as a part of the dock structure for fees and all other purposes. Johnstone said the Board should consider addressing the question of multiple dock operators who have put in dolphin poles in the past several months. He believes the licensees should be given notice that they are not permitted. 3ohnstone expressed concern that the resolution may give the impression existing dolphin poles would be grandfathered. LeFevere suggested the following amendments to the proposed resolution: Add: WHEREAS, dolphin poles are a part of the dock as defined by LMCD Code, Section 1.02, sb. 15 and therefore are unlawful at multiple docks unless approved as a part of the multiple dock license. Insert the following sentence before the last sentence in the resolution: During the period of this moratorium the Board wiI! not approve installation of dolphin poles which have not been previously licensed. MOTION: Grathwol moved, Partyka seconded, to approve Resolution No. 93, Resolution To Place a Moratorium on the Installation of New Dolphin Poles at Multiple Docks, as amended. DISCUSSION: Markus asked if this applied to all dolphin poles. Grathwol responded it applies only to multiple docks. Rascop added that he believes it does not applyto dolphin poles that do not extend the dock length. LeFevere explained the purpose of a moratorium. He said that under the Municipal Land Planning Act (MLPA) a municipality may declare a moratorium for the purpose of commissioning a study during the period of the moratorium to protect the planning process. In this case the moratorium would be in existence for one year, giving the Board time between now and the 1995 licens- ing year to study methods of licensing dolphin poles. VOTE: Motion carried unanimously. The executive director said the notices for the 1995 multi- ple dock license renewals will be sent out within the next 30 days to give the applicants time to meet the December 1 deadline. He asked if the licensees should be told to show existing dolphin poles on their site plans. Orathwol suggested the Board direct the executive director to'contact Chair Babcock who is in posses- sion of most of the facts as to what is behind the direction that the committee is taking by looking into dolphin poles. Grathwol said the District would want to know where the dolphin poles are and when they got there. 3ohnstone stated that the resolution is a strong statement that dolphin poles should be part of the application. There is little room for interpretation. It is appropriate to ask for dolphin pole locations within the 1995 license application. August 24, 1994 LMCD BOARD OF DIRECTORS Partyka added that the resolution infers that if a licensee had dolphin poles before, they should have been on the applica- tion before, and the previously licensed dolphin poles should be included on the new application, not including any new dolphin poles. 2. LAKE USE AND RECREATION, Partyka for Foster C. Draft Ordinance Amending Sect. 3.07 Watercraft for Hire, Adding Coast Guard safety Standards; Recommending Approval of First Reading with Minor change Suggested by Water Patrol MOTION: Orathwol moved, Penn seconded, to approve the first reading of An Ordinance Relating to Watercraft for Hire on Lake Minnetonka; Adding New subdivision 5 Through 9 to Section 3.07. VOTE: Motion carried unanimously. D. Draft Ordinance Amending Sect. 3.09 Special Events MOTION: Zwak moved, Penn seconded, to approve the first reading of An Ordinance Relating to Special Event Permits on Lake Minne- tonka; Amending LMCD Code Section 3.09. VOTE: Motion carried unanimously. G. Additional Business 1) Addition of Slow Buoys at Cedar point, Wayzata Bay MOTION: Rascop moved, zwak seconded, to hold a public hearing, 5:30 P.M., Monday, September 19th, LMCD office, to establish a quiet waters area in the channel off Cedar Point in Wayzata Bay. VOTE: Motion carried unanimously 2) 1994 Lake Use Density study and shoreline Boat 994 C°untThe Board received preliminary partial data from the 1 Lake Use Density study, conducted by an aerial survey by Clear Air, Inc. Reese said this preliminary information supports his obser- vation that the lake is no more crowded this year than in previ- ous years. He said the report shows the peak use was Sunday, 6/12, with 2,046 boats on the lake between 1:00 p.M. and 3:00 P.M. The use is higher than 1992 but less that of 1986. Reese noted that in the 6/12 total there were 57 personal watercraft compared to none in 1986. He added that the District does recog- nize that the boats are getting larger and produce larger wakes. Thibault submitted the shoreline boat counts, annual com- parison 1979 through 1994. johnstone observed that the count is higher than it has ever been. · There was discussion as to the method of taking the count In 1994 the count was taken through an aerial survey by Clear Air, Inc. In previous years it was taken on the water. The executive director said both methods are accurate, the airplane being able to see well from low altitudes. There may be a dif- ference in interpretation of boat types from previous years as related to runabouts and cruisers. No action was required. LMCD BOARD OF DIRECTORS August 24, I994 4) Influence of Bass Tournaments on Fish Dispersal and Distribution Markus recalled a previous discussion with members of the fishing public regarding the catch and release program at the weigh-ins. He questioned the effect of the release of the fish at the weigh-in locations rather than releasing them throughout the lake. Thibault said it was discussed at a Lake Use and Recreation Committee meeting. The committee believes that is a responsibility of the MnDNR. Partyka said he understands some bass fishing leaders are frying to develop a method of releasing in other parts of the lake. 3. SAVE THE LAKE ADVISORY COMMITTEE, Chair Mol let A.2) Proposal to Establish a Subcommittee to Develop a Save the Lake Reserve Fund Vision Statement Mollet reported $16,000 has been contributed to the Save the Lake Fund to date. A second mailing will be made in early Sep t ember. _ At the 8/11/94 meeting of the Save the Lake Advisory Commit- tee it agreed to pursue the concept of a vision statement to guide the LMCD Board in future use of the reserve fund for items of lasting value to the lake. The executive director elaborated on the minutes by indicat- ing some of the questions to be answered are whether the current criteria for fund uses should be followed or whether there should be developed a criteria which addresses lake environment needs in the Management Plan. This would reserve money for a large project, perhaps matching funds with other governmental agencies. One example for using the reserve could be addressing storm water run-off impacts. The Minnehaha Creek Watershed District has that responsibility, but LMCD could possibly accelerate or extend some portions of such a program. Mollett said the intent is to include in the solicitation cover letter a mention of long range programs. Penn said the current criteria are broad in nature. The long range program would be to use the funds for a direct benefit to the lake and not a community. He indicated concern about some of the uses approved in the past. Grathwol said he would not want water quality to be the only thing considered He said recreational uses should be included. ' Johnstone asked that the subcommittee return with a proposal that could be debated by the Board. Zwak volunteered to serve on the subcommittee. Johnstone asked how the money collected so far relates to the $26,000 budget. The executive director updated the amount collected to $17,080. That with an estimated $1,885 in interest places the fund on target for the first 7 months to the budget of $26,500. He said there is an additional $1,190 received for the milfoil fund. That was not budgeted. August 24, 1994 LMCD BOARD OF DIRECTORS 4. EURASIAN WATER MILFOIL TASK FORCE, Chair Penn A. Cooperative Agreement with DNR for 1994 Program partial en Matching Funds The Board received a proposed Cooperative Agreement betwe the MnDNR and the LMCD wherein the MnDNR has appropriated up to $24,500 for a portion of the LMCD costs of control of Eurasian watermilfoil on Lake Minnetonka. MOTION: RascoP moved, partyka seconded, to approve the agreement with the MnDNR for partial reimbursement of the cost of the 1994 e EWM program costs. DISCUSSION: Markus suggested tying the reimbursement to th $5.00 per boat surcharge and the boat count. The executive director said this is a special allocation from the DNR boat surcharge revenue. He said Markus' suggestion could be consid- ered in looking toward 1995. VOTE: Motion carried unanimously. · Penn reported that milfoil harvesting has been completed A harvesting report will be completed for the next Board meeting. Orathwol said he has received positive comments on the 1994 milfoil program, out of the water. An Penn said all of the harvesters are evaluation of the harvesters' mechanical condition will be made so they are ready to go in the spring. The executive director is reviewing what improvements can be made to the machines. Penn said .there were not many negative comments from the public. Many were pleased when the channels were cut to give access to docks. The executive director said the change to ten hour days kept the harvesting able to respond to requests for on loan to service. He The executive director reported the storage shed the District burned. There was a loss of a few minor items. is looking for an alternate location, garkus suggested renting a storage trailer if a site can be found to place it. 5. ADMINISTRATIVE COMMITTEE, chair johnstone A. Report of the 8/24/94 Administrative Committee Meeting johnstone reported on the new legislation making a second offense of operating either a boat, motor vehicle, or snowmobile, under the influence of alcohol a gross misdemeanor. Steven Tallen, LMCD Prosecuting Attorney, in a letter dated 8/19/94, pointed out that, prior to this legislation, when the LgCD prose- cuted a BWI the District received the fine revenue. Under the new legislation all fine revenue and forfeited bail shall be split evenly between the County and the MnDNR. johnstone reported that the Administrative committee recom- mends that the LMCD approach the Hennepin county Attorney with the idea that Tallen be appointed as a special prosecutor for BWls. This would place the responsibility for prosecuting gross misdemeanors on the county. MOTION: RasCop moved, Grathwol seconded, to authorize the Chair to request to the Hennepin county Attorney that Steven Tallen be appointed as a special prosecutor for BWls. VOTE: Motion carried unanimously. LMCD BOARD OF DIRECTORS August 24, 1994 B. Nominating Committee Johnstone recommended appointing a Nominating Committee to nominate officers for the 1995 LMCD year. The nominations are to be reported at the September Board meeting with the election and installation to be held at the October meeting. MOTION: Bloom moved, Grathwol seconded, to approve the Chair's appointment of the following to the Nominating Committee: Tom Penn, Chair; Robert Rascop, Tom Reese, Jos. Zwak. VOTE: Motion carried unanimously. C. Equipment PurchaSe MOTION: Zwak moved, Penn seconded, to approve the purchase of a used photo copier from the City of Tonka Bay for $500. VOTE: Motion carried unanimously. D. Regional Park Dedication Johnstone reported the Hennepin County Regional Park at Minnetrista will be dedicated on September 17th, 1 to 3 P.M. Details were provided, and available from the LMCD staff. E. Employee - Secretary MOTION: Zwak moved, Rascop seconded, to give the executive director authority to offer $9.50 to $10 50 per hour to employ a secretary. · VOTE: Motion carried u~animously. F. Employee Resignation Johnstone reported that Rachel Thibault has tendered her resignation, effective in early September, to take other employ- ment. On behalf of the LMCD Board, Johnstone expressed apprecia- tion to Thibault as a wonderful and valued employee. The Board expressed its best wishes to Thibault. MOTION: Penn moved, Zwak seconded, to 'authorize the executive director to employ temporary help, within the budget, until a replacement can be hired. VOTE: Mot/on carried unanimously. G. Mayors' Meeting The Administrative Committee has asked Board members to give the executive director suggestions for the next mayors' meeting. The executive director said the tentative plans are to have the meeting the last Friday in September. The time and place are to be determined to conform to the Ethics in Government Act. FINANCIAL REPORTS, Treasurer Rascop A. Audit of Vouchers for Payment MOTION: Rascop moved, Reese seconded, to approve the paymer~t of bills in the amount of $51,728.56, payroll checks No. 1265 through 1291 and checks No. 9874 through 9912 as submitted, plus payment to Marsh Gabriel i~l the amount of $4,348.82 for mechani- cal repairs and parts for the harvesters during July and August VOTE: Motion carried unanimously. · August 24, 1994 LMCD BOARD OF DIRECTORS B. July Balance Sheet, Year to Date Financial Summary MOTION: Reese moved, zwak seconded, to approve the July Balance Sheet and Year to Date Financial Summary as submitted. VOTE: Motion carried unanimously. C. Municipality payments johnstone asked if the municipalities are current in their payments. The executive director said Spring Park is still outstanding. He has met with Mayor Rockvam who indicated the city council is not satisfied with the explanation of the volun- teer aspects of the milfoil payments. The Spring Park attorney will be in contact with LeFevere. D. 1994 and 1995 Budget Adjustments MOTION: zwak moved, Johnstone seconded, to approve the adjust- ments to the 1994 and 1995 budgets to reflect the changes in office personnel, as submitted in the executive director's memo of 7/29/94, revising the 7/27/94 budget adjustment memo. VOTE: Motion carried unanimously. EXECUTIVE DIRECTOR REPORT, Strommen A. Meeting Schedule · Strommen presented the meeting schedule for September It will be revised to show the meeting with the Mayors and the meeting of the Nominating Committee. B. Terms of office Markus suggested the cities be notified when their respec- tive Board members term expires. This will be done. C. Add to Vouchers for payment MOTION: zwak moved, Markus seconded, to approve payment to A1 & Alma's for the cost of the Public official's Boat Tour meal in the amount to be determined, an estimated $350. VOTE: Motion carried unanimously. ADJOURNMENT Chair johnstone declared the meeting adjourned at 9 P.M. willtam stone, Chair Douglas Babcock, Secretary CALL TO ORDER ROLL CALL LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:30 PM, Wednesday, August 24, 1994 Tonka Bay City Hall, 4901 Manitou Rd CHAIR ANNOUNCEMENTS, Johnstone READING OP MINUTES - 7/27/94 BOard Meeting PUBLIC COMMENTS - From persons in attendance on subjects (5 minute limit) not on agenda CONSENT AGENDA - Consent Agenda items identified by ',,,, will be approved in one motion unless a Board member requests an individual discussion of any item. In that case the item will be removed from consent agenda and considered as a specific item. COMMITTEE REPORTS WATER STRUCTURES, Chair Babcock * A. Approval of minutes, 8/6/94 meeting * B. Sailors World Marina, Smiths Bay, Orono, new m license application for ~ .... ultiple dock m~,,u~ change; recommending approval of changes to Slips 77-79, conditioned on it having no affect on the removal of the 10 slips required under the 4/27/88 Variance Order and that no boats are being stored in slip #79 beyond the extended property line C. Draft Ordinance amending Sect. 2.07 Temporary Structures; recommending approval of first reading D. "Dolphin,, poles; recommending a moratorium be placed on the installation of new dolphin poles at multiple dock facilities * E. Variance Application Deposit Refunds: 1) Kent & Mary Carlson 2) Colson Construction Co. F. Additional Business LAKE USE AND RECREATION, Chair Foster * A. Approval of minutes, 8/15/94 meeting Methodology for interaction among agencies involved with reviewing new public access ramps on Lake Minnetonka; recommending approval of the methodology outlined in the executive director,s 8/9/94 memo C. Draft Ordinance amending Sect. 3.07 Watercraft for Hire, adding Coast Guard safety standards; recommending approval of first reading with minor change suggested by Water Patrol * B. LMCD Board of Directors, 8/24/94 Agenda, Page 2 D. Draft ordinance amending Sect. 3.09 Special Events, with changes recommended by committee taking the LMCD out of regulating special events; recommending approval of the first reading * E. special Events - Deposit Refunds @ $100 each; recommending approval of deposit refunds to the following: 1) Brighter Light Bass Open, 7/24/94 2) IN Bass Tournament, 8/6/94 & 8/7/94 * F. Hennepin county sheriff's Water Patrol Report G. Additional business 1) Addition of Slow Buoys at Cedar Point, Wayzata Bay; recommending a public hearing be held to establish a quiet waters area in the channel off Cedar Point in Wayzata Bay , 2) 1994 Shoreline Boat count, aerial survey by Clear Air, Inc. , 3) Shore Fishing improvements at North Arm Access and Narrows channel; recommending staff continue to work with the DNR per 8/2/94 letter from Mike McDonough, DNR Trails & Waterways 3. SAVE THE LAKE ADVISORY COMMITTEE, chair Mollet * A. Approval of 8/11/94 minutes and meeting report 1) Presentation of resolution with amended reserve balance, corrected from beginning balance of $84,427 to ending balance of $88,513 2) Proposal to establish a subcommittee to develop a save the Lake Reserve Fund vision statement B. Progress to date on private fund solicitation 4. EURASIAN WATER MILFOIL TASK FORCE, chair Penn (No meeting was held) A. Cooperative agreement with DNR for 1994 program partial matching funds COMMITTEE, chair johnstone 5. ADMINISTRATIVE 7/27/94 meeting * A. Approval of minutes, B. Report of 8/24/94 meeting FINANCIAL REPORTS, Treasurer Rascop A. July Balance Sheet B. Year to Date Financial summary C.. Audit of Vouchers for Payment (meeting handout) D. Adjustments to 1994 & 1995 salary and professional services budgets following change to contract bookkeeping service EXECUTIVE DIRECTOR REPORT, Strommen NEW BUSINESS ADJOURNMENT LAKE MINNETONKA CONSERVATION DISTRICT Action Report: Water Structures Committee Meeting: 8:15 A.M., Saturday, September 10, 1994 Norwest Bank Bldg., Wayzata, Room 135 Members Present: Douglas Babcock, Chair, Spring Park; James Grathwol, Excelsior; William Johnstone, Minnetonka; Gene Partyka, Minnetrista. Also present: Eugene Strommen, Executive Director. The meeting was called to order at 8:35 A. M. 1. Public Hearing Report - Suburban Hennepin Regional Park District, New Launch Ramp ApPlication for the Lake Minnetonka ~ Park, West Upper Lake, Minnetrista. - - Ail members present attended the Public Hearing held on 9/10/94 at 8 A. M. MOTION: Johnstone moved, Partyka seconded, to recommend approval of the new launch ramp application for the Lake Minnetonka Re- gional Park with direction to include in the Findings that the ramp, as it relates to the flood plain, should be redesigned to raise it to at least the 931.5' elevation from the flood plain and the storm drain runoff from the lower vehicle-only parking area be directed from direct runoff down the ramp into the lake. VOTE: Motion carried unanimously. 2. Boyer Bldg. Corp., Pelican Point Development, Mound The applicant has requested withdrawal of the multiple dock license application for the Pelican Point Development, Mound, Spring Park Bay. The committee agreed to the withdrawal. 3. Wayzata Lakewalk; Second Draft of Planned Usage Development (PUD) ordinance as amended by the committee. Scott Richards, Northwest Associated Consultants, Inc., presented a revised Ordinance Amending the Lake Minnetonka Con- servation District Code of Ordinances to Establish Planned Usage Development Procedures and Standards and a Definition of Public Piers. Richard's presentation included a memorandum, dated 8/25/94, reviewing the changes and a revision of the ordinance. Signage. The signage shall be limited to a non-commercial directory. In the case of the City of Wayzata Lakewalk develop- ment, the City may request signs larger than in the L~CD Code. Johnstone pointed out that this ordinance is not just for the Lakewalk. A section could be added to the current Code providing for specific conditions. Setbacks. Richards said the public pier setback from side site lines as extended in the lake for an adjacent residential use shall be one-half the length of the authorized dock use area which extends from the shore. The setback shall be aC a minimum WATER STRUCTURES COMMITTEE September 10, 1994 of thirty feet. Setbacks from commercial, industrial or institu- tional uses shall conform to the LMCD Code requirements. Babcock indicated concern about a new category of setbacks. He is hesitant about adopting that language at this time. Orathwol was interested in the application of the District Dock Use Area (DUA) definition as it applies to a public pier. He did not see any reason for 100' setbacks because there is a rom 200' dock. Babcock said setbacks are intended to shift the density f one end of the property toward the middle. He said a 30' minimum may not be enough for a 1000' dock. Planned usage Development- johnstone expressed skepticism about the LMCD adopting a PUD which was developed for an entirely different concept. He said if the District is addressing chang- ing the Code to cover public piers, that can be done. He said a public pier is not a planned usage development- Babcock sees that as an option. He believes there are many parts of the Code that would have to amended. He supports an amendment specifying procedures for considering a public pier. Richards said a Planned Use Development (for land) is the basis for this PUD. The land plan provides for procedures for approval with criteria including concept approval, a general plan for development and a final stage approval. Orathwol said if this amendment is just for public piers it does not have to done as a PUD. He said much of the increased density on the lake comes from municipalities. He said this a chance to look at what the cities are doing. He suggested refer- ring this amendment to the Envelope subcommittee. It would provide an opportunity to resolve several problems at the same time. Grathwol would only support tentative approval, based on a referral to the Envelope subcommittee- johnstone said the PUD amendment contains a substantial amount of detail. He is not satisfied that all of it is neces- sary. Babcock responded that the procedure items are something that the District does not have in the code at this time. Cur- rently the only requirement is an application with no provision for concept approval, a general plan and final plan. Richards said the cities have specific procedures to follow, something that finds approval of the attorneys because it places everything in a black and white form. He pointed out that the first four pages of the a~endment sets up standards and the last ten pages are procedures. Orathwol observed that the LMCD Management plan indicates most future problems on the lake will come from redevelopment' He believes these procedures should be in place before the Dis- trict is faced with problem developments- He is not opposed to adding this amendment to the Code. johnstone said, if the District is interested in limiting density, he is not sure .facilitating a PUD will do that. He is not comfortable in moving as quickly as is being done. He said it appears the District is being motivated by one proposed project. WATER STRUCTURES COMMITTEE September 10p 1994 Babcock said he has not looked at this in light of existing facilities, which is the charge to the Envelope Subcommittee. He said there is a question o£ how to handle new projects of a scope as big as the Lakewalk under the current Code. The executive director suggested the type of variances needed for the Lakewalk concept should be identified. Johnstone said his question is "Why do we need this?" He would like to find out, practically, what this amendment does. He is interest- ed in the impact on development and improvements. Babcock said he has looked at the Code and finds there would be a requirement for a special density variance for the added boat storage, a new multiple dock license, a permanent dock license, variance to dock width, variance to setbacks, structures on docks over the water and a deicing license. Partyka said consideration has to be given to the number of applications a developer would have to make for a public pier project under the current Code. Babcock asked Johnstoae for an alternative to the present proposal. Johnstone said he wants to continue looking at it. He is not convinced a PUD is need to respond to a public pier. Babcock thinks these procedures could be applied to multiple dock license applications. Partyka said he has talked to the ~'linnetrista City Council about this ordinance, and it is in favor of an ordinance similar to this for the city. The council would like to have something in place before there is additional development, as an example the development of the City of N~ound waterfront. Babcock added there is also interest on the part of ~nDNR. Johnstone asked if the LMCD staff can prepare a summary of the fundamental, substantive changes between this document and the current code. Babcock said he sees no substantive changes, except for the public pier allowance. Richards said this amend- ment does not change the basic Code. The executive director said it was his impression that the Board seemed concerned that the Lakewalk is a massive structure. The basic question is whether the District wants a 1000' dock at the Wayzata location or elsewhere on the lake. Does the District want to encourage this kind of development? This ordinance will not answer the question of whether public piers will have a favorable or unfavorable impact on the lake. This ordinance will allow them to happen. By adopting this ordinance the District will not have resolved that question. Babcock agreed that the real question is "Does the District want a public pier on the lake?" After that question is an- swered, the next question is "Under what conditions would the District want one?" Johnstone said he wants to be sure everyone understands what is meant by a public pier. Grathwol commented on several sections of the ordinance draft. He said he is not comfortable with the 18' height for a shelter. He observed that the 30' setback can be read to be a maximum. Babcock suggested following the current setbacks. The executive director questioned a 30' setback for its adequecy from a residential area. Grathwol believes the LMCD can provide the WATER STRUCTURES COMMITTEE September 10~ 1994 buffering and centering to assist cities in planning for shore- land activities. Richards said the City of Wayzata is looking at side setback requirements. Grathwol expressed concern about the issua.nce of building permits. He believes that is an intrusion on the responsibilities of the cities. Richards said there has to be some control to be sure the structure meets the Uniform Building code. The executive director explained that the con- struction requirements for docks, under the code, are left up to the developer. BabCOCk said Charles LeFevere, LMCD counsel, will be asked for comlnent. Grathwol was excused Length of Public Pier. Johnstone said the length of the dock into the lake effects navigation. That also has to be based on the amount of shoreline available. Johnstone wondered why spe- cifics of the Lakewalk are being included in the ordinance. Lakewalk Dock. Babcock said the City of Wayzata will have to make application for a new multiple dock license for the commercial boat storage proposed. wetlands Richards said he is not aware that any wetlands are involved in the Lakewalk project. shelters Johnstone said there are no guidelines for the shelter other than the 18' height limitation. Richards said the height can be brought down. It was based on the need for reason- able head room and the pitch of the roof similar to the Wayzata Depot. Babcock would like to see wording calling for a roof-only type of structure. Richards said the DNR is concerned about the appearance of the shoreline. He said the 18' height is a conven- ience issue. The executive director observed that shelters encourage people to congregate, and some gatherings could be a nuisance. The shelter on a public pier could be a minimum size. Richards said it might not be wise to include a specific height. Babcock said there could be wording about the pitch of a roof to avoid a flat roof. Amenities The amenities section in the code is not being used in the PUD because the existing amenity code is tied to boat storage and boat storage density. There is no boat storage included with the public pier criteria. ~aintenance blaintenance is covered under Section 7, subd. g). Babcock said it is possible to include a section on how the LMCD could enforce a maintenance plan and possible dock abandon- ment. He said there is no provision for an annual review of the PUD. He suggested adding the words "include development and/or on-going operation"- johnstone suggested requiring a license to operate a public pier. Babcock said there needs to be a clarifi- cation of who is responsible for continued maintenance- Action Timetable The 60 days for committee action following the public hearing has been changed to 90 days. LaW Enforcement It has been agreed that all areas above the water will be policed by the Sheriff's water patrol. There are mutual agreements between the Water patrol and local police giving both jurisdiction. That agreement could be part of the application. · ATER STRUCTURES COMMITTEE September 10, 1994 Winter Use Richards said they will try to avoid de-icing. Babcock said the Corps oF Engineers may have an interest in the construction because of the flood plain and they may have to sign off on the development. The Corps may have suggestions how to handle construction to avoid de-icing. Richards said they would like the option to keep the Lakewalk open in the winter. Width Babcock suggested an upper limit on the width of a public pier. He would add wording to the effect that the width should not exceed 16' Public Pier Johnstone said he has not seen anything in this ordinance or the Code that gives the District guidelines on how many fingers can come out from the pier. Johnstone asked if there should be a requirement that it is not practical, feasible or reasonable to build a public pier somewhere on the lake unless there is a unique situation such as the arrangement the City has with the Burlington Northern Rail- road. He said it should be a physical hardship, not a natural hardship. He would like to see provisions to prevent building across the water. Babcock believes each individual case would have to be weighed. Richards wondered if the District wants to make the ordinance in such a manner that the City of Wayzata is the only entity that could do this. Johnstone answered that there are a number of cities with waterfront which could be developed. The Wayzata situation is not necessarily unique. Timing Johnstone asked Richards about the timing for ap- proval and financing of the Lakewalk. Richards said they would like concept approval for the Lakewalk during the fall of 1994. That would give time for doing the design over the winter and starting construction in the spring of 1995. The City of Wayzata has appropriated $250,000 for the de- sign. Gerry Carisch, Wayzata businessman, is working on the funding for construction from private sources. Conclusion Babcock asked the committee what action it wishes to take. Johnstone recommended that the Board should discuss the general concept before the committee proceeds further with the discussion on the details. ~OT[ON: Johnstone moved, Partyka seconded, to refer the general issue of an ordinance for a planned usage development covering public piers for Board review and comment, the specifics of the ordinance to be deferred to the next Water Structures Committee meeting. VOTE: Motion carried unanimously. 4. Baycliffe tlomeowners ^ssociation~ Minnetrista South Upper Lake. , The committee received an application for a new multiple dock license, with minor change, from Baycliffe Property Owners Association (BPOA). The executive director explained that the site plan shows a re-alignment of docks in a small lagoon. The plan demonstrates the relationship of the lagoon to the movement of the dock to the outer side of the lagoon. The current site plan has created WATER STRUCTURES COMMITTEE September 10, 1994 navigation difficulties within the lagoon over the years. Be- cause of access difficulties the applicant is asking for the opportunity to move three slips outside the lagoon. They will stay within the setbacks. The property owners have reviewed the plan and accept it. The executive director said the staff recom- mends approval as a minor change as the dock does not go beyond the Dock Use Area. Dennis Caslavka, Vice President, Baycliffe Property Owners Association, represented the applicant. Caslavka presented letters from Lawrence Hendrickson, 4790 Baycliffe Road, an adja- cent property owner, and Robert Goodall, 4740 Baycliffe Drive, Caslavka said Hedlund, Lot 3, Block 1, the property owner to the west of the outlot, has given verbal approval. Hendrickson's letter indicates reservations, withholding final approval until he has seen the proposed relocation of his existing docks at the Association's expense. He indicates there could be an encroach- ment on the side setback required by the City of Minnetrista. The ooodall letter indicates approval of the plan. Johnstone asked for a comment on Hendrickson's mention of an encroachment on the east side setback. Caslavka said it is possible that there is an encroachment by slip ~11. Babcock said he notices greater encroachment on the current plan. Caslavka said Hendrickson may be referring to the docks he is currently using, slips #1 and #2 on the current plan. He said Hendrickson has agreed to give up those two slips if the Association provides him with two slips down the shoreline on his property. Hendrick- son is withholding approval until he sees the final design. A decision has to be made between permanent and temporary dockage. Johnstone observed that that will result in two more slips. Partyka asked about the mooring buoys. Caslavka said they use one mooring and would like to preserve the second mooring for future use. He said the one buoy may have to be moved if the new site plan is approved. · Partyka asked about approval from the City of N~innetrista Caslavka said their application will be considered by the City on 9/26/94. Partyka said the density proposed is greater than in the current M~innetrista ordinance and is considered non- conforming. Partyka said he visited the site and believes the area where the new dock is proposed to be is very shallow. Caslavka said the water depth varies from year to year. The bottom drops off f the at 20' Partyka said the applicant needs to define the length o outer dock. · Babcock said his concern is about the setbacks 3ohnstone asked for an explanation of the arrangements with the property owners. Caslavka said Hedlund and Ooodall have their own docks on their property. There are ~4 non-lake shore lots in the development. Each owner is entitled to one slip per lot. Two homeowners own two lots. Up until now only 12 slips were being used, allowing Hendrickson the use of the other two WATER STRUCTURES COMMITTEE September 10, 1994 slips. This year the two off-shore lot owners are exercising their right to use the allocated slips. Because the 14 slips are intended for the off-shore owners, I'Iendrickson will give up the two slips he has been using, as explained earlier. Partyka said he has reservations about giving approval because the city has not reviewed the application. He would want something in the motion to recommend approval subject to approval by Minnetrista. Babcock said the applicant has to have the approval of the city and the District. MOTION: Partyka moved, Johnstone seconded, to recommend approval of a new multiple dock license for the Baycliffe Property Owners Association, with minor changes, providing the setbacks are met and approval is received from the City of Minnetrista. VOTE: Motion carried unanimously. Caslavka asked if they will have to provide a certified survey. The executive director said there is no way for the staff to know they are meeting the setbacks without the survey. Babcock suggested Caslavka ask the Board about a survey. Caslav- ka asked if they need a new re-survey each year if they put in temporary docks. The executive director said a survey can be waived for temporary docks. 5. Ordinance Amending Sect. 2.07 Temporary Structures MOTION: Babcock moved, Johnstone seconded, to recommend approval of the second reading of the Ordinance Amending Sect. 2.07 of the Code regarding temporary structures. VOTE: Motion carried unanimously. ADJOURNMENT: Babcock decl'ared the meeting adjourned at 10:30 AM. FOR THE COMMITTEE: Eugene Strommen, Executive Director Douglas Babcock, Chair RECEIVEO SEP 2 3 LAKE MINNETONKA CONSERVATION DISTRICT Action Report: Lake Use and Recreation Committee Meeting: 5:45 p. M., Monday, September 19, 1994 Norwest Bank Bldg., Wayzata, Room 160 Members Present: Bert Foster, Chair, Deephaven; James Grathwol, Excelsior; Joseph Zwak, Greenwood; Mike Bloom, Minnetonka Beach; Gene Partyka, Minnetrista. 1. Evaluation of public hearing testimony and findings of the 5:30 p. M. public hearing for consideration of establishing a Quiet Waters Area, 5 mph speed limit, on Lake Minnetonka in the channel north of Cedar Point, Wayzata Bay, with findings and recommendations to the Board. All members of the committee were present Hearing. at the Public Zwak asked the committee if it wants to consider the Quiet Waters request and/or the extended channel. Foster called for an evaluation of the public hearing. Consideration should be given to placing two more buoys narrowing the channel to 150' from the shoreline and consider moving the channel further out without narrowing it. MOTION: Zwak moved, Grathwol seconded, to recommend to the Board that the channel be extended by adding a second green and red buoy channel marker and narrowing the existing channel by 25' DISCUSSION: Foster said it is not uncommon to have 100' channels without a safety problem and not to require a slow, no wake designation. By narrowing the channel by 25' and extending the channel with an angle, the safety issue at the blind corner is taken care of. Partyka asked about the distance between the two green buoys. Foster suggested leaving the position of the second red and green buoy up to Denis Bailey, putting them out far enough to get the boats 150' away from the shore. Partyka suggested posi- tioning the buoys far enough apart to keep them off of the point. Partyka said he is concerned about the slow buoys. He does not believe there is an erosion problem with the water level as it is now (928.94'). He would like to see action taken to extend the slow distance from shore to 600' when the water level gets to 930', which was not done this past summer. Foster explained that at the time the lake level reached the critical point level at which emergency high water procedures could be implemented, it was spring, time for the lake level to recede. VOTE: Motion carried unanimously. The committee amended the agenda to hear a report from Grathwol on wakes. Grathwol submitted a list of references available on the subject of wakes. He fupnished material he has gathered for the L~CD files. It was s"°,,~ted the District purchase 'oating Impact Study" by Ken Wagner for $5.00 for the files. Grathwol LAKE USE AND RECREATION COMMITTEE September 19, 1994 said there is information on measuring wind generated wakes and the effect on erosion. There is not a lot of information about the effect of wakes on other boats. Grathwol said the committee should approach the study of wakes by determining what is happening, how to correct it and preparation of a visual presentation. He said it would not be too difficult to set up cameras and photograph typical situa- tions. There were comments from the committee as follows. Foster said the #1 complaint from the boating public is wakes. The LMCD should become knowledgeable about how to deal with them. He observed that some natural waves (created by wind conditions) are more damaging than boat wakes. The committee has to make an effort to address the boat wake problem. The com- plaints indicate that wakes reduce the quality of the boating experience on the lake. The LMCD has worked with the charter boats to reduce their wakes. He would like to see a work plan put together. He will keep the study of wakes as an agenda item. The material furnished by Grathwol should be studied. Bloom said the 150' distance from shore does not help when the wakes and waves are carried across a bay. He would like to see the committee continue the study of wakes. Boating etiquette is another problem. Some boaters seem to ignore how close they get to another boat. In many cases the violators of the speed regulations just pay the fine as part of their boating experi- t the size enCe'zwak said it is not always the speed of the boa , of the boat is part of the problem. Grathwol said there should be some way of dramatizing the effect of wakes in a graphic form. He has in mind development of irst a video. Partyka said the committee .has to become knowledgeable f and then extend that knowledge to the public. He said enforce- ment may be a part of the solution. Denis Bailey, Hennepin county Lake improvements, suggested getting someone from the Coast Guard to come to a meeting and share the Coast Guard experience. He added that there could be discussion with the marina owners who are selling the larger boats. Grathwol was excused. 2. Draft Ordinance Amending Sect. 3.07 Watercraft for Itire, adding Coast Guard Safety Standards in new subdivision 5 through 9, to consider recommending to the board approval of the second ove reading- There were no objections to the recommendation to appr the second reading of the subject draft ordinance and it will be forwarded to the Board on the consent agenda. I 11 LAKE USE AND RECREATION COMMITTEE September 1.9, 1994 3. Draft Ordinance Amending Sect. 3.09 Special Event, changing the licensing authority for special events to the Sherif£~ and providing the Sheriff with criteria which may be considered in determining whether or not a special event license should be granted, to consider recommending approval to the Board of the second reading. There were no objections to the recommendation to approve the second reading of the subject draft ordinance and it will be forwarded to the Board on the consent agenda. 4. INFORMATIONAL _ MnDNR proposal to change requirements for personal flotation devices (PFD's or life preservers) to meet the Coast Guard rule changing federal requirements for lifesaving devices Foster explained the Coast Guard has determined that a cushion is not a PFD. A cushion does not qualify as a life jacket. The NlnDNR proposes to change its rules to meet the Coast Guard requirements. Foster asked if the committee wishes to respond to the change. MOTION: Partyka moved to support a life jacket for each occupant of a boat in conformance with the Coast Guard regulations. There was rio second to the motion. No action was taken. 5. Hennepin County Sheriff's Water Patrol Report The committee received the Water Patrol report of signifi- cant activity since 8/15/94. The report was accepted and for- warded to the Board. 6. Special Event Refunds MOTION: Zwak moved, Partyka seconded, to recommend approval of the special event deposits refunds of $100 each to the following: A. Antique & Classic Boat Parade, 8/14/94 B. blinnetonka Challenge 5 blile Swim, 8/6/94 C. Limited Bass Predator Classic, Team and Individual Events, 7/9, 8/14 and 8/27-28/94. VOTE: Motion carried unahimously. Bloom commented on the tournament participant boat noise which accompanied the Shelby Bass Tournament. 7. Adjournment MOTION: Zwak moved Partyka seconded, that the meeting be ad- journed. ' VOTE: b]otion carried unanimously. Foster declared the meeting adjourned at 6:45 P. ~1. FOR TItE COMMITTEE; Eugene Strommen Executive Director Bert Foster, Chair RECEIVED SEP LAKE MINNETONKA CONSERVATION DISTRICT Save the Lake Advisory Committee Minutes 5:00 pm, Thursday, September 8, 1994 LMCD Conference Room 160, Norwest Bank Bldg. Present: Chair Craig Mollet, Co-Chair Bob Pillsbury, Stuart Frick, Frank Mixa, Executive Director Gene Strommen MINUTES. Minutes of 8/11/94 were accepted as presented. PROGRESS ON 1994 MAIL SOLICITATION. Contribution receipts through the 7/31/94 financial report are $17,078 with an additional $1,825 received through 8/31/94 for a total of $18,903, Strommen reported. The 1994 budget for mail contributions is $22,500. With the follow-up appeal letter now mailed, response is expected to meet or exceed the income budgeted for 1994. New prospects have been added to the mail list by committee members. Additional prospects have been provided by a Save the Lake business friend, those names being compared to existing Save the Lake roster names. An additional mailing will be made to these new prospects. MISSION STATEMENT FOR SUBCOMMITTEE TO DRAFT RESERVE FUND VISION STATEMENT. The draft Mission Statement prepared by the executive director was discussed with the following recommendations offered: First item of the criteria -- include some examples for the subcommittee's guidance. Last item of the criteria -- eliminate the portion of that criteria which says "keep contributors interested, as well as", the statement, as amended, to read: "Leaves some fund balance so there is an incentive to meet another unforeseen priority." With these changes, the committee agreed it is prepared to move ahead to appoint the subcommittee which was discussed with the LMCD board at its 8/24/94 meeting. Board member Joe Zwak, Greenwood, volunteered to serve on this subcommittee. Chair Mollet will proceed to organize the subcommittee. The subcommittee report will be presented to the committee and then to the board for final review and approval. REVIEW OF PENDING PROGRAMS. The committee reviewed programs it has been considering for possible further action: > Grocery bag promotion with Super Value Stores, recommending that Super Value be asked to include the shoreline litter clean-up message on bags in April as lake ice goes out. Historical video, will require bringing the various historical societies together to pursue this as a special SAVE THE LAKE ADVISORY COMMITTEE, Minutes, 9/8/94, P. 2 project. It may require a special fund raising appeal. Strommen noted in addition to the Excelsior and Wayzata Historical Societies that there is also a Westonka Historical Society and a Pioneer Historical Assn. Mixa named John Palmer as a historical resource person in Wayzata. A plan needs to be developed to bring these resource groups together. > Place mats for restaurant promotion of lake environment messages could be developed during the winter to be ready for use in the spring. > Shoreline litter clean-up by volunteer groups such as Scouts also needs to be reorganized since it did not get implemented as anticipated during the 1994 boating season. NEXT MEETING, ADJOURNMENT. There being no further business, the next meeting was announced for Thursday, October 6. The meeting adjourned at 6:10 pm. Res~ectfull~bmitted, Euge~.R. Strommen Executive Director FROM: SUBJECT: LAKE MINNETONKA CONSERVATION DISTRICT Save the Lake Advisory Committee September 8, 1994 (as amended by the committee) TO: Save the Lake Advisory Committee Members Gene Strommen Mission Statement for Subcommittee to be Appointed to Draft a Save the Lake Reserve Fund Vision Statement INTRODUCTION: The Lake Minnetonka Conservation District Board of Directors has determined that the fund balance on hand as of the 1993 fiscal year close totaling $88,513 is to be held as a reserve for Lake Minnetonka emergency or priority environmental needs. It also determined that the fund should be allowed to grow by reinvesting one-half of the investment earnings, the other one-half being available to fund current Save the Lake program operations. A majority vote of all board members is required to approve expenditures from the reserve fund. Annual programs are normally funded through current Save the Lake revenue raised in the current year. This has not always been true, however. The new resolution establishing a reserve balance now requires that current programs be funded from current revenues. Programs to be funded in the next fiscal year, therefore, may require some funding carry-over from the previous year, depending upon their timing in the program year. DRAFT MISSION STATEMENT: The vision statement subcommittee of the save the Lake Advisory committee is challenged to outline how it foresees or uses which will the reserve funds being applied to a use have the largest and most beneficial means of preserving Lake Minnetonka's environmental and recreational values. Criteria for the subcommittee to consider in arriving at its vision statement are offered as follows: > Lasting value of the investment; > Providing the largest possible public benefit > Addressing environmental needs affecting water quality; Funds will serve to attract equal or larger amount of funding from public or private sources as that provided by the save the Lake reserve fund. will appeal to potential contributors today to meet a future goal which contributors recognize as a lake priority which must be met in the years ahead. Addresses an issue affecting the Lake Minnetonka'S environmental and/or recreational values which likely will not be addressed by another public agency within the time frame that is significant for the lake; Leaves some fund balance so there is an incentive to meet another unforeseen priority. RECEIVEr') :,.zp _2 3 1§g4 LAKE MINNETONKA CONSERVATION DISTRICT Zebra Mussel and Exotics Action Plan Subcommittee Minutes 8:30 am, Wednesday, September 14, 1994 LMCD Conference Rm. 160, Norwest Bank Bldg., Wayzata Present: Tom Penn, Chair, LMCD board; John Batten, Hennepin Parks; Tom Frahm, LMLOA; Dick Nelson, MN Sportfishing Congress; Guest Mike Markell, water recreation supervisor, DNR Trails & Waterways~ Executive Director Gene Strommen; MINUTES. Minutes of the meeting of 7/20/94 were accepted. PUBLIC ACCESS PLANNING AND RELATIONSHIP TO SPREAD POTENTIAL OF EXOTICS THROUGH PUBLIC ACCESS USERS. Water recreation supervisor Mike Markell, DNR Trails & Waterways (T&W), attended the meeting at the subcommittee's invitation. Members asked to be able to express their concerns of how exotics are taken into consideration in planning new or improving existing public accesses on infested waters. They also wanted to learn how T&W evaluates exotics when it makes plans for new or improved accesses. Markel! first offered a background on the authority under which T&W operates. He cited that a MN statute of 1947, 97A of Game & Fish Laws authorized the DNR commissioner to provide public access on lakes over 150 acres. This law has been modified over the years. Markell noted that public accesses have become more important to lakes with the sale of resorts removing many previously available fee-paid accesses. Markell continued that funding for access acquisition and development is provided through the Water Recreation Account which receives money from unrefunded gasoline tax. The access program gets 37% of this amount. In the early years DNR would buy available land for access needs. Today the DNR is involved in an extensive public review process Some 1,400 accesses exist statewide. In 1979 the access program was expanded with the aid of Legislative Commission Minnesota Resources (LCMR) funds. Currently the competition for LCMR funds is high. at the same time acquisition and operating costs are increasing, particularly in the metro area. A priority list of good lakes for water recreation and fishing are targeted for access sites. T&W uses a cooperative effort with local and regional public officials as well as user organizations to secure access support. Funds are allocated around the state on as balanced a basis as possible. ZEBRA MUSSEL AND EXOTICS ACTION PLAN SUBCOMMITTEE 9/14/94, P2 Twin cities site acquisitions are difficult to identify, few are available, and when they are they are very costly, Markell added. The Maxwell Bay access on Lake Minnetonka has been under review for five years he added. South St. Paul had a site on the MississiPpi River which they wanted improved. This site took six years to go through the public review and permit process. The site recently opened in Lilydale is to replace an access being closed in Harriet Island, St. paul. Exotics awareness on a broad DNR basis is recognized, Markell continued. He notes that public education is DNR'S emphasis. He added that his unit's responsibility is to buy, build and operate public accesses as directed by the legislature. The presence of exotics has not limited or prohibited new public access installation or i~provement at the present time. The evidence of exotics, such as zebra mussel being a major threat, is new to T&W. Again, because of the long time from concept to opening, new accesses today began before zebra mussel was a publicly identified threat. A new access being planned on the Mississippi River at the end of Lyndale Ay. Bloomington, near the 1-35W bridge has been under review for ~ive years. It is still not open. Several public agencies are involved in its development- citizen groups have been asking ~or it. The site is a former marina. Frahm reiterated the position that exotics must be considered when developing a public access. He does not believe an access should be opened when exotics could be spread through boats leaving such an access as is the case on the new Mississippi River accesses noted above. Strommen invited the subcommittee to look realistically at the zebra mussel threat in relation to public accesses today. For example, it could approach the DNR'S Ecological Services director, Ms. Lee pfannmuller, and exotics coordinator Jay Rendall, to consider developing a model spread prevention system at a new public access. Ecological Services has the responsibility to deal with spread prevention. (That is why Ecological Services is undertakin~ the Management plan ~or the Ecologically Harmful Exotic Sl, ecies: zebra Mussel, still under draft review since April, 1994. ) Ecological Services would coordinate with Trails & waterways to begin a model public accesses procedure or provide the system/technologY to e~fectively prevent zebra mussel spread. This model could be eventually applied to all accesses at zebra mussel in~ested waters. Inclusion o~ private/fee paid accesses in this procedure or system/technology would be necessary- Achieving this would likely require legislative proposals and support ~or any new governing statutes/funding' ZEBRA MUSSEL AND EXOTICS ACTION PLAN SUBCOMMITTEE 9/14/94, P3 The MN Lakes Assn. has its annual con£erence 0c%. 27-29 on the subject of Exotics & Lake Issues, Strommen reported. Zebra mussel spread prevention at public and private accesses could be further developed among interested parties at this conference. DNR representation is expected at the conference being held at Arrowwood Radisson Resort, Alexandria, Strommen added. Barten reminded the subcommittee that gathering data to identify boat travel between accesses is still needed. Strommen reported from McLain that Jeff Gunderson would be doing this in the fall/winter months. Markell advised that DNR's planning offices may already have much of this information. Markell will contact Tim Kelly for assistance. It will be important to know where boats go upon leaving the Mississippi River, the source of some zebra mussels. It will be necessary to catalog all of the accesses, private and public, on the Mississippi River infested waters. Then boat movement can be monitored. Nelson pointed out that funding the control of exotics spread among water bodies must be expanded beyond the boat license surcharge. He believes multiple dock owners should get active in helping to arrive at workable solutions. Frahm stated he supports some form of limits on boat access as they move from infested to uninfested waters. Boats could be licensed to operate in infested waters. To go to uninfested waters the boat would have to undergo a certified cleaning. It was concluded that Jay Rendall should be invited to the October meeting. SEAGRANT AND DNR REPORTS ON EXOTICS. There were no reports due to the absence of Mike McLain and Gary Montz. A report on the 8/30/94 MN Lakes Assn. exotics review will be requested from Rendall and/or Chip Welling, milfoil coord. MN SPORTSFISHING CONGRESS (MSC) REPORT. Nelson said MSC needs more information on the suggestion to make it unlawful to transport any aquatic plant on a boat/trailer. It has been determined that zebra mussel can be transported on any aquatic plant, and thus a means for this spread exists. MSC will not support a heavy first-offense fine. NEXT MEETING/ADJOURNMENT. There being no further business, the next meeting was agreed for Wed., Oct. 19. The meeting adjourned at 10:15 am. Respectful 1 y ..submitted, ~Eu~e~ R. S t ron{m~n ~ " Executive Director ,- a i ,I, ikt I Jl LAKE MINNETONKA CONSERVATION DISTRICT Administrative Committee Meeting Notice and Agenda 6:30 pm, Wednesday, September 28, 1994 Tonka Bay City Hall 1. Review of 8/24/94 meeting report; Review of Mayor's Report agenda; Progress report on LMCD activities since the May Mayor's Report to be presented for completeness, discussion; bo Additional committee recommendations for the 9/30/94 meeting; Confirmation of board member attendance at 9/30/94 meeting~ 3 Executive Director's report: a. Introduction of administrative secretary LeAann Fenske~ b. Progress report on candidate search for the administrative technician; c. Progress on priorities during the administrative technician position vacancy~ d. Additional administrative progress; 4. Additional business; 5. Next meeting, adjourn: NOTE: Nominating Committee report for a slate of new officers will be made directly to the board; RECEIVED SF.? $ 1§g4 ]'.AK~. MTHNgTONKA CON$~..RVAT'I'ON DTSTRTCT Administrative Committee Minutes 6:30 pm, Wednesday, August 24, 1994 Tonka Bay City Hall Present: Chair Bill Johnstone; Jim Grathwol, Craig Mollet, Gene Partyka, Tom Penn, , Joe Zwak. APPROVAL OF MINUTES. Reese moved, Zwak seconded approval of the minutes of the meeting of 7/27/94; Motion carried. AMENDMENTS TO MN STATUTORY PROHIBITION ON BOATING WHILE INTOXICATED (BWI), MN STATUTE 86B.331. An 8/19/94 memo of prosecuting attorney Steve Tallen brought the committee's attention to the statute change which now makes a person with a prior DWI or BWI subject to a gross misdemeanor (a crime punishable by up to one year in jail and/or a $3,000 fine) as opposed to a misdemeanor (up to 980 days in jail and/or a $700 fine) for a first offense. The letter further points out that all fine revenue and forfeited bail shall bed split evenly between the county in which the violation occurred and the MN DNR. LMCD would therefore not receive fine revenue for its prosecution costs. Tallen proposed approaching county and DNR officials to consider a change in the statute to allow LMCD a share in the fine revenue to cover its prosecution costs. A letter was circulated as drafted by Tallen to Deputy County Attorney Sonya Steven asking her assistance in the matter. Committee discussion prompted Grathwol to recommend: 1. LMCD prosecute violations before it, three already known top be gross misdemeanors. 2. Request the county attorney to appoint Tallen as a special Hennepin County prosecutor to handle all BWI cases. 3. Do not attempt to change the law. This would require LMCD to pay all jail term costs which will likely be larger in the future. Committee discussion ensued on Grathwol's recommendation. Grathwol added he was not sure if LMCD has the authority to prosecute gross misdemeanors. Zwak moved, Reese seconded a recommendation to the board that a request be made to the Hennepin County attorney for Tallen to be appointed as a special prosecutor for Hennepin County to prosecute BWI gross misdemeanor violations, LMCD to continue to prosecute its first offense BWI misdemeanors. Motion carried. ADMINISTRATIVE COMMITTEE MINUTES, 8/24/94, P. 2 NOMINATING COMMITTEE APPOINTMENT FOR NEW OFFICERS. Johnstone proposed a Nominating Committee to select new board o~ficers, the officer candidates to be presented at the September board meeting, the election to take place at the October meeting. Johnstone recommended Tom Penn as chair, to include Bob Rascop, Tom Reese, and Joe zwak. It was the committee's consensus to recommend this slate and procedure to the board. PHOTO COPIER PURCHASE. The executive director reported a used sharp copier available from the City of Tonka Bay. A bid of $500 is proposed. The copier feeds up to 30 copies compared to one at a time for the Xerox, with 15 collating sets, vs. 10 for the Xerox. These features make the upgrade for the $500 price a time-saving value, Strommen concluded. Penn moved, zwak seconded 'to recommend to the board that the used copier be purchased per the $500 bid. Motion carried. LAKE MINNETONKA REGIONAL PARK DEDICATION. An invitation for all board members to attend the Regional park dedication at 1:30 pm, Saturday, 9/17, was announced by the executive director. Board members were asked to confirm their plans. PERSONNEL REPORT: 1. ADMINISTRATIVE SECRETARY HIRING. A final recommendation is pending for the administrative secretary position Strommen reported. He asked the committee recommend to have the board authorize the executive director to hire an administrative secretary within the budgeted allowance of $9.50 to $10.50 per hour. 2. ADMINISTRATIVE TECHNICIAN RESIGNATION. Strommen reported Rachel Thibault's announcement that she is resigning effective 9/6/94. The committee expressed their appreciation to Thibault for her four-plus years service. The need for help within the o~fice was discussed. Strommen reported he believes he will have a secretary hired soon. Penn moved, partyka seconded that the committee recommend the hiring of the secretary within the $9.50 to $10.50 hourly range and that the executive director be authorized to hire temporary help for the next three months as budgeted for regular staff. Motion carried. MAYOR'S MEETING. johnstone proposed holding the quarterly Mayor's Meeting for Friday, 9/30/94. The committee agreed. ADJOURNMENT. The committee adjourned at 7:20 pm. Respectful 1,y~.,.~ ubmj~t t ed, ..... ~-uge~ R. Strommen Executive Director