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1995-05-23 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, MAY 23, 1995 CITY COUNCIL CHAMBERS 1. PLEDGE OF ALLEGIANCE. e APPROVE THE MINUTES OF THE MINUTES OF THE MAY 9, 1995 BOARD OF REVIEW, MAY 9, 1995 REGULAR MEETING AND THE MAY 16, 1995 COMMITTEE OF THE WHOLE MEETING. INTRODUCTION OF KELLY FINNICUM AND CHRISTINE COOK, MOUND WESTONKA HIGH SCHOOL STUDENTS RE: EAST ST. LOUIS, ILLINOIS PROJECT. CASE//95-15: ROD LARSON AND MYRNA NOYED, 2976 HIGHLAND BLVD., THAT PART OF BLOCKS 1 & 2, MINNESOTA BAPTIST SUMMER ASSEMBLY, PID//23-117-24-41 0016. VARIANCE TO ALLOW DETACHED GARAGE CASE g95-16: HEIDI HOY, 6669 HALSTEAD AVENUE, LOT 15, HALSTEAD PARK, PID//22-117-24-43 0023. VARIANCE TO ALLOW REMODELING OF DWELLING CASE//95-17: DENNIS ZYLLA, 4925 GLEN ELYN ROAD, LOT 22, BLOCK 24, SHADYWOOD POINT, PID #13-117-24 11 0097. VARIANCE TO CONSTRUCT NEW DWELLING CASE//95-18: DAVID & JACQUELYN LARSON, 4660 HAMPTON ROAD, LOTS 14 & 15, BLOCK 10, PEMBROKE, PID #19-117-23 33 0221. VARIANCE TO ALLOW PORCH AND DECK ADDITION COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. PG. 1543-1572 PG. 1573 PG. 1574-1604 PG. 1605-1625 PG. 1626-1667 PG. 1668-1680 1540 10. 11. 12. APPLICATION FOR CONSTRUCTION ON PUBLIC LANDS PERMIT - /~43575, STEVE SWENSON, 4865 ISLAND VIEW DRIVE REQUEST TO ALLOW PLANTINGS PG. 1681-1692 RESOLUTION AMENDING RESOLUTION NO. 95-37, RESOLUTION ESTABLISHING A TASK FORCE ON THE COMMONS DOCK PROGRAM TO REDUCE THE NUMBER OF MEMBERS FROM 12 TO 11. PG. 1693-1695 RESOLUTION TO APPOINT MEMBERS TO THE COMMONS TASK FORCE. PG. 1696-1697 SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-IN BANKING FACILITY (RETAILING ESTABLISHMENT) IN THE B-1 CENTRAL BUSINESS DISTRICT AT 5211 SHORELINE DRIVE, (NEXT TO HARDEE'S AND IN FRONT OF JUBILEE FOODS) SUGGESTED DATE: JUNE 13, 1995 PG. 1698 13. 14. 15. 16. 17. 18. APPROVAL OF TRANSIENT MERCHANT LICENSE, VFW AUXILIARY, 2544 COMMERCE BLVD. RE: PILLOW CLEANING, SATURDAY, JUNE 3, 1995. APPROVAL OF PERMITS FOR MOUND CITY DAYS JUNE 16, 17 & 18, 1995 - CARNIVAL, CONCESSIONS, CRAFT SHOWS, ENTERTAINMENT FIREWORKS, MERCHANT SALES AND PUBLIC DANCE APPROVAL OF PERMITS - MOUND FIRE DEPARTMENT FISH FRY JUNE 10, 1995 - PUBLIC DANCE PERMIT, SET-UP PERMIT, AND TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR RESOLUTION REAFFIRMING AUTHORIZATION OF CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS. PAYMENT OF BILLS. INFORMATION/MISCELLANEOUS FINANCIAL REPORT FOR APRIL 1995, AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. B. PLANNING COMMISSION MINUTES, MAY 8, 1995. C. LMCD MAILINGS (TO BE HANDED OUT TUESDAY) PG. 1699 PG. 1700 PG. 1700 PG. 1701 PG. 1702-1714 PG. 1715-1716 PG. 1717-1724 1541 Do REMINDER: MONDAY, MAY 29, 1995, CITY OFFICES V~-ILL BE CLOSED FOR MEMORIAL DAY OBSERVANCE Eo REMINDER; SATURDAY, JUNE 10, 1995, AROUND MOUND RUN/WALK 8 AM, MOUND BAY PARK. Fo REMINDER; SATURDAY, JUNE 10, 1995, MOUND FIRE DEPARTMENT FISH FRY, 3-8 PM, WITH DANCE BEGINNING AT 9 PM, MOUND FIRE STATION. G. REMINDER: MOUND CITY DAYS, JUNE 16-18, 1995. 1542 PERSONS PRESENT AT MEETING, PLEASE PRINT YOUR NAME & ADDRESS 11. 12. 13. 14. 15. 16. RESOLUTION NO. 9~ - RESOLUTION RECOGNIZING THE EFFORTS OF KELLY FINNICUM AND CHRISTINE COOK AS ORGANIZERS OF A DRIVE TO COLLECT SCHOOL SUPPLIES FOR THE SCHOOLS IN EAST ST. LOUIS, ILLINOIS WHEREAS, the idea originated in a senior government class at Mound Westonka High School to assist the schools in East St. Louis, IL., because of classroom supply hardships; and WHEREAS, Kelly Finnicum and Christine Cook, two seniors at Mound Westonka High School, decided to organize a fund drive to collect supplies; and WHEREAS, the girls enlisted the support of the entire Westonka School District and Our Lady of the Lake School and area churches; and WHEREAS, they raised over $800 in cash, including $100 from the National Honor Society at the school; and WHEREAS, they also collected several pallets of supplies from various businesses, 8 pallets of school books from the schools, audio and visual equipment and supplies, along with supplies donated from the students and staff. Transportation was donated by a trucking firm to deliver the supplies to the schools in East St. Louis, IL. NOW THEREFORE BE IT RESOLVED, The City Council of the City of Mound on May 23, 1995, commends Kelly Finnicum and Christine Cook as the organizers and the entire Westonka School District for the superb act of fund raising and donating books, supplies and funds to the schools of East St. Louis, IL. Mayor Bob Polston Councilmember Andrea Ahrens Councilmember Mark Hanus Councilmember Liz Jensen Councilmember Phyllis Jessen RESOLUTION NO. 95 - RESOLUTION TO AMEND RESOLUTION #95-37 CHANGING THE COUNT OF THE MEMBERS OF A TASK FORCE ON THE COMMONS DOCK PROGRAM WHEREAS, the City Council of the City of Mound established a task force to deal with concerns on the Commons Dock Program by Resolution No. 95-37; and WHEREAS, the original membership count was to be five persons abutting dock holders who have docks other than their own in front of the homes; three abutting dock holders who have only their docks in front of their homes; and three non-abutting dock holders; and one citizen at large; totaling twelve members; and WHEREAS, this resolution is to amend the membership count of resolution ~5- 37 to the following: three five abutting dock holders who have docks other than their own in front of the homes; three abutting dock holders who have only their docks in front of their homes; and four three non-abutting dock holders; and one citizen at large; totaling eleven twelve members; THEREFORE, BE IT RESOLVED, to amend the above mentioned Resolution No. 95-37 as stated. resolution. Councilmember moved and Councilmember seconded the following The foregoing Councilmembers voted in the affirmative: The foregoing Councilmembers voted in the negative: Mayor Attest: City Manager /e,o 3 March 28, 1995 RESOLUTION 95-37 RESOLUTION ESTABLISHING A TASK FORCE ON THE COMMONS DOCK PROGRAM WHEREAS, the City of Mound operates a municipal dock program known as the Commons Dock Program; and WHEREAS, there has been concern expressed by City Councilmembers and other individuals that the existing program requires improvement; and WHEREAS, the City Councilmembers and individuals have stated that the existing program causes frustration for those that use and fund the program; and WHEREAS, they have suggested that a task force be established to look at the Commons that are applied to the Docks Program to identify the frustrations and irritations that are being experienced by the users of the program; and WHEREAS, this task force would have the responsibility of making recommendations to the City Council for consideration on how the existing Dock Program could be improved. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota that it hereby establishes a task force on the Commons Dock Program which will be made up of twelve citizens of the City of Mound: Five Three abutting dock holders who have docks other than their own in front of their homes; three abutting dock holders who have only their docks in front of their homes; three four non-abutting dock holders; and one citizen at large; totaling twelve eleven members. BE IT FURTHER RESOLVED, that the direction of the task force is to review the level of frustration with the Dock Program and related Commons properties and develop recommendations on how the program can be improved. BE IT FURTHER RESOLVED, that the term of the task force will be approximately six months with the recommendations being submitted to the City Council on or before December 31, 1995. BE IT FURTHER RESOLVED, that an article be placed in the legal newspaper soliciting interest in serving on the task force with interviews to be conducted by the City Council and subsequent appointments made by the City Council. 97 March 28, 199~5 BE IT FURTHER RESOLVED, that City Staff will attend the task force meetings to provide and facilitate information, answer questions, take minutes of the meeting, etc. The foregoing resolution was moved by Mayor Polston and seconded by Councilmember Hanus. The following Councilmembers voted in the affirmative: Hanus and Polston. The following Coun¢ilmembers voted in the negative: Jensen. Councilmembers Ahrens and Jessen were absent and excused. Mayor Attest: City Clerk 98 RESOLUTION NO. 95 - RESOLUTION APPOINTING MEMBERS TO THE COMMONS TASK FORCE WHEREAS, the City of Mound operates a municipal dock program known as the Commons Dock Program; and WHEREAS, there has been concern expressed by City Councilmembers and other individuals that the existing program requires improvement; and WHEREAS, the City Council, by resolution//95-37, established a task force on the Commons Dock Program; and WHEREAS, the City Council has interviewed applicants for membership on the Commons Task Force; and WHEREAS, the City Council has determined that they are ready to make appointments to that task force. NOW, THEREFORE BE IT RESOLVED that the City Council of Mound, Minnesota, appoints the following residents to serve on the Commons Task Force pursuant to the various categories established: Three abutting property owners to Commons who have docks other than their own in front of their property - Frank Ahrens, 4673 Island View Drive Bev Botko, 2149 Cardinal Lane Rodrigo Plaza, 4539 Island View Drive Type 2. Three abutting property owners to Commons who have only their docks in front of their property - Marilyn Byrnes, 2851 Cambridge Lane Mark Goldberg, 4853 Island View Drive Rodney Beystrom, 4466 Denbigh Road Type 3. Four non-abutting Commons Dock users - Dennis Hopkins, 4609 Wilshire Blvd Jim Funk, 3101 Paisley Road Gordy Tulberg, 1711 Finch Lane Royal Moffatt, 5488 Tonkawood Road Type 4. One citizen at large - Rita Pederson, 2865 Halstead Lane BE IT FURTHER RESOLVED, that the task force will make recommendations to the City Council on improvements to the Commons Dock Program. BE IT FURTHER RESOLVED, that the task force will meet for approximately six months, with their recommendations be submitted to the City Council on or before December 31, 1995. The foregoing resolution was moved by , seconded by The following Councilmember voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Manager 2 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NOT/CE CITY OF MOUND MOUND, MINNESOTA CASE NO. 95-19 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-IN BANKING FACILITY (RETAILING ESTABLISHMENT) IN THE B-1 CENTRAL BUSINESS DISTRICT AT 5211 SHORELINE DRIVE NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday. June 13, 1995 to consider the issuance of a conditional use permit to allow a Drive-in Banking Facility at 5211 Shoreline Drive (next to Hardee's and in front of Jubilee Foods). Variances are also being requested for the number of parking spaces and to allow a second pylon sign. The legal description of the subject property is summarized as follows: Lots 7 through 20 inclusive, also Lots 26 through 35, Block 1, Shirley Hills Unit 'F'. PID #13- 117-24 34 0072. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. I~ggy~l~s, Planning Secretary Mailed to property owners within 350' by June 2, 1995, and published in "The Laker" on May 22, 1995. CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 May 18, 1995 TO: FROM: SUBJECT: CITY COUNCIL LINDA STRONG, ACTING CITY CLERK LICENSE FOR VFW - PILLOW FLUFFING License application for the VFW Auxiliary to do Pillow Fluffing Saturday, June 3, 1995 in their parking lot. Request for fee to be waived. Approval contingent upon all required forms, insurance, etc., being Submitted. ls printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 May 17, 1995 TO: FROM: RE: CITY COUNCIL LINDA STRONG, ACTING CITY CLERK PERMITS FOR MOUND CITY DAYS AND MOUND FIRE DEPARTMENT MOUND VOLUNTEER FIRE DEPARTMENT ANNUAL FISH FRY JUNE 10, 1995 PUBLIC DANCE PERMIT - PLEASE WAIVE THE FEE SET-UP PERMIT - PLEASE WAIVE THE FEE TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR PERMIT THESE WILL BE ISSUED CONTINGENT UPON ALL INSURANCE AND OTHER FORMS BEING EXECUTED AND TURNED IN. MOUND CITY DAYS -- JUNE 16, 17 & 18, 1995, REQUESTS THE FOLLOWING PERMITS ALONG WITH WAIVING THE FEES. CARNIVAL CONCESSIONS CRAFT SHOWS ENTERTAINMENT FIREWORKS MERCHANT SALES PUBLIC DANCE THESE WILL BE ISSUED CONTINGENT UPON ALL INSURANCE AND OTHER FORMS BEING EXECUTED AND TURNED IN. /709 printed on recycled paper RESOLUTION NO. 95 - RESOLUTION REAFFIRMING AUTHORIZING CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS WHEREAS, the City Council of the City of Mound, Minnesota did on February 12, 1991, adopted Resolution No. 91-30 entitled, "Resolution Authorizing City Sponsorship in State Grant-In-Aid Snowmobile Trail Funds"; and WHEREAS, the Department of Natural Resources is requesting that the City again reaffirm its sponsorship of the State grant-in-aid snowmobile trail funds; and WHEREAS, the Southwest Trails Association have requested the City of Mound sponsor grant-in-aid snowmobile trails through the Minnesota Trails Assistance Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, is willing to act as a sponsoring unit of government in applying to the State of Minnesota for the grant-in-aid funds for snowmobile trails that will be maintained by the Southwest Trails Association. BE IT FURTHER RESOLVED, that the City Manager is authorized to apply to the Department of Natural Resources for the Minnesota Trail Assistance Program on behalf of the Southwest Trails Association; and The Mayor and City Manager are hereby authorized to execute and approve contractual agreements for this grant. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Manager I?OI BILLS -May 23, 1995 BATCH 5052 Total bills $176,308.71 $176,308.71 CITY OF MOUND BUDGET REVENUE REPORT April 1995 33.33% GENERAL FUND Taxes Business Licenses Non -Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Charges to Other Departments April 1995 Y-rD BUDGET REVENUE REVENUE 1,254,200 0 0 9,800 882 1,999 66,000 9,526 24,656 888,590 1,378 28,993 47,850 435 2,486 60,000 6,913 20,902 81,900 7,169 7,575 0 908 3,947 PERCENT VARIANCE RECEIVED (1,254,200) 0.00% (7,801) 20.40% (41,344) 37.36% (859,597) 3.26% (45,364) 5.20% (39,098) 34.84% (74,325) 9.25% 3,947 N/A TOTAL REVENUE 2 408 340 27,211 90.558 {2.317,782) 3.76% FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND 325,785 34,679 88,320 5,352 1,400,000 104,823 400,000 23,608 730,000 53,471 5,65O 110 70,800 669 130,478 (195,307) 40.05% 20,472 (67,848) 23.18% 381,835 (1,018,165) 27.27% 98,953 (301,047) 24.74% 221,216 (508,784) 30.30% 350 (5,300) 6.19% 72,140 1,340 101.89% 05/09/95 rev95 G.B. CITY OF MOUND BUDGET EXPENDITURES REPORT April 1995 33.33% April 1995 YTD PERCENT BUDGET EXPENSE EXPENSE VARIANCE EXPENDED GENERAL FUND Council 69,330 3,647 33,585 35,745 48.44% Pro motions 4,000 0 0 4,000 0.00% Cable TV 1,380 0 0 1,380 0.00% City Manager/Clerk 184,000 14,252 57,935 126,065 31.49% Elections 2,670 24 1,848 822 69.21% Assessing 51,700 24 1 85 51,515 0.36% Finance 155,920 13,519 49,064 106,856 31.47% Computer 24,800 661 8,982 1 5,818 36.22% Legal 103,520 18,271 32,661 70,859 31.55% Police 833,350 65,302 263,713 569,637 31.64% Civil Defense 4,610 349 905 3,705 19.63% Planning/Inspections 162,280 13,367 43,829 118,451 27.01% Streets 400,860 32,535 123,534 277,326 30.82% City Property 101,160 5,489 28,222 72,938 27.90% Parks 133,530 7,741 33,113 100,417 24.80% Summer Recreation 28,960 0 0 28,960 0.00% Contingencies 15,000 0 6,500 8,500 43.33% Transfers 140,960 10,586 42,347 98,613 30.04% GENERAL FUND TOTAL 2,418,030 185,767 726 423 1,691T607 30.04% Area Fire Service Fund 285,330 20,051 74,679 210,651 26.17% Recycling Fund 118,590 2,901 35,182 83,408 29.67% Liquor Fund 197,410 17,981 69,696 127,714 35.31% Water Fund 371,690 23,190 119,930 251,760 32.27%~ Sewer Fund 1,01 9,480 68,323 378,872 640,608 37.16% Cemetery Fund 5,840 40 243 5,597 4.16% Docks Fund 78,700 822 21,750 56,950 27.64% exp95 O5~O9~95 G.B. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION MAY 8. 199,5 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Bill Voss, Jerry Clapsaddle, Ed Surko, and Becky Glister, City Council Representative Mark Hanus, Building Official Jori Sutherland and Secretary Peggy James. Commissioner Crum was absent and excused. The following people were also in attendance: Rod Larson, Mr. & Mrs. Matt Hoy, Richard DeGuise, Rosemary DeGuise, Bruce Tuttle, Jeanie Tuttle, Ira J. Crider, Edith V. Crider, Mark Lawrence, Matthew Orinstien, Thomas Stokes, Dennis Zylla, David and Jacquelyn Larson, and Brian Johnson. MINUTES The Planning Commission Minutes of April 24, 1995 were presented for approval. MOTION made by Weiland, seconded by Surko, to approve the Planning Commission Minutes of April 24, 1995 as written. Motion carried unanimously. CASE #95-15: ROD LARSON AND MYRNA NOYED, 2976 HIGHLAND BLVD., THAT PART OF BLOCKS I & 2~ MINNESOTA BAPTIST SUMMER ASSEMBLY, PID #23-117-2441 0016. VARIANCE TO ALLOW DETACHED GARAGE. The Building Official, Jon Sutherland, reviewed the Planning Report. The applicant is seeking variance approval to recognize an existing second rental dwelling on the street side of the parcel in order to construct a 30' x 34' conforming garage addition onto the principal dwelling. The rental dwelling does not meet front yard setback requirements. With the proposed addition, the entire parcel slightly exceeds impervious cover restrictions. An identical variance request was reviewed in May of 1994 which was unanimously denied by Resolution #94-79. It is the intent of the Zoning Ordinance that one of the dwellings will be removed. In applying the Zoning Code, the City has always pursued a pattern of consistency in order to ensure the integrity of the Code and to eventually achieve the objectives that are identified therein. Attempts have always been made to remove multiple, occupied dwellings from lots that are zoned for only one principal structure. This case was reviewed extensively in 1994. The proposal was unanimously denied by the City Council after a unanimous recommendation of denial by the Planning Commission. In the view of Staff, this action was conclusive and should be repeated again unless the City Council determines that something has changed. The current application remains unchanged from the application that was thoroughly reviewed last year. Resolution #94-79 states: "the applicants agree that it is their intention to eventually do away with the rental structure but they allege that they cannot afford to do so at the present time for economic reasons." If the applicants do intend to remove the second dwelling in the future, it may be possible to approve the required variances at this time contingent on removal of the rental unit according to an amortization schedule approved by the City Council in accordance with an agreement prepared by the City Attorney. If this option is found to be feasible, the City Council would need to determine the appropriate amortization time period and address the issue of some type of performance guarantee. Planning Commission Minutes May 8, 1995 Applicant, Rod Larson, addressed the Commission, and stated that he hopes the new City Council and Mayor are be more conducive to working with the public. He does not feel it is right for the City to require the rental unit be removed just because he wants to build a conforming garage addition. Weiland commented that the rest of the neighborhood does not have two dwellings on one lot. Voss questioned if there are any enforcement acts that can be taken because there was no permit for converting the garage into a dwelling. Mr. Larson informed the Commission that he has a survey from 1974 which indicates there were two dwellings on the property at that time. He has also been told that the building was used as a dwelling in the 1930's, and in the 1940's it was used as part of Campus Crusade, a bible college, and it was rented in the 50's. Mr. Larson handed out a copy of a survey of the Meisel's property on Bartlett Blvd. and stated that this property is similar as it contains a cabin in addition to the dwelling, and it received a variance. Mueller recalled that the cabin on the Meisel's property had the kitchen removed and it was converted into a workshop, and they did not intend to rent the cabin. He stressed the need to bring these types of properties into conformance. Mueller compared the second dwelling on Larson's property which is about 1,000 square feet, where the cabin on Meisel's property is a minor structure at only 280 square feet on each floor. Mueller asked that the hardcover calculations be clarified. Surko questioned the applicant if he was agreeable to the amortization option. Mr. Larson indicated that it is not a possibility at this point. MOTION made by Surko, seconded by Clapsaddle to recommend denial of the variance as requested, Facts of Finding include: The intent of the Zoning Ordinance is that one of the dwellings will be removed. The second dwelling on the parcel is currently used as a rental dwelling. There is no hardship. MOTION carried unanimously. This case is scheduled to be heard by the City Council on May 23, 1995. 2 Planning Commission Minutes May 8, 1995 CASE #g5-16: HEIDI HOY, 6669 HALSTEAD AVENUE, LOT 15, HALSTEAD PARK, #ZZ-117-24.43 00z3. VARIANCE TO ALLOW REMODELING TO DWELLING. The applicant is seeking a variance to allow reconstruction of the roof on the principal dwelling, expand the front entry with a 4' x 8' covered stoop, and add a nonconforming 3' x 24.5' deck/platform on the lakeside. The nonconforming issues of this property include: Guest Cottage: The guest cottage is a second dwelling unit on the lot which is currently being rented, and according to the applicant, has been rented for some time. It is undersized at 371 square feet. It has been recognized by previous resolutions, and in 1971 its use was allowed to continue when a variance was issued to allow construction of the detached garage. Detached Garage: The garage has a nonconforming side yard setback of 3.4 feet, and was issued a variance by Resolution #71-136 to be constructed in its present location. It is in need of maintenance, however, it is generally in sound condition. Lakeside Dwelling: The lakeside dwelling is currently setback 28.7 feet from the lake, a 50 foot setback is required. The applicant's request of an additional 3 foot deck results in a lakeside setback variance of 18.3 feet. The proposed 4' x 8' covered entry deck on the street side is a light expansion and is in a conforming location. City records indicate a Certificate of Occupancy was issued in 1967, staff assumes it was for this dwelling. Other than the poor design of the roof, and some minor structural work needed to the floor system, the building is in suitable condition for restoration. It has a block foundation that is in good condition with a crawl space under the first floor. There is a small basement utility room (approx. 6' x 12'), containing the furnace and water heater that is below the floodplain and lowest floor elevation of 933 for Lake Minnetonka. The structural roof change would have a minimal impact to the lake. It is unlikely that the nonconforming setback to the lake would be improved if these changes are not allowed. Staff recommended the Planning Commission recommend denial of the request as proposed, and approval of a modified proposal that would include the following: 1. No expansion of any kind into the existing nonconforming lakeside setback. The utility room and equipment be relocated, and the floor of this area be raised to be conforming to the flood protection lowest floor elevation of 933. 3 Planning Commission Minutes May 8, 1995 The guest cottage (rental unit) be removed according to a reasonable amortization schedule as approved by the City Council and that an agreement be prepared by the City Attorney to insure removal. Weiland commented that the garage looks like it could potentially have living space on the second floor, and expressed a concern about the condition of the garage. Matt Hey, representative of the applicant, explained that they intend to fix the appearance of the garage with new siding and a new roof. Mr. Hey stated that they don't need a deck along the entire length of the lakeside dwelling and they will settle for just a stoop. They have no objections to moving the mechanical equipment as recommended by the Building Official. The Building Official confirmed that a stoop, not exceeding 32 square feet in size, is allowed to be within 2 feet of any property line, and therefore a stoop on the lakeside would be permitted. Mueller commented on the poor condition of the garage and noted that one wall shows evidence of a fire, and half of the garage floor has no concrete. He commented on the trashy appearance of the property and the condition of the buildings, and stated that he is not in favor of extending the life of any of these structures. Voss agreed with Mueller and stated that this is a negative proposal which goes against the zoning code. Glister agreed, and commented that the garage looks like it is ready to come down. Heidi Hey commented that it is their intent to upgrade the property, however, the house has only one bedroom, they would prefer the rental dwelling could remain to accommodate family visiting from out of town. They are willing to compromise and would remove the kitchen appliances from the cottage. The Commission discussed the possibility of disconnecting the sewer and water services to the cottage. The Building Official commented that if someone wanted a bathroom or just a sink in a detached garage, they are permitted to do so. Mark Lords, resident of 6665 Halstead Lane, the neighbor to the east, stated that he likes the area, he discussed the condition of the subject property and commented that the garage should be bulldozed. Lords also complained about the driveway which encroaches onto his property. It was noted there is an easement for the driveway. Ira Crider, resident of 6675 Halstead Lane, the neighbor to the west, stated that when he bought his property he demolished the existing cabin and built a new house, and living next to this property has not been pleasant, there have been junk cars stored on the property, and he does not want to see this continue. I 4 Planning Commission Minutes May 8, 1995 Tho Hoy's stated that they are willing to compromise, they will get rid of the renter and will clean-up the property. Surko questioned when the renter could be gone. The Hoy's stated that there is no lease, and the renter has been there for at least eight years, so they need to allow the renter at least 60 days to vacate. She stated that the house will be vacant in the winter, and the renter of the cottage maintained the property. Voss questioned what would prevent them from renting the cottage again? What type of enforcement is available? Voss stated that there is no hardship or practical difficulty to approve the variance. Hanus reassessed the variances being asked for, and commented that they are only being asked to recognize nonconforming situations which have been approved in the past. Hanus confirmed with the Building Official that the garage structure is sound. Hanus does not see a reason to deny the request based on the approvals of this property in the past. Mueller would like to see the cottage amortized for removal, and questioned if the lakeside dwelling should be allowed to be repaired which could extend the life of the structure for 20 years, and it has an excessive nonconforming lakeshore setback. He commented that the garage has never been sided. The Building Official commented that the Hoy's would be permitted to re-shingle the roof of the lakeside dwelling without a variance. This could extend the life of that structure for up to 15 years, and thenit could be reshingled again. MOTION made by Surko, seconded by Hanus, to recommend approval of the variance as requested, subject to the following: An uncovered stoop, not to exceed 32 square feet, be allowed to be constructed on the lakeside of the principal dwelling. The utility room and equipment be relocated, and the floor of this area be raised to be conforming to the flood protection lowest floor elevation of 933. The guest cottage (rental unit) be removed according to a reasonable amortization schedule as approved by the City Council and that an agreement be prepared by the City Attorney to insure removal. Until the time that the cottage is removed, the kitchen appliances shall be removed. 5 /7. I Planning Commission Minutes May 8, 1995 The renter in the cottage shall vacate the cottage within 60 days of City Council approval of the variance. Finding of Facts are that the house was issued a Certificate of Occupancy in 1967, and on May 11, 1971, Resolution #71-136 was approved by the City Council which allowed the constructed of the garage "three feet from the west lot line, providing that all existing buildings except the two dwellings be removed prior to the date of the permit for the garage, . ." Mueller contested that there is no address or legal description on the Certificate of Occupancy. MOTION failed 2 to 6. Those in favor were Surko and Hanus. Those opposed were: Clapsaddle, Crum, Weiland, Michael, Voss, Glister, and Mueller. This case is scheduled to be heard by the City Council on May 23, 1995. CASE #95-17: DENNIS ZYLLA, 4925 GLEN ELYN ROAD, LOT 22, BLOCK 24, SHADYWOOD POINT, PID #13-117-24 11 0097. VARIANCE TO CONSTRUCT NEW DWELLING. The Building Official, Jori Sutherland, reviewed the Planning Report. The owners of the subject site requested a variance from the City of Mound in 1991. At that time, they were attempting to obtain a variance to declare the lot buildable without any specific building plan. Because of the lack of specific building proposal, the request was denied (Resolution #92-27). The subject property is zoned R-1 which requires a minimum lot size of 10,000 square feet. This lot has a total area of 5,120 square feet, resulting in a lot area variance request of 4,880 square feet. The lot has been under the continuous ownership of the Sharps for over 34 years and it has also been assessed for street and utility improvements. Detailed plans for a new home on the subject parcel have been submitted which comply with all setback requirements and meets impervious cover restrictions. Therefore, the only aspect of this case requiring variance approval is the lot area issue. This property is a "Lot of Record" having been established consistent with zoning provisions that were in place at the time of its platting. It has been assessed for municipal improvements and has existing utility stubs available. The fact that it does not comply with current lot area requirements and that it is reasonably impossible to add land to the lot, constitutes a legitimate hardship. Approval of the lot area variance is recommended by staff. 6 Planning Commission Minutes May 8, 1995 Dennis Zylla, applicant, confirmed that they have a signed purchase agreement with Tom Stokes for the purchase of this property. Zylla explained that the owners, the Sharps, are his wife's aunt and uncle. Applicant, and builder, Tom Stokes, explained to the Commission that the Sharp's have a right to reasonable use of their property, and reasonable use is a single family dwelling. Bill Carrow, adjacent resident, spoke in opposition of the request, for the following reasons: lot is too small, virtually all the mature trees will need to be cut down, and the topography is very steep which creates a concern about drainage. Carrow claims that the Sharp's owned an adjacent lot at one time. Carrow submitted a petition to the Chair which included signatures of neighbors who were opposed to the construction of a dwelling on this lot. Drainage concerns were discussed. The Building Official noted that the drainage will be reviewed by the City Engineer prior to building permit issuance. Chair Michael returned the petition to Mr. Carrow and requested that the names be printed, and their addresses and phone numbers be included. Clapsaddle confirmed that this lot was platted prior to the zoning requirements for a 10,000 square foot lot. Jerry Tasa, adjacent land owner, also spoke in opposition to the request. He stated that when he purchased his lot, he was required to purchase an additional lot in order to build his house. He noted that the lot to the south is vacant, and they should be required to purchase this property. Bruce Tuttle also spoke in opposition to the request and noted that this house will ruin their view of the lake. Rosemary DeGuise spoke in opposition of the request, and noted that in 1965 she talked with a person who she assumed to be Mrs. Sharp, and this person knew it was undersized. She does not want to see the trees removed. Mr. Zylla confirmed that the Sharps never owned lots contiguous to this lot. Voss noted that a variance is warranted due to hardship. Mueller confirmed with the Building Official that a lot width variance is not required. MOTION made by Voss, seconded by Mueller, to recommend approval of the variance as recommended by staff. Planning Commission Minutes May 8, 1995 Mueller referred to the bottom of page 54 in the packet which is also page two of the variance application, and states, "We have a 14" and a 26" maple tree that possible could be saved if we could have a front yard setback of 20 feet. This is not part of our formal request because we want to show that we can construct without any setback variances. However, the buyer, and the neighbors, may prefer to save the trees." Weiland commented that he would rather see the trees gone and see a conforming front setback of 30 feet in order to keep in line with the other houses. MOTION carried 7 to 1. Those in favor were: Clapsaddle, Surko, Weiland, Crum, Hanus, Glister, and Mueller. Michael was opposed. This case will be heard by the City Council on May 23, 1995. CASE #95-18: DAVID & JACQUELYN LARSON, 4660 HAMPTON ROAD, LOTS 14 & 15, BLOCK 10, PEMBROKE, PID #19-117-23 33 0221. VARIANCE TO ALLOW PORCH AND DECK ADDITION. Building Official, Jon Sutherland, reported to the Commission that staff recommends approval of the variance request to recognize the existing nonconforming side yard setback of 4.9 feet in order to construct a conforming 14' x 18' three season porch and a deck. MOTION made by Voss, seconded by Clapsaddle, to approve the variance request as recommended by staff. Motion carried unanimously. This case is scheduled to be heard by the City Council on May 23, 1995. REVIEW REQUEST FOR LEAVE OF ABSENCE FROM LISA CRUM. The Commission agreed to allow Commissioner Crum her leave of absence. MOTION made by Weiland, seconded by Clapsaddle, to adjourn the meeting at 10:45 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: 8