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1992-05-26May 26, 1992 MINUTES - BOARD OF REVIEW - MAY 26t 1992 CONTINUED FROM MAY 12, 1992 Pursuant to due call and notice thereof, the Board of Review reconvened in the Council Chambers of the City of Mound, Hennepin County, Minnesota, at 5341 Maywood Road, in said city on May 26, 1992, at 7:00 PM. Persons present: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Hennepin County Assessor Keith Rennerfeldt and Hennepin County Appraiser Bill Davy, and the following interested citizens: Paul Brown and Melvin Zuckman. 1.0 Mayor Johnson opened the reconvened Board of Review and introduced Keith Rennerfeldt, Assessor for Hennepin County and Bill Davy, Appraiser for Hennepin County. Mr. Rennerfeldt stated that they had spoken with everyone who appeared before the Council or wrote letters for the May 12, 1992, Meeting and he was presenting the county's decisions as to the value of the properties questioned. The property owner could appeal the county's decision at the Hennepin County Board of Review on June 15, 1992. The county must be notified prior to appearing. PID #24-117-24 11 0019 - RUTH SEGNER, 2541 WEXFORD LANE The Assessor recommended reducing the value of this property from $71,500 to $63,500. PID #13-117-24 34 0062 - HELEN L. WOLNER, (LITTLE LEAGUE FIELD) The Assessor recommended reducing the value of this property from $72,000 to $55,000. PID #24-117-24 43 0034 - MELVIN ZUCKMAN, 2909 BRYANT AVE. SO.t MPLS., MN. 55408 (5012 TUXEDO BLVD.) The Assessor recommended reducing the value of this property from $138,000 to $113,000. Mr. Zuckman was present and still objected to the value on his property. MOTION made by Smith seconded by Jensen to accept the Assessor,s recommended valuation of PID #14-117-24 31 0035 - $113,000. The vote was unanlmously in favor. Motion carried. 4. PID #13-117-24 33 0082 - MASONIC LODGE 77 So 10. 11. 12. May 26, 1992 P.O. BOX 232, MOUND, MN. 55364 (2372 COMMERCE BLVD.) The Assessor recommended reducing the value of this property from $155,000 to $121,000. PID %14-117-24 31 0035 - PAUL BROWN, 6234 CLOVER CIRCLE The Assessor recommended no change - $106,900. Mr. Brown was present and still objected to the value on his property. MOTION made by Smith seconded by Jensen to accept the Assessor's recommended valuation of PID %14-117-24 31 0035 - $106,900. The vote was unanimously in favor. Motion carried. PID %13-117-24 34 0017 - ROBERT HORTSCH, 5226 LYNWOOD BLVD. The Assessor recommended no change - $110,000. PID %13-117-24 12 0023 - PAUL KASTER, 2600 CASCO PT. RD. (1672 EAGLE LANE) The Assessor recommended reducing the value of this property from $30,400 to $25,000. PID %24-117-24 44 0215 - PAUL KASTER, 2600 CASCO PT. RD. (4831 DALE ROAD) The Assessor explained that Mr. Kaster did not want this property reviewed. He just wanted the Assessor to be aware of what he had paid for the property· PID %19-117-23 23 0123 - BOB NYGAARD, 4785 LAGOON DR. (LAKEWINDS CONDOS - D-112) The Assessor recommended no change - $31,500. PID %19-117-23 24 0069 - LOIS SIMMONS, 35 PLEASANT LANE E. TONKA BAY, MN. 55331 (4407 WILSHIRE BLVD., F203) The Assessor recommended no change - $34,400. PID %13-117-24 31 0073 - CLARK L. PETERS 2146 NOBLE LANE The Assessor recommended no change - $68,200. PID %19-117-23 13 0025 0090 0129 %19-117-23 24 0060 - TED FOX - LAKEWINDS #A109 The Assessor recommended no change (0025) - $33,500. The Assessor recommended no change (0090) - $36,700. 78 May 26, 1992 The Assessor recommended no change (0129) - $42,900. The Assessor recommended no change (0060) - $39,800. 13. PID %13-117-24 31 0075 - RONALD POTAS, 2128-2130 CEDAR LANE The Assessor recommended reducing the value of this property from $99,400 to $95,000. Jensen moved and Jessen seconded the following resolution: RESOLUTION %92-54 RESOLUTION ADOPTING THE ENTIRE ASSESSMENT ROLL AS PRESENTED The vote was unanimously in favor. Motion carried. MOTION made by Smith, seconded by Ahrens to adjourn the Local Board of Review at 7:45 P.M. The vote was unanimously in favor. Motion carried. MINUTES - MOUND CITY COUNCIL MAY 26, 1992 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 26, 1992, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Jim Larson, Building Official Jon Sutherland, Park Director Jim Fackler, Dock Inspector Tom McCaffrey, and the following interested citizens: Phil & Vicki Davis, Dave Wisnewski, Jeff McMurray, Archie Hanus, Dean Hanus, Mark Hanus, Melvin Zuckman, Allen Schwingler, Jack & Joan Ronning, Steve Hicks, Mark Bussey, Carole Munson, Geoff Michael, Bill Meyer, Jeff Vint, Mike Roy, Roger Stephanson, and Mark Goldberg. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. RECYCLOTTO WINNER The Mayor presented $300.00 Westonka Dollars to A1 Schwingler, 5301 Bartlett Blvd. 1.1 MINUTES MOTION made by Smith, seconded by Ahrens to approve the minutes of the May 12, 1992, Regular Meeting, and the Mary 19, 79 8O May 26, 1992 1992, Committee of the Whole Meeting, as presented. The vote was unanimously in favor. Motion carried. 1.2 CASE ~92-011~ JACK & JO~N RONNINGt 1717 FINCH LANE~ LOTS 7 & St BLOCK 13, DREAMWOOD~ PID ~13-117-24-130048. VARIANCE - ADDITION The Building Official explained the request. The Planning Commission recommended approval. Jensen moved and Jessen seconded the following resolution: RESOLUTION %92-55 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 1717 FINCH LANE, LOTS 7 & 8, BLOCK 13, DREAMWOOD, PID %13- 117-24 13 0048, P & Z CASE %92-011 The vote was unanimously in favor. Motion carried. 1.3 CASE ~92-013: PHILIP DAVIS, 1701 GULL L~NE, LOTS 1, 2, & PART OF 3~ BLOCK 14t DREAMWOOD, PID ~13-117-24 13 0041. VARIANCE - RAISE SECOND STORY ROOF The Building Official explained the request. The Planning Commission recommended approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION %92-56 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING EXISTING NONCONFORMING SETBACKS TO ALLOW RECONSTRUCTION OF THE ROOF AT 1701 GULL L~NE, LOTS 1, 2, & PART OF 3, BLOCK 14, DREAMWOOD, PID 913-117-24 13 0041, P & Z CASE %92-013 The vote was unanimously in favor. Motion carried. 1.4 CASE ~92-014: STEVEN & T~I~RA HICKS, 2072 SHOREWOOD LANE~ LOTS 13 & 14~ BLOCK 1~ SHADYWOOD POINT~ PID #18- 117 23 31 0006. VARIANCE - ADDITION The Building Official explained the request. The Planning Commission recommended approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION %92-57 RESOLUTION TO APPROVE A VARIANCE TO ALLOW REMODELING OF AN EXISTING HOME AT 2072 80 May 26, 1992 SHOREWOOD LANEv LOTS 13 & 14, BLOCK 1, SHADYWOOD POINT, PID %18-117-23 31 0006, P & Z CASE %92-014 The Council asked that the 35 foot street frontage variance be added to the proposed resolution. The vote was unanimously in favor. Motion carried. 1.5 CASE %92-015: JEFF McMURRAY, 5070 BAYPORT ROAD, PARTS OF LOTS 8 & 9, BLOCK 1, SHIRLEY HILLS UNIT 24 117 24 12 0049. VARIANCE - DECK The Building Official explained the request. The Planning Commission recommended approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION %92-58 RESOLUTION TO APPROVE A 60, UNIMPROVED STREET FRONTAGE VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING DECK FOR LOTS 8 AND 9, BLOCK 1, SHIRLEY HILLS UNIT D, EXCEPT THE WEST 150 FEET OF SAID LOTS, PID %24-117-24 12 0049 (5070 BAYPORT ROAD), P & Z CASE %92-015 The vote was unanimously in favor. Motion carried. 1.6 CASE #92-016: DAVID WISNEWSKI, 1932 SHOREWOOD LANE, LOT 9 & PART OF 8, BLOCK 2, SHADYWOOD POINT, PID% 18-117-23 23 0069. VARIANCE - ADDITION & DECK The Building Official explained the request. The Planning Commission recommended approval. Smith moved and Jessen seconded the following resolution: RESOLUTION %92-59 RESOLUTION TO APPROVE A VARIANCE TO ALLOW CONSTRUCTION OF AN ADDITION AT 1932 SHOREWOOD LANE, PID %18-117-23 23 0069, PORTIONS OF LOT 8 AND LOT 9, BLOCK 2, SHADYWOOD POINT, P & Z CASE %92-016 The vote was unanimously in favor. Motion carried. 1.7 CASE ~92-017: JEFF VINT, 3367 WARNER LANE, LOT 64 IN WHIPPLE SHORES AND LOT 1, BLOCK 12 IN DOUGLAS, PID #25-117-24 24 0056. MINOR SUBDIVISION & VARIANCE The Building Official explained the request. The Planning 81 May 26, 1992 Commission recommended approval. Jensen moved and Ahrens seconded the following resolution: RESOLUTION #92-60 RESOLUTION TO APPROVE A MINOR SUBDIVISION AND VARIANCE RECOGNIZING AN EXISTING NONCONFORHING SETBACK FOR 3367 WARNER LANE, LOT 64, WHIPPLE SHORES, AND LOT 1, BLOCK ~2, DOUGLAS, PID #25-~7-24 24 0056, P & ~ CASE #92-0L7 The vote was unanimously in favor. Motion carried. 1.8 CASE #92-018: MARK & LIZABETH BUSSEY, 3015 HIGHVIEW LANE, LOT 13, BLOCK 4, THE BLUFFS, PID #22-117-24 44 0035. VARIANCE - DECK & SCREEN PORCH The Building official explained the request. The Planning Commission recommended approval, but not unanimously. The two staff recommendations which were as follows: Deny the requested variance based on the lack of hardship and specifically referencing that the property already has a nonconforming deck and that the existing two foot encroachment represents the minimum variance necessary to allow reasonable use of the property. Approve the requested 6 foot sideyard variance resulting in a two foot sideyard setback based on a finding of practical difficulty. If this course is followed, the Planning Commission should identify the practical difficulty at it applies to this property. The Council discussed the two recommendations. MOTION made by Jessen, seconded by Jensen to instruct staff to prepare a resolution of denial for the requested variance based on the lack of hardship. The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.9 PUBLIC LANDS PERMIT APPLICATION FOR CONSTRUCTION ON PUBLIC LANDS: REQUEST TO BUILD A STAIRWAY BY MIKE ROY, 4577 ISLAND VIEW DRIVE AND 82 May 26, 1992 X.10 PUBLIC LANDS PER~IT APPLICATION FOR CONSTRUCTION ON PUBLIC L~.NDS= REQUEST TO BUILD A STaIRWaY BY RO~ER STEPHANSON, 4601 ISLAND VIEW DRIVE The Park Director explained that these two cases can be considered as one but dealt with separately because at the present time there is one shared stairway on Commons for both of these properties. The present stairway is in need of major repair and the applicants are asking to be allowed to install two separate stairways and remove the one shared stairway. The Park & Open Space Commission had a tie vote so there was no recommendation. The Council discussed shared use of one stairway versus 2 separate stairways. Tom Casey, Park Commissioner, asked that the Council consider a minimum number of structures on the Commons and consider the loss of vegetation allowing two new stairways as well as the vegetation under the current stairs. The applicants were present and stated they did sketch out a shared stairway in the same place and as they split the stairs in order to get it out to where the docks would have to be in order to be above water you end up with a very large structure. Therefore they feel the impact on the Commons will be less with two separate stairways. They also stated they are in agreement and will provide erosion control on the area where the old stairway is as well as under the new stairways. The Council discussed the issues. Ahrens moved and Smith seconded the following resolution: RESOLUTION %92-61 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC LANDS PERMIT FOR CONSTRUCTION OF A STAIRWAY ON DEVON COMMONS ABUTTING 45?? ISLAND VIEW DRIVE, LOT 6, CLOCK 1, DEVON, DOCK SITE %41140 The Council asked that the following items be incorporated into the resolution: The City of Mound does hereby approve a Construction on Public Lands Permit to allow construction of a stairway on Devon Commons, (property address, description and dock site #) . ao The Construction on Public Lands Permit will expire in five (5) years, at which time application shall be made for a Public Land Maintenance Permit. 83 May 26, 1992 be The stairway must comply with current building code. Ce The applicant/abutting property responsible for all costs incurred, installation and maintenance. owner is including do The applicant shall remove existing stairway, regrade, and replant, etc. to prevent erosion. Se The applicant shall remove and/or maintain the existing walkway. fe The applicant to provide erosion control measures under new stairway. go The Maintenance Permit must be renewed with change in ownership. Councilmember Jessen expressed concern about the visual impact of two stairways on the lake. The vote was 4 in favor with Jessen voting nay. Motion carried. 1.10 PUBLIC LANDS PERMIT APPLICATION FOR CONSTRUCTION ON PUBLIC LANDS: REQUEST TO BUILD A STAIRWAY BY ROGER STEPHANSONt 4601 ISLAND VIEW DRIVE Smith moved and Ahrens seconded the following resolution: RESOLUTION %92-62 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC LANDS PERMIT FOR CONSTRUCTION OF A STAIRWAY ON DEVON COMMONS ABUTTING 4601 ISLAND VIEW DRIVE, LOT 7, BLOCK 1, DEVON, DOCK SITE %41170 The Council asked that the following items be incorporated into the resolution: me The City of Mound does hereby approve a Construction on Public Lands Permit to allow construction of a stairway on Devon Commons, (property address, description and dock site #). The Construction on Public Lands Permit will expire in five (5) years, at which time application shall be made for a Public Land Maintenance Permit. be The stairway must comply with current building code. 84 May 26, 1992 Co The applicant/abutting property responsible for all costs incurred, installation and maintenance. owner is including de The applicant shall remove existing stairway, regrade, and replant, etc. to prevent erosion. ee The applicant shall remove and/or maintain the existing walkway. The applicant to provide erosion control measures under new stairway. go The Maintenance Permit must be renewed with change in ownership. Councilmember Jessen expressed concern about the visual impact of two stairways on the lake. The vote was 4 in favor with Jessen voting nay. Motion carried. The Council asked that both the applicants from the previous two items get together with the Building Official and the Park Director and go over the plans so that all items are addressed, especially the erosion matter. 1.11 PUBLIC LANDS PERMIT APPLICATION FOR CONSTRUCTION ON PUBLIC LANDS: REQUEST TO RECONSTRUCT AN ~X!STING STAIRWAY ON DEVON COMMONS BY MARK GOLDBERG, 4853 ISLAND VIEW DRIVE The Building Official explained that the applicant is asking to reconstruct a stairway on Devon Commons. The Park and Open Space Commission recommended approval. The Council asked if the stairs were connected to the boathouse. The applicant stated no. Ahrens moved and Smith seconded the following resolution: RESOLUTION #92-63 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC LANDS PERMIT FOR RECONSTRUCTION OF AN EXISTING STAIRWAY ON DEVON COMMONS ABUTTING 4853 ISLAND VIEW DRIVEr LOT 4, BLOCK 14, DEVON, DOCK SITE %43450 The Council discussed the four conditions in the proposed resolution. The following is the way the conditions should read: 85 May 26, 1992 ao The Construction on Public Lands Permit will expire in five (5) years, at which time application shall be made for a Public Land Maintenance Permit. be The stairway must comply with current building code. Ce The applicant/abutting property responsible for all costs incurred, installation and maintenance. owner is including New owner of property must make application for Public,Land Maintenance Permit. The vote was unanimously in favor. Motion carried. 1.12 REQUEST FOR RECONSIDERATION OF A PERMIT FOR CONSTRUCTION ON PUBLIC LANDS FROM DEAN HANUS, 4737 ISLAND VIEW DRIVE The City Manager explained that a letter requesting reconsideration of the above item has been received from Mr. Dean Hanus. Mr. Hanus was present and explained he is looking for a reversal or at least a tabling of the resolution regarding his property until a more thorough investigation of these issues can be made. The Council asked if there was any additional information that was not presented in December with regard to his Permit for Construction on Public Lands. There was none. MOTION made by Smith, seconded by Jessen to deny a request for reconsideration of a Permit for Construction on Public Lands from Dean Hanus, 4737 Island View Drive. The vote was 4 in favor with &hrens voting nay. Motion carried. 1.13 REQUEST FOR A SECOND EXTENSION OF RESOLUTION #91-71, MINOR SUBDIVISION FOR FRANK DREY, WESTWOOD, BLOCK 2, LOT 3 The City Clerk explained that Mr. Drey is trying to clear the title on this piece of tax forfeit property before he files the subdivision. This can be lengthy process. Jensen moved and Jessen seconded the following resolution: RESOLUTION %92-64 RESOLUTION APPROVING AN EXTENSION FOR RESOLUTION %91-71, MINOR SUBDIVISION FOR FRANK DREY, LOT 3, BLOCK 2, WESTWOOD, UNTIL SEPTEMBER 30, 1992 The vote was unanimously in favor. Motion carried. 86 May 26, 1992 1.14 SET PUBLIC HEARING FOR ZONING CODE MODIFICATION BUGGESTED D~TE= SEPTEMBER 8, 1992 MOTION made by Jensen, seconded by Smith to set September 8, 1992, at 7:30 P.M. for a public hearing to consider Zoning Code Modifications. The vote was unanimously in favor. Motion carried. 1.15 APPLICATION FOR PORTABLE SIGN, &MERICANLEGION, FOR MOUND CITY DAYS STEAK FRY The city Manager explained the request. MOTION made by Jessen, seconded by Jensen to authorize issuance of a portable sign permit, quasi public function to the American Legion, 2333 Wilshire Blvd., for ? days (June 15 - 22) for the Steak Fry to be held on Friday, June 19, 1992. The vote was unanimously in favor. Motion carried. 1.16 PAYMENT OF BILLS MOTION made by Smith, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $128,814.98, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Financial Report for April 1992 as prepared by John Norman. B. Planning Commission minutes of May 11, 1992. C. Park Commission minutes of May 14, 1992. D. Economic Development Commission Minutes of April 16, 1992. Notice from Community Education and Services of the annual "Certificate of Compliance" meeting to be held Monday, June 8, 1992 at 7 PM, at the Westonka Community Center, 5600 Lynwood Blvd. (School Board Meeting Room) F. LMCD mailings. MOTION made by Smith, seconded ~y Ahrens to ~djourn ~.9:55 P.M. The vote was unanimous~ f~r./Motlon carrie~. .... E~WA?d J. s~ukle~ Jr., City Manager Attest: City Clerk 87 BILLS May 26, 1992 BATCH 2052 $ 128,814.98 TOTAL BILLS $ 128,814.98