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1995-06-27
AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, JUNE 27, 1995, 7:30 PM CITY COUNCIL CHAMBERS 1. PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE JUNE 13, 1995 REGULAR MEETING AND THE JUNE 20, 1995 COMMITTEE OF THE WHOLE MEETING. CASE #95-20: DEAN & JULIANN HUNTER, 5043 TUXEDO BLVD. LOTS 1-6, BLOCK 6, WHIPPLE, PID 24-117-24 43 0071 REQUEST: VARIANCE FOR ADDITION CASE #95-21' MELODY OLSEN, 4873 CUMBERLAND LOT 24, BLOCK 1, ARDEN, PID 24-117 24 44 0021 REQUEST: VARIANCE FOR ADDITION CASE #95-22: BRET NICCUM, 2949 OAKLAWN LANE, LOTS 30 & 31, BLOCK 1 1, THE HIGHLANDS, PID 23-1 17 24 31 0033 REQUEST: VARIANCE FOR ADDITION 6. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT PUBLIC LANDS PERMITS: 40945 ROD PLAZA 4539 41050 BILL & BARB DAHLEN 4555 41080 TAMMY RASK 5109 41110 RAY SALAZAR 4559 41140 RICHARD GLIDWELL 4577 41170 ROGER STEPHANSON 4601 41227 A.R. TOMt~A~ ~ 4609 41272 STEPHEN COOPER 4617 41319 MARY FAITH 4625 41337 JAMES KEUHN 4633 41437 KEITH FOERSTER 4645 ISLAND VIEW DRIVE ISLAND VIEW DRIVE DRUMMOND ROAD ISLAND VIEW DRIVE ISLAND VIEW DRIVE ISLAND VIEW DRIVE ISLAND VIEW DRIVE ISLAND VIEW DRIVE ISLAND VIEW DRIVE ISLAND VIEW DRIVE ISLAND VIEW DRIVE PG. 1801-1808 PG 1809-1824 PG. 1825-1837 PG. 1838-1849 PG. 1850-1862 1798 10. 11. 12. 13. 14. REQUEST TO REPLACE STAIRWAY ON DEVON COMMONS, BY RICHARD SCHERBER, 4921 ISLAND VIEW DRIVE, LOT 16, BLOCK 14, DEVON, DOCK SITE //43882. PG. 1863-1870 DISCUSSION: STAIRWA,¥,ON COMMONS - ROANOKE ~ if~ot_.~~ ~ ~ APPLICATION FOR SIGN PERMIT- QUASI PUBLIC FUNCTION - PORTABLE SIGN - OUR LADY OF THE LAKE INCREDIBLE FESTIVAL PG. 1871-1874 PG. 1875-1876 REQUEST FOR A TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR PERMIT - OUR LADY OF THE LAKE CHURCH INCREDIBLE FESTIVAL PG. 1877 SET PUBLIC HEARING TO CONSIDER A MODIFICATION TO A CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO A MUNICIPAL WELL HOUSE BUILDING LOCATED AT THE FIRE STATION, 2415 WlLSHIRE BLVD. SUGGESTED DATE: AUGUST 8,1995 PAYMENT OF BILLS INFORMATION/MISCELLANEOUS: PG. 1878 Pg. 1879-1887 FINANCIAL REPORT FOR MAY, 1995 AS PREPARED GINO BUSlNARO, FINANCE DIRECTOR. PG. 1888-1889 PLANNING COMMISSION MINUTES OF JUNE 12, 1995. PG. 1890-1893 REMINDER: CITY OFFICES CLOSED JULY 4, 1995 - OBSERVATION OF INDEPENDENCE DAY PARK AND OPEN SPACE COMMISSION MINUTES - JUNE 8, 1995. PG. 1894-1901 ECONOMIC DEVELOPMENT COMMISSION MINUTES - JUNE 15, 1995 PG. 1902 MINUTES OF THE COMMONS TASK FORCE MEETING OF JUNE 20, 1995. PG 1903-1905 1799 Go A "PRELIMINARY" SURVEY THAT HAS BEEN DRAFTED BY THE COMMONS TASK FORCE THAT THEY WOULD LIKE TO SEND OUT TO ALL DOCK HOLDERS IN THE DOCK PROGRAM. IT IS AN "EXPLORATORY" SURVEY THAT WILL GENERATE INPUT FROM THE DOCK HOLDERS THAT HAVE A "PROBLEM" WITH THE EXISTING PROGRAM. MARK GOLDBERG, CHAIR, HAS ASSURED ME THAT THIS IS NOT A SURVEY THAT IS TRYING TO MEASURE ANYTHING. THAT SURVEY, WHICH HE TERMS A "REPRESENTATIVE" SURVEY, WILL BE AN OBJECTIVE SURVEY ISSUED IN SEPTEMBER TO ALL DOCKHOLDERS. PLEASE REVIEW THIS SURVEY AND WE CAN DISCUSS IT TUESDAY EVENING. PG. 1906-1907 POPULATION AND HOUSEHOLD ESTIMATE DATA FROM THE METROPOLITAN COUNCIL AS OF APRIL 1, 1994. THE POPULATION ESTIMATE IS DOWN FROM 1990 CENSUS POPULATION BUT THE NUMBER OF HOUSEHOLDS IS UP SLIGHTLY. PG. 1908-1909 1800 MINUTES - MOUND CITY COUNCIL - JUNE 13, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 13, 1995 at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Phyllis Jessen. Also present were: City Manager Edward J. Shukle, Jr., City Attorney Curt Pearson and Acting City Clerk Linda Strong. The Mayor opened the meeting. The Pledge of Allegiance was recited. 1.1 APPROVE THE MINUTES OF THE MAY 23, 1995 REGULAR MEETING. Councilmember Hanus wanted to amend the minutes on Case #95-16, Heidi Hoy, deleting "..and the owners want to continue renting out the dwelling." Adding "The applicant agreed at the Planning Commission meeting to discontinue the rental use and remove the kitchen facilities. They have since changed their minds and now ask the rental be allowed." Councilmember Jensen said that Councilmember Jessen commented about the archeologist on page 1733, not Councilmember Jensen. MOTION by Councilmember Hanus, seconded by Ahrens and carried unanimously to approve the Minutes of the May 23, 1995 meeting as amended. The vote was unanimously in favor. Motion carried. 1.2 CASE #95-16: RESOLUTION OF DENIAL FOR A VARIANCE TO ALLOW THE REMODELING OF A DWELLING AT 6669 HALSTEAD AVENUE FOR HEIDI HOY. Councilmember Hanus commented on the 5th paragraph, stating the Planning Commission did not recommend denial, that they failed to pass this item. Council agreed to remove the words ".. of denial" from the paragraph, having it read "..and the Planning Commission's review and recommendations were discussed; and" Councilmember Hanus commented on the item #3 on the last page of the resolution. Council discussion agreed to change the word "structure" to "structures". Councilmember Ahrens moved and Councilmember Jessen seconded the following resolution as amended: RESOLUTION #95-59 RESOLUTION DENYING THE REQUEST OF HEIDI HOY, 6669 HALSTEAD AVENUE FOR A VARIANCE TO REMODEL A NON-CONFORMING BUILDING, PID #22-117-24-43 0023, P&Z CASE #95-16 The vote was unanimously in favor, motion carried. CITY COUNCIL MINUTES JUNE 13, 1995 1.3 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.4 APPLICATION FOR A SIGN PERMIT - QUASI PUBLIC FUNCTION - WESTONKA BABE RUTH. City Manager Ed Shukle said the Mickey Mantle Baseball Tournament will be in town and they wanted to hang a banner type sign on the Koenig & Dickinson building ~downtown. Councilmember Hanus commented that the location of where the banner will be displayed does not concur with item e of Section 365:15, Subd. 10 of the Mound City Code. 1.5LICENSE RENEWA'LS. The following licenses are due to expire on June 30, 1995 and are being presented for renewal with the new term dates of 7-1-95 to 6-30-96. Approval is contingent upon all required forms, insurance, etc., being submitted. 0n-Sale Beer Al & Alma's Supper Club House of Moy Off-Sale Beer Brickley's Market PDQ Food Store SuperAmerica Club - On-Sale American Legion Post #398 VFW Post #5113 On-Sale Wine Al & Alma's Supper Club House of Moy Sunday Sales VFW Post #5113 MOTION by Mayor Polston, seconded by Jensen and carried unanimously to approve the above mentioned liquor license renewals contingent upon all required forms, insurance, etc. being submitted. CITY COUNCIL MINUTES JUNE 13, 1995 1.6 PAYMENT OF BILLS. MOTION by Hanus, seconded by Jessen to authorize payment of the bills on the pre-list in the amount of $290,867.22, when funds are available. By roll call the vote was unanimous. 1.7 INFORMATION/MISCELLANEOUS A. DEPARTMENT HEADS MONTHLY REPORTS FOR MAY 1995. B. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR MAY, 1995. C. LMCD MAILINGS - PROPOSED 1996 ANNUAL BUDGET LETTER TO MAYOR POLSTON RE: HENNEPIN COUNTY FAIR AND HIS PARTICIPATION IN IT. REMINDER: SATURDAY, JUNE 10, 1995, AROUND MOUND RUN/WALK, 8 AM, MOUND BAY PARK. REMINDER: SATURDAY, JUNE 10, 1995, MOUND FIRE DEPARTMENT FISH FRY, 3 - 8 PM, WITH DANCE BEGINNING AT 8 PM, MOUND FIRE STATION. G. REMINDER: MOUND CITY DAYS, JUNE 16-18, 1995. REMINDER: COMMITTEE OF THE WHOLE MEETING. JUNE 20, 1995, 7:30 PM. At 7:55 PM, the Council went into Executive Session and returned to the chambers at 9:20 PM. 1.8 EXECUTIVE SESSION - FLACK vs. CITY OF MOUND Mayor Polston called the meeting back to order and asked the City Attorney to give the findings on the Executive Session. City Attorney Curt Pearson stated the discussion held in the Executive Session related to the litigation by Dennis Flack and five other residents of the City against the City of Mound relating to questions on Wawonaissa Commons. The Court referred the matter to a Referee and the Referee has prepared proposed findings. The findi?gs CITY COUNCIL MINUTES JUNE 13, 1995 subdivision have rights and they are not defined or covered by the memorandum, nor are they affected by the proposed ruling because they were not parties to the action. Mr. Pearson read the following from the memorandum, "Under the current application by the City of the dock ordinance, the plaintiffs are assured of a dock site as the owners of lots which adjoin Wawonaissa Common. Ironically, a decision by this court for the plaintaiffs will mean they no longer are assured of a dock site. All owners in Woodland Point will then have equal rights to use Wawonaissa Common. The only benefit to the plaintiffs would be that they would be free from the control exercised over Wawonaissa Common by the City." Mr. Pearson went on to say that the Referee did not find a common law dedication of the property, therefore, not subject to a City easement. The City can either do nothing which would leave the Referee's findings go to the judge who will probably put them into an order; or the Council has the opportunity to file written objections. The council needs to decide which to do at this point. Mayor Polston asked the City Attorney Curt Pearson to state the areas of objection. The City Attorney stated the questions: The court holds that Wawonaissa common and Waurika Common are separate commons but there is no definition or boundary in the proposed findings which indicates where the commons are, where one starts and the other ends. - The proposed findings seem only to relate to Wawonaissa Common, but Waurika Common is also a private dedicated common in the same plat. The ~~status of Canary Beach and Waurika commons is not kriown. The City is a major property owner in the subdivision. The City is askin§ of the court what the rights the City has. Since the City represents the public, can the City build a dock on the commons? How can the City assign rights to the citizens to utilize any or all of the City's rights on the commons? Are there other creative means of extending the public's ownership and public participation so that the public can use this? Could the City be authorized to work with the inlanders and the people who abut the commons to form some sort of homeowners association which could at least assign dock sites, perform basic maintenance functions, and oppose any attempt to block free access of the commons to the people in the area? Questions were also raised in the counter-claim concerning the City feels it has rights to regulate and police powers, these issues are not addressed in the report. These items are only part of the list the City could raise to the judge. Motion by Jessen, seconded by Jensen to prepare written objections to the Referee's findings and present those to the judge for clarification and hearing. CITY COUNCIL MINUTES JUNE 13, 1995 The vote passed three to two. Hanus and Ahrens voted nay. Mayor Polston stated he would like to see all of the dock holders involved with input to the Commons Dock Task Force. Councilmember Hanus stated he voted no because he did not feel the Council's questions would make any difference in the judge's decision. He wants to move on, be proactive and work with the remaining dock situations. Councilmember Ahrens voted no as she wanted no more legal expense. MOTION by Ahrens, seconded by Hanus and carried unanimously, to adjourn the meeting at 9:35 PM. The meeting adjourned at 9:35 PM. Mayor Attest: Acting City Clerk MINUTES - COMMITTEE OF THE WHOLE - JUNE 20, 1995 The meeting was called to order at 7:30 PM. Members present: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Phyllis Jessen. Also present: City Manager Ed Shukle and Jim Fackler arrived later in the meeting. Streamlining of Variances City Manager Ed Shukle reported that the staff had written comments with regard to this topic. He asked if the Council wanted to spend a few minutes reading the material. They suggested that he summarize it, he did. After the summary was given the Council suggested that the matter be forwarded to the Planning Commission for their review and comment. This will be discussed at the Planning Commission meeting of June 26th. Vehicles for Sale Ordinance City Manager Ed Shukle discussed the Vehicles for Sale Ordinance Amendment. He pointed out that a number of complaints have been received from businesses and individuals regarding the sale of vehicles on public properties as well as private properties. He presented a proposed ordinance amendment drafted by the City Attorney for review. The City Council reviewed it and expressed some concerns in relation to enforcement of the ordinance pertaining to private property. They stated that they may want to limit the number of vehicles for sale parked on private property. They were somewhat uncertain as it pertained to prohibiting sales of vehicles on private property. They suggested that this matter be forwarded to the Planning Commission for discussion and review and comment at its June 26th meeting. Recreational Fires City Manager Ed Shukle presented an ordinance amendment dealing with recreational fires. He indicated that recreational fires have been continuing to be a problem as they relate to the size of the fire and parties associated with these fires. He presented an ordinance amendment that would further clarify the regulation of recreational fires. After the City Council reviewed and discussed it, they suggested some modifications be made and it be brought back at a future meeting. Compost Site Councilmember Ahrens expressed a concern with regard to the lack of a compost site. She indicated that people are calling with regard to milfoil and other forms of yard waste and accommodations that could be met by the City with relation to getting rid of this material. Mayor Polston indicated that the City of Minnetrista is interested in working together with the City of Mound in trying to develop another compost area. Minutes - Committee of the Whole June 20, 1995 They asked the City Manager to contact the City Clerk/Administrator in Minnetrista tO explore options. Stairways on Commons was unhappy with a stairway that is being Councilmember Ahrens indicated that she located on the Commons at Roanoke. This stairway, in her opinion, did not need to be replaced. Neighbors are concerned that they were not consulted. A Mr. John Gabos of 4687 Island View Dr ve was reviewed,,J'A~'e~s-~-~p-~-~-~d t~l~-e-n~ci for the City to take itself through the Construction on Public Lands process as it relates to stairway construction. The consensus of the Council was to have future projects like this undergo a Construction on Public Lands Permit. With regard to the Roanoke access, it was suggested that the remainder of the stairway construction be suspended until discussion could take place at the next regular meeting. The City Manager was instructed to place this item on the next agenda for discussion. Also related to the Construction on Public Lands Permit, is that the City should, in the future, send notices to abutters, non-abutters and the public at large (through legal notice) to notify people of the construction. As part of the Construction on Public Lands Permit process an estimate and the number of docks that the stairway would serve should be included as part of the application. Also related to Commons, Council discussed batch #6 of the Public Lands Permits. Councilmember Ahrens indicated that the Park and Open Space Commission was confused when she indicated to them at the meeting on June 8th, that the City Council was only going to deal with permits related to health, safety and welfare. The City Manager then found the Minutes of the March 14, 1995 meeting dealing with this issue and indicated that the request for a moratorium, that had been talked about at that City Council meeting, was put aside because the city attorney indicated that a moratorium was inappropriate. It was the understanding of the city manager that we would proceed as we had with public land permit applications and that the City Council would deal with each permit on a case by case basis. The city manager was asked to have this matter clarified by the city attorney so that only health, safety and welfare type permits would be reviewed in 1995. It was the concern of the Council that the Commons Task Force be allowed to make its recommendations prior to the City Council dealing with these permit applications that do not effect health, safety and welfare. Other Business The type of zoning appropriate for domestic abuse shelters was discussed. manager was asked to research this through the city planner and the Commission. The city Planning 2 Minutes - Committee of the Whole June 20, 1995 Weeds in parks was discussed and the treatment of the weeds. The Council also discussed the budget process for 1996. It was requested that a budget workshop be held at the Committee of the Whole meeting in October, with the city manager to go over the budget in more detail prior to the actual public hearing that will be held in December. It was noted that the next meeting was scheduled for July 18, 1995 at 7:30 pm. It was the concensus that the Council cancel the COW for that evening. Upon motion by Ahrens, seconded by Jensen and carried unanimously, the meeting was adjourned at 10:20 PM. City Manager ES:Is 3 PROPOSED RESOLUTION #95-~ RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING DETACHED GARAGE TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 5043 TUXEDO BLVD. LOTS I - 6, BLOCK 6, WHIPPLE, PID 24-117-24 43 0071 P&Z CASE #95-20 WHEREAS, the owners, Dean and Juliann Hunter, have applied for a variance ~,,~,a~to recognize the existing nonconforming setbacks to three detached accessory uildings on the property, in order to construct a conforming two story garage tion, and; WHEREAS, this property is located in the R-1A zone which requires a minimum lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks, and a 50 foot setback to the lake, and; WHEREAS, the nonconforming accessory buildings include: 24' x 28' detached garage of masonry construction: This structure is setback approximately 12 feet +/- to the front property line, resulting in the recognition of an 8 foot variance. There is approximately a 17 foot wide boulevard that increases the actual distance to the street. The setback to the water is 30 feet +/- resulting in a 20 foot +/- variance. The building is in good condition and would be difficult to relocate due to its masonry construction. 10' x 12' wooden shed on the street side: The applicant has agreed to relocate this shed to a conforming location. 12' x 14' metal shed on the lakeside: The applicant states this shed was on the property when they purchased it twelve years ago. They would like this shed to remain as is. The lake setback is nonconforming at 25 feet +/-. and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows' Proposed Reso/ut/on Hunter, #95-20 Page 2 The City does hereby approve a variance to recognize the existing nonconforming front yard setback of 12 feet +/- and lake side setback of 30 feet +/- to the 24' X 28' detached garage, to allow construction of a conforming addition, subject to the following: The nonconforming 10' x 12' wooden shed be removed prior to building permit issuance. e The nonconforming 12' x 14' metal shed be removed within 90 days of approval of the variance by the City Council. 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 34' x 35' garage addition and 29' x 26' second story addition. This variance is granted for the following legally described property: Lots 1, 2, 3, 4, 5, and 6, Block 9, Whipple. 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 JUNE 12, 1995 CASE #95-20: DEAN & JULIANN HUNTER, 5043 TUXEDO BLVD., LOTS 1 - 6, BLOCK 6, WHIPPLE, PID 24-117-24 43 0071. VARIANCE FOR ADOITION. The applicant is seeking a variance to recognize the existing nonconforming setbacks to the three detached accessory buildings on the property, in order to construct a conforming two story garage addition. This property is located in the R-1A zone which requires a minimum lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks, and a 50 foot setback to the lake. The nonconforming accessory buildings include: 24' x 28' detached garage of masonry construction: This structure is setback approximately 12. feet +/- to the front property line, the required setback is 20 feet resulting in the recognition of an 8 foot variance. There is approximately a 17 foot wide boulevard that increases the actual distance to the street. The building is in good condition and would be difficult to relocate due to its masonry construction. 10' x 12' wooden shed on the street side: The applicant has agreed to relocate this shed to a conforming location. 12' x 14' metal shed on the lakeside: The applicant states this shed was on the property when they purchased it twelve years ago. They would like this shed to remain as is, it is nonconforming to the lake setback. If the shed is to remain, it must be located on the survey, and setbacks must be verified to the lake. Planning Commission Minutes June 12, 1995 The exterior of this dwelling will be improved by the addition of the garage and second story. The condition of the unfinished siding on the east side of the dwelling will be resolved by the new fire separation that is required. The balance of exterior siding work that is unfinished from previous expired permits can now be reissued in conjunction with the garage addition permit. Our new ordinance that requires all exterior work be completed within one year will be effective with the new permit. Other issues on this site, such as the exterior storage, have been brought to the attention of staff and are being addressed. The additional storage space created by the new garage should help this situation. Staff recommended the Planning Commission recommend approval of the variance request as proposed, subject to the condition that the street side accessory building be relocated to a conforming location. The Building Official confirmed that the masonry garage is about 30 feet from the water, and the metal shed is about 25 or 30 feet from the water. Weiland questioned if the metal shed could be removed. The applicants stated that they would be willing to remove the metal shed, however, they would like it to remain until the garage addition is completed so they have a place to move the items stored within the shed. The Building Official suggested that the wood shed be removed before building permit issuance, and that the metal shed could remain for 90 days. The possibility of allowing the shed to remain until final inspection on the new construction was discussed. The Building Official stated that the applicants should be able to finish their project within 90 days. MOTION made by Clapsaddle, seconded by Weiland, to recommend approval of the variance to recognize the existing nonconforming garage to allow construction of a conforming addition, subject to the following: The nonconforming 10' x 12' wooden shed be removed prior to building permit issuance. The nonconforming 12' x 14' metal shed be removed within 90 days of approval of the variance by the City Council. MOTION carried unanimously. This case is scheduled to be heard by the City Council on June 27, 1995. DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Planning Commission Agenda of June 12, 1995 Planning Commission, Applicant and Staff Jon Sutherland, Building Official .~ Variance Request Dean and Juliann Hunter 95-20 5043 Tuxedo Blvd., Lots 1 - 6, Block 6, Whipple, PID #24-117-2443 0071 R-lA Single Family Residential BACKGROUND: The applicant is seeking a variance to recognize the existing nonconforming setbacks to the three detached accessory buildings on the property, in order to construct a conforming two story garage addition as shown on the attached survey. This property is located in the R-lA zone which has the following yard area requirements: Lot Area 6,000 SF Lot Width 40' Front Yard 20' Side Yard 6' Lakeside 50' The nonconforming accessory buildings are listed for discussion as follows: 1. 24' x 28' detached garage of masonry construction: This structure is setback approximately 12 feet +/- to the front property line, the required setback is 20 feet resulting in the recognition of an 8 foot variance. There is approximately a 17 foot wide boulevard that increases the actual distance to the street. The building is in good condition and would be difficult to relocate due to its masonry construction. printed on recycled paper I Staff Report Hunter, #95-20 Page 2 2. 10' x 12' wooden shed on the street side: The applicant has agreed to relocate this shed to a conforming location. 3. 12' x 14' metal shed on the lakeside: The applicant states this shed was on the property when they purchased it twelve years ago. They would like this shed to remain as is, it is nonconforming to the lake setback. If the shed is to remain, it must be located on the survey, and setbacks must be verified to the lake. COMMENTS The exterior of this dwelling will be improved by the addition of the garage and second story. The condition of the unfinished siding on the east side of the dwelling will be resolved by the new fire separation that is required. The balance of exterior siding work that is unfinished from previous expired permits can now be reissued in conjunction with the garage addition permit. Our new ordinance that requires all exterior work be completed within one year will be effective with the new permit. Other issues on this site, such as the exterior storage, have been brought to the attention of staff and are being addressed. The additional storage space created by the new garage should help this situation. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request as proposed, subject to the condition that the street side accessory building be relocated to a conforming location. JS:pj The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on June 27, 1995. VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: City Council Date: Di~tributi0n: City Planner ~.(o Public Works City Engineer DNR Other Application Fee: $50.00 Please type or print the following information: Address of Subject Property Addition ~ ~x ~ © ~\ ~ ~ V Block ~:~ Pm No. Day Phone Owner's Address Applicant's Name (if other than owner) ~ 0,.~",~. Address ~.C,.xh".e... Day Phone ~a.5'r~ Has an application ever been made for 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.): 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 ~). ff no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): C-S-~;FBACKS: required Front Yard: (NSEW) Side Yard: ( N S E W ) Side Yard: ( N S E W ) Rear Yard: ( N S E W ) Lakeside: ( N S E W ) : (NSEW) Street Frontage: Lot Size: Hardcover: requested VARIANCE (or existing) ft. ft. ft. ff. ff. ft. ff. ff. ff. ft. ff. ff. ft. ff. ff. ff. ft. ft. sq ft sq ft sq ft sq ft sq ft sq ff Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~(J, No (). ff 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? Please describe: ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage ( ) existing situation ( ) too shallow ( ) shape ( ) other: specify Variance Application (! 1/93) 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 ~. ff yes, explain: /- 7. Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain: Are the conditions of hardship 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? 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. Applicant's Signature Date 6 ,-I -,4 . ~ ~ ~~ ,,. ~ .... ~d I,iJ X I-- 6'£G~ CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) ii'PROPERTY ADDRESS' ¢:; ~LL~ ~-~- --- ~ ~. ~ --- ,, LOT AREA SQ. FT. X 30% = (for all lots) .............. I I LOT AREA ~(~0 ("~.¢1~Q. FT. X 40% = (for Lots of Record*) I I LOT AREA SQ. FT. X 15% = (for detached buildings only) . . J j *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 LENGTH WIDTHSQ FT ~-~ x z~.o = ~.~-~/ X = DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with pervious surface under are not counted as hardcover OTHER TOTAL HOUSE ~ ,~ x ,o = ~%.~. TOTAL DETACHED BLDGS ................. X TOTAL DRIVEWAY, ETC ~ x I0 X TOTAL DECK TOTAL OTHER X = TOTAL HARDCOVER / IMPERVIOUS SURFACE UNDER /OVER (indicate difference) ............................... PREPARED BY DATE l 't ADDRESS: A ,~ ZON~E: R_ EQ. LOT AREA: EXIST. LOT AREA REQUIRED STREET F-~ONTAGE/WIDTH: 0 ' - ~ --'--------- ~ EXISTING LOT DEPTH' "~/~ ~ ~' ~ RE~3UIRED SETBACKS ~ ' ~--~ L.) '~ _P_RI_NCIP UILDING/HOUSE FRONT.~ N~)S E~ ~O f FRON~ S E W -- SIDE: N S E W SIDE: N S E W REAR: N S E W 15' LAKESHORE: ., 50' {measured from O.H,W.) TOP OF BLUFF: ~ ACCES~ BUILDING/GARAGE/SHED FRONT/ N?S E w ~dO'- FRON'I"~ S E W -- SIDE: N S E W 4' or 6' SIDE: N S E W 4' or REAR: N S E W 4' LAKESHORE: 50' measu[ed from O.H.W. TOP OF BLUFF: EXISTING AND/OR PROPOSED SETBACKS: _P_RI_NCIPAL BUILDING HO SE FRONT: N S E W -- SIDE: N S E W ...~ SIDE: N S E W - ..~ REAR: N S E W LAKESHORE: ACCES~y BUILDING/GARAG,E/SH~D . _F_RONT(,__~)S E W I'~ / [' ."~" ~'/-"~ ~ FRONT: N S E W -- ' -- '-' TO ~L)l~ SIDE: N S E W SIDE: N S E W REAR: N S E W TOP OF BLUFF: ---~'~ ' +/'' LA~ESHORE: - ,. +- - "' ~ ----'-"--- I TOP OF BLUFF: HA COV CONFORMIN O / ? IS THIS PROPERTY CONFORMING? YES ~ BY: onm~ TUXED0'~',~ (r,) ~ PROPOSED RESOLUTION #95- RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 4873 CUMBERLAND ROAD LOT 24, BLOCK 1, ARDEN, PID 24-117-24 44 0021 P&Z CASE #95-21 WHE S, the owner, Melody Olsen, has applied for a variance to allow constructionta garage addition that will be nonconforming to the required 10 foot side yard setback, and to recognize the existing nonconforming front yard setback of 29.8 feet to the dwelling, and; .WHEREAS, a conforming screened porch is also proposed to be constructed on top of the existing deck, and; WHEREAS, hardcover on this site is conforming, and; WHEREAS, this property is a lot-of-record in the R-1 single family zone which requires a lot area of 10,000 square feet, a front yard setback of 30 feet, and a side yard setbacks of 8 and 10 feet, and; WHEREAS, the applicant has considered purchasing the adjoining property from the City in order to alleviate the side yard variance, however, this could be a timely~process,_ and; _~/:~ Cz-~,~:~-c-,~cr~ '~ ~/~'2. WHEREAS, the proposed garage has a minimal impact on the adjoining City property, and; WHEREAS, the Planning Commission has reviewed the request and recommended approval as it is a reasonable use of the property and the nonconforming setback has a minimal impact. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a 6 foot side yard setback variance to allow construction of a garage addition, and does recognize the existing nonconforming front yard setback of 29.8 feet. 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 Resolut/on Olsen, #95-21 Page 2 It is determined that the livabilit¥ 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 24' x 24' garage addition, and a screened porch over an existing 16' x 20' deck. This variance is granted for the following legally described property: Lot 24, Block 1, Arden. 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 JUNE 12, 1995 ~ MELODY OLSEN 4873 CUMBERLAND ROAD LOT 24 BLOCK 1 ARDEN PID 24-117-2444 0021. VARIANC~ITION. The applicant is seeking a variance to allow construction a garage addition that will be nonconforming to the required 10 foot side yard setback. A conforming screened porch is also proposed to be constructed on top of the existing deck. The existing dwelling is slightly nonconforming to the required front yard setback by .2 feet. Hardcover on this site is conforming This property is a lot-of-record in the R-1 single family zone which requires a lot area of 10,000 square feet, a front yard setback of 30 feet, and a side yard setback of 8 and 10 feet. As noted on the survey, the applicant was seeking to purchase the adjoining property from the City in order to square-up the configuration of the lot and provide for additional setback to the proposed garage. Due to unforeseen circumstances, she is unable to pursue that option at this time. A variance would still have to be obtained, however, due to the nonconforming status. The proposed garage has a minimal impact on the adjoining City property. Staff recommended the Planning Commission recommend approval of the variance request as proposed as it is a reasonable use of the property and the nonconforming setback has a minimal impact. MOTION made by Voss, seconded by Surko, to recommend approval of the variance as recommended by staff. Weiland commented that now would be the time to get the applicant to purchase the adjacent property. The Commission discussed the process involved for the applicant to obtain the portion of adjacent City property. Clapsaddle commented that due to the minimal impact of the requested variance, it should be approved. The Commission encouraged the applicant to pursue the plan to purchase a portion of the property. MOTION carried 7 to 1. Those in favor were: Clapsaddle, Crum, Glister, Michael, Surko, Hanus and ross. Weiland was opposed. This case is scheduled to be heard by the City Council on June 27, 1995. CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of June 12, 1995 Planning Commission, Applicant and Staff Jon Sutherland, Building Official Variance Request Melody Olsen 95-21 4873 Cumberland Road, Lot 24, Block 1, Arden, PID #24-117-2444 0021 R-lA Single Family Residential BACKGROUND: The applicant is seeking a variance to allow construction of an attached garage that will be nonconforming to the required 10 foot side yard setback. A conforming screened porch is also proposed to be constructed on top of the existing deck. The existing dwelling is slightly nonconforming to the required front yard setback by .2 feet. Hardcover on this site is conforming This property is a lot-of-record in the R-1 single family zone which requires a lot area of 10,000 square feet, a front yard setback of 30 feet, and a side yard setback of 8 and 10 feet. COMMENTS: As noted on the survey, the applicant was seeking to purchase the adjoining property from the City in order to square-up the configuration of the lot and provide for additional setback to the proposed garage. Due to unforeseen circumstances, she is unable to pursue that option at this time. A variance would still have to be obtained, however, due to the nonconforming status. The proposed garage has a minimal impact on the adjoining City property. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request as proposed as it is a reasonable use of the property and the nonconforming setback has a minimal impact. The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on June 27, 1995. /~ ~ ~ ~ printed on recyclecl paper V~CE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date:~ City Council Date:~~ Distribution: City Planner ~ Public Works City Engineer DNR Other Application Fee:~ Case No.~'"'Z I Please type or print the following information: Address of Subject Property~~ District ~ ~ (~ Use of Property: PIX) No.~ 47z- 15c10 Owner's Name ~ %l,: ~"~r i\\ _(~IS c I~ Day Phone ~ner's Ad~ess~ Ic~,x~ . mC ' A~t's Nme (if o~er ~ owner) ' ' /" ~ ' ' / '//' Ad~s ~ 7 7 ~;-~ .~u~' ~ ;~ .,..~,.''~ ~.~ Day Phone Has an application ever been made ifor 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.): 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. J~o (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS': required requested VARIANCE (or existing) Front Yard: ((.¥~S E~W ) ~ O ft. -- ft. ~ Side Yard: ( N S IE~:) lC ft. ~ ft. '(~ Side Yard: ( N S/~W ) t c3 ft. ft. Rear Yard: ( N~ W ) I% ft. ft. Lakeside: ( N S E W ) ft. ft. : (NSEW) ft. ft. Street Frontage: I Q~' ~'-~ ft. ft. Lot Size: ~ :%'.-q sq ft sq ft Hardcover: sq ft sq ft ft. ft. ft. ft. ft. ft. sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? YesX¢~ 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 ( ) too shallow (x) shape (~ other: specify Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of any.o/ae having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~ If yes, explain: W.as lthe hardship created by any other man-made change, such as the relocation of a road? Yes (), No'~). If yes, explain: Are the conditions of hardship 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. Signature .~~'~~C~. ~~ Applicant's SignatureQ~~~4/' _Q-~~~~ HENNEPIN COUNTY, MINNESOTA ot' m,~rov-rcl rood "'~ · · '.' ":' ' · N g?° ~2' wi IO3. e5' "'- NS?"52'W 61~.Zl._~ Iron marker s are based upon an assumed datum. GAL DESCRIPTION: ck 1, ARDEN. OPERTY/~O~E ADDED: of Lots 20,21,22 and '23, Block. 1, ARDEN, wh'~h.lie ea~sterly of a line ~aralle] w~_h th~ ~.~.~ 1~,-,,- ,,,.~: *r.,.,~- ~,~ CERTIFICATE OF SURVEY FOR MELODY OLSON IN LOTS 20.21.22.23. AND 24. BLOCK 1. ARDEN HENNEPIN COUNTY, MINNESOTA o:.denotes Iron ;arker All bearings are based upon an assumed datum. EXISTING LEGAL OESCRIPTION: Lot'24, Block I, ARDEN. PROPOSEO PROPERTY TO 8E AOOEO: Those pa:ts o£ Gore 20f21,22 and '23, Block. 1~ ARDBN, which lie ea%terly o£ a llne ~rwan south parallel with the Ps.st line. of Lot 24/ said Block 1, from the Northwest corner..of said.Lot 24 ..... This survey intends to show'the boundaries of the above described property, and the location of an existing house, shed, and driveway thereon. It does not purport to show any other imptov~ments or encroachmen[s. I hereby certify Ihnl this survey was prepared by me er under my direcl ssper- vt~hm, ai~d thai I am a d.iy registe~ed Civil En§ineer and La~ 5uweyor under Ihu 14w~ ~d Ihs Slale of Mtnn~(ffa. ores I0.6' 9~ SC6LR~t CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: OWNER'S NAME: LOTAREA /0(~'~L~,')~ SQ. FT. X 30% = (for all lots) .............. ] %~2~.~ I LOT AREA SQ. FT. X 40% = (for Lots of Record*) ....... I ~(~ Y-c~-~c7 I LOT AREA SQ. FT. X 15% = (for detached buildings only) *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 (GARAGE/SHED) LENGTH WIDTH SQ FT ~-'-'. x t '~? = TOTAL HOUSE ......................... X = X = TOTAL DETACHED BLDGS ................. DRIVEWAY, PARKING ~ X AREAS, SIDEWALKS, I~( X ETC. X DECKS Open decks (1/4" min. opening between boards) with pervious surface under are not counted as hardcover OTHER TOTAL DRIVEWAY, ETC .................. X IL.~ = X = X = TOTAL DECK .......................... X = TOTAL HARDCOVER / IMPERVIOUS SURFACE UNDER / OVER (indicate difference) ............................... PREPARED BY DATE REQUIRED STREET FRONTAGE/WIDTH: LOT WIDTH: LOT OF RECORD?~,~ NO / EXIST. LOT AREA: REQUIRED SETBACKS PRINCIP BUILDING/ HOUSE F_RONT."-lq S/E~W _ SIDE: N S (. E.),~Z~ , 5 SIDE: U/~'E' W(,~~ REAR: ~E W 15' LAKESHOR~ 50~easured from O.H.W.) TOP OF BLUFF: ~ ACCESSORY BUILDING/G ARA__~SH ED FRONT: N S E W SIDE: N S E W 4' or 6' SIDE: N S E W 4' or 6' REAR: N S E W 4' LAKESHORE: 50' {measured from O.H.W.) TOP OF BLUFF: EXISTING AND/OR PROPOSED SETBACKS: FRONT:'-I~ S .E. W - -- S,DE: N REAR: N(._~}E W ~ / *=/- ' LAKESHORET TOP OF BLUFF: ~ G7 /~'ES /)NO / ? ~1 RD FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: IS THIS PROPERTY CONFORMING? YES(~ '~ DATE: -t -q5 5"'h-'~-'~I__y_ surnmartzes a port~ requirements out ~ne m t e ~ty o oun onmg F r further information, contact the City of Mound Planning Department at 472-0600. :. '" t Jla) " 'R~I$ 81.00~ IS N.L ..?.....:." . 0 .~- .~- O O I,,.3 PROPOSED RESOLUTION #95- RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SHED TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 2949 OAKLAWN LANE LOTS 30 & 31, BLOCK 11, THE HIGHLANDS, PID 23-117-24 31 0033 P&Z CASE #95-22 / WHEREAS, the owner, Bret Niccum, has applied for a variance to recognize a n~nconforming rear yard setback of 3.2 feet to a shed to allow construction of a c~nfor~ming garage and second story addition, and; ---~/VHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, side yard setbacks of 8 and 10 feet, and a 15 foot rear yard setback, and; WHEREAS, shed is .9 feet shy of the required 4 foot rear yard setback which is a minimal encroachment, and; WHEREAS, the building code allows this structure to be up to three feet from the property line without special fire rated construction, and; WHEREAS, all other setbacks, lot area, and lot coverage are conforming, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval as it is a reasonable use of the property and the nonconforming setback has a minimal impact on the adjoining property, in this case. 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 the existing nonconforming rear yard setback of 3.2 feet to the shed to allow construction of a conforming addition onto the dwelling. {t~l~Li~J~..~-~ 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 Resolut/on Niccum, #95-22 Page 2 ,. 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 33.5' x 32' two story garage addition. This variance is granted for the following legally described property: Lots 30 and 31, Block 11, The Highlands. 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 JUNE 1 2, 1995 ~ #95-22: BRET NICCUM, 2949 OAKLAWN LANE, LOTS 30 & 31, BLOCK 11, THF HIGHLANDS, PID 23-117-24 31 0033. VARIANCE FOR ADDITION. The applicant is seeking a variance to allow construction of a garage and second story addition that will be conforming to the required setbacks. A variance is required in order to recognize the existing nonconforming rear yard setback to the shed in the rear yard. The hardcover is conforming. In most cases it would be relatively easy to move the shed to a conforming location, and then a variance would not be required. However, this shed is equipped with electrical service and is finished on the inside which makes it more difficult to move as the walls must be opened-up in order to remove the anchor bolts to the foundation. Also, the electrical service would have to be relocated. The shed is .9 feet shy of the required 4 foot rear yard setback which is a minimal encroachment. The building code allows this structure to be up to three feet from the property line without special fire rated construction. Staff recommended the Planning Commission recommend approval of the variance request as proposed as it is a reasonable use of the property and the nonconforming setback has a minimal impact on the adjoining property, in this case. Motion made by Clapsaddle, seconded by Voss to recommend approval of the variance as recommended by staff. Motion carried unanimously. This case is scheduled to be heard by the City Council on June 27, 1995. CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of June 1 2, 1995 Planning Commission, Applicant and Staff Jon Sutherland, Building Official iC~ '~-~ '~ Variance Request Bret P. Niccum 95-22 2949 Oaklawn Lane, Lots 30 & 31, block 11, The Highlands, PID #23-117-24 31 0033 R-lA Single Family Residential BACKGROUND: The applicant is seeking a variance to allow construction of an attached garage and second story addition that will be conforming to the required setbacks. A variance is required in order to recognize the existing nonconforming rear yard setback to the shed in the rear yard. The hardcover is conforming. COMMENTS: In most cases it would be relatively easy to move the shed to a conforming location, and then a variance would not be required. However, this shed is equipped with electrical service and is finished on the inside which makes it more difficult to move as the walls must be opened-up in order to remove the anchor bolts to the foundation. Also, the electrical service would have to be relocated. The shed is .9 feet shy of the required 4 foot rear yard setback which is a minimal encroachment. The building code allows this structure to be up to three feet from the property line without special fire rated construction. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request as proposed as it is a reasonable use of the property and the nonconforming setback has a minimal impact on the adjoining property, in this case. JS:pj The abutting neighbors have been notified of this request. This case is scheduled to be heard by the City Council on June 27, 1995. printed on recycled paper Planning Commission Date: City Council Date: VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0~20 Application Fee: $50.00 Distribution: ~ City Planner ~ Public Works ~-}-~__~ City Engineer DNR Other Please type or print the following information: Address of Subject Propertyc;~ 7~/7 ~'~/~/d Lot ~C5> Zoning District -- { Use of Property: Day Phone Applicant's Name (if other than owner) Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, J~ no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. 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 ~)) ~7/' ft. _'~,'/" ft. ., //" ft. Lakeside: ( N S E W ) ft. ft. ft. : (NSEW) ft. ft. ft. Street Frontage: ft. ft. ft. Lot Size: sq ft sq ft sq ft Hardcover: sq ft sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~'I~, 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 ( ) soil ( ) drainage (~ existing situation ( ) shape ( ) other: specify Variance Application (11/93) Page 3 Case No. o 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 (), NoJ~. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No,(ef). If yes, explain: o Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? YesJ~, No (). If no, list some other properties which axe 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. Date ,-f"-' J/ ~,-~/ Applicant's Signature Date Bon Itrueger I Associates, Inc. ~01 F_dina Industrial Blvd. :~ina, Minnesota ;5439-2924 (6~2) 83~-2989 fo,: CERTIFICATE OF SURVEY IJob No. F..ncjineerin(~ Land Surveying Landscape Architecture Planning Bk..~'~, Pg. S;2 1 1004.65 14.4.90 I 100~.27 ADJ HSE 1004.91 1003.4 'V .= I -ri'ri g,.o, z : .-. .:- -~: :-: :::O D R IV E I ~~>' | : ~..-': ...'.... ~ ~..~4. ADOm'oN~ "- t0os-~5 ~ ..."" 14.4%90 1005.4.1 1005.09 ADd HSE 0 0 N PROPOSED ~ I:VATIONS XXX a~ LOWEST FLOOR- ,V/A (XXX) - ', C~RAGEFLOOR- /0o~-. ¢ _¢' ,,+ · SCALE: 1" = 30' TOP OF FOUNDATION- / o o ~. 7 ~ DENOTES EX]STING FI R/AT1ON DENOTES PROPOSED ~ FVATION DENOTES DIRECTION OF FLOW OF SURFACE DRAINAGE I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF THE BOUNDARIES OF /~0~/~ //( '~'f/~' ~'~~~ ,~~N~, MINNESOTA. su~o ~ ~m,s /~ ~ ~ o~ ~/~'~ .,~ ~5 ~.~~~ i~ NOTE: Only copies which bear an em~ssed seal are cedified ~pies. RONALD L. KRUEGER /~/~ ' ~/~/~5 STATE REGI~RATION NO. 1~74 CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: '~ OWNER'S NAME: ,~,,-E-~/ ~ LOT AREA SQ. FT. X 15% = (for all lots) .............. I I = (for Lots of Record*) ....... I ~'~q~, "/'~'l = (for detached buildings only) . . I I *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 LENGTH WIDTH SQ FT 7'/' x 5z./"/ = X DETACHED BLDGS (GARAG[-~~ DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with s pervious surface under are not counted as hardcover OTHER X = TOTAL DETACHED BLDGS ................. /~ X =-7 J'7O = 7.. X ,fO = /0 ~ 5' x 3,.r' = TOTAL DRIVEWAY, ETC .................. TOTAL DECK .......................... TOTAL HARDCOVER / IMPERVIOUS SURFACE UNDER / OVER (indicate difference) ............................... ADDRESS: ZONE: REQ. LOT AREA: EXIST. LOT AREA: REQUIFIED STREET FRONTAGE/WIDTH: (~ ! tE×ISTING LOT WIDT.: I00 ' EXISTING LOT DEPt.: REQUIRED SETBACKS PRINCIPAL B~IwNG/HO~ FRONT: N _ ~ FRONT:/I~S E W SIDE: (_~/~E W SIDE: N S{~] E ~,~ ~:~" '~ REAR: N S E~ 15' LAKESHORE: 50' (measured from O.H.W.) TOP OF BLUFF: ~{~ / ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: 4' or 6' 4' or 6' 4' 50' (measured from O.H.W.) EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BU~I~DING/HOUSE FRONT: N S(~W ~:~O ' FRONT:~I~ S E W SIDE: (~/~E W 14'q SIDE: '1~ S~E W I~,~ REAR: N S E W ~/-~/~ LAKESHORE: TOP OF BLUFF: ~ ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E FRONT: N S E SIDE: N S E SIDE: N S E REAR: N S E LAKESHORE: TOP OF BLUFF: I I HARD/~:OVER CONFORMING7 ('YES~ NO / 7 IS THIS PROPERTY CONFORMING? YES ? I ,El ~.'"' ~ , BY: . DATE: ~ls bene~j.//onmg Intormat~on bneet on_DLy.'~ummanzes_ a port,on o oran, ~lll~rdinance~ information, contact the City of Mound Planning Department at 472-0600, 31 .~2.5 · Z7.5 . PLIT AJL_ .rC"lEIqCF iS PROPOSED RESOLUTION #95- 41170,41227,41272,41319,41337, & 41437 "BATCH #6" DOCK SITES #40945, 41050, 41080, 41110, 41470, and; WHEREAS, The City of Mound is updating the per'nits for str~ctures located on public lands, 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, "Batch #6" details the private encroachments located at dock sites #40945, 41050, 41080, 41110, 41470, 41170, 41227, 41272, 41319, 41337, and 41437, and these encroachments have been inspected by the Building Official and Dock Inspector according to the Procedure Manual, and; WHEREAS, the Park and Open Space Commission reviewed this Batch #6 and recommended approval, with conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: To approve Public Land Permits for "Batch #6" as follows: Batch #6 Public Land Permits DEVON COMMON, CLASS B 09~z~5 4539 ISLAND VIEW DR ~ FLAG POLE FLAG POLE AND ANCHOR SHALL BE REMOVED. MR. PLAZA 4 '! ROD PLAZA - CONCRETE BOAT SHALL REMOVE THE FLAG POLE AND THE CITY SHALL ANCHOR REMOVE THE BOAT ANCHOR. 41050 4555 ISLAND VIEW DR - STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. APPROVE 5 YEAR BILL & BARB DAHLEN PERMIT TO ALLOW STAIRWAY TO REMAIN AS IS. 41080 5109 DRUMMOND RD - STAIRWAY APPROVE 5 YEAR PERMIT FOR STAIRWAY PENDING TAMMY RASK INSTALLATION OF HANDRAIL AS APPROVED BY THE BUILDING OFFICIAL. Proposed Resolution, Batch 116 June 27, 1995 Page 2 DEVON COMMON, CLASS C 41110 4559 ISLAND VIEW DR - STAIRWAY APPROVE 5 YEAR PERMIT TO ALLOW STAIRWAY PENDING RAY SALAZAR INSTALLATION OF HANDRAIL AS APPROVED BY THE BUILDING OFFICIAL. 41140 4577 ISLAND VIEW DR - STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. RESOLUTIONS RICHARD GLIDWELL #92-61 & #92-82 EXPIRE 5-26-97. APPROVE/RE-ISSUE 5 YEAR PERMIT TO ALLOW EXISTING STAIRWAY TO REMAIN AS IS. 41170 4601 ISLAND VIEW DR - STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. RESOLUTIONS ROGER STEPHANSON #92-62 & #92-155 EXPIRE 5-26-97. ADDITIONAL RESTORATION & GRADING WORK NEEDED ON HILLSIDE AT OLD STAIR LANDING. APPROVE/RE-ISSUE 5 YEAR PERMIT FOR STAIRWAY PENDING STAFF'S APPROVAL OF RESTORATION. 41227 4609 ISLAND VIEW DR - STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. APPROVE 5 YEAR A.R. TOUBA PERMIT TO ALLOW STAIRWAY TO REMAIN AS IS. 41272 )4617 ISLAND VIEW DR - STAIRWAY ISSUE 5 YEAR PERMIT TO ALLOW EXISTING STAIRWAY TO /-STEPHEN COOPER - FENCE REMAIN AS IT IS IN A SAFE CONDITION. 41319 4625 ISLAND VIEW DR - STAIRWAY RESOLUTION #93-64 FOR STAIRWAY. NEW STAIR IS NOT MARY FAITH COMPLETE. HOLD 1995 DOCK LICENSE UNTIL STAIR COMPLETED AND APPROVED BY BUILDING OFFICIAL. ISSUE5 I~ YEAR PERMIT PENDING COMPLETION. DEVON COMMON, CLASS D ~/ ~'4i337~ 4633 ,SLAND VIEW DR -STAIRWAY APPROVE S YEAR PERMIT TO RECONSTRUCT A STAIRWAY JAMES KUEHN PENDING APPROVAL BY BUILDING OFFICIAL. MAXIMUM 4' X ~ ~ - PUMP 8' PLATFORM FOR DOCK STORAGE MAY BE INSTALLED. MR. ~/ ~,,~7~ KUEHN SHALL BE RESPONSIBLE FOR THE REMOVAL OF THE THE CITY SHALL REMOVE THE PUMP, SHED AND DECK AS - LIGHT POLE WITH THEY ARE IN POOR CONDITION, AND THE CITY SHALL OUTLET RESTORE AREA TO PRE-EXISTING SLOPE. LIGHT POLE & OUTLET SHALL BE REMOVED BY THE CITY. THE COSTS INCURRED BY THE CITY FOR THIS WORK SHALL COME OUT OF THE GENERAL FUND. 41437 4645 ISLAND VIEW DR - STAIRWAY STAIRWAY AND RETAINING WALL ARE IN ACCEPTABLE KEITH FOERSTER - ELECTRIC LIGHT CONDITION. APPROVE 5 YEAR PERMIT TO ALLOW THE WITH OUTLET STAIRWAY AND STONE RETAINING WALL TO REMAIN AS IS. - STONE RETAINING OWNER MUST VERIFY STATE ELECTRICAL INSPECTION HAS WALL BEEN MADE.* These permits shall expire five (5) years from the date of City Council approval. If compliance to these conditions have not been achieved within one (1) year of date of approval of the permit, the applicants dock license will not be issued until compliance has been achieved. Proposed Resolution, Batch #6 June 27. 1995 Page 2 These permits must be renewed with change in dock license holder. *All electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on the public land. All power supply to the abutting property must be properly disconnected until such work is approved by the City Council. The applicant must verify disconnection with staff. The foregoing resolution was moved by Councilmember by Councilmember and seconded The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Manager MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 8, 1995 PUBLIC LAND PERMITS - BATCH #6 City st~ff is in the process of updating permits for encroachments on public lands as directed by the City Council. Special permits are required for private encroachments located on public lands as specified in City Code Section 320. Staff recommended approval of the Public Land Permits as noted on the attached "Batch #6", as follows: 1. These permits must be renewed with change in dock license holder. All electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on the public land. All power supply to the abutting property must be properly disconnected until such work is approved by the City Council. The applicant must verify disconnection with staff. All of these permit will be reviewed for approval by the City Council on June 27, 1995. 40945 I 4539 ISLAND VIEW RO0 PLAZA - FLAG POLE J I - CONCRETE BOAT ANCHOR REMOVE OR RELOCATE FLAG POLE ONTO PRIVATE PROPERTY. REMOVE BOAT ANCHOR. Byrnes commented that this area of commons looks very nice, it is a large enough area that she does not feel the barrel or flag pole cause a problem. Mr. Plaza addressed the Commission. He has lived at this property for 10-1/2 years. The boat anchor is an issue, the flag pole is not that important. He does not appreciate having to take the time to attend City meetings for a flag pole that only beautifies the area, citizens should not need to come 2 Park and Open Space Comrn/s$/on M/nutes June $, 1995 to these meetings for petty items. He feels he is being harassed by the City. He stated that the anchor has existed in that location since 1929. He admitted that he installed the flag pole, but when it was originally installed he thought it was inside his lot line. He stated that this flag pole is enjoyed by everyone and that it is not an encumbrance. MOTION made by Darling, seconded by Goode to recommend that the boat anchor be removed by City Staff, and the flag pole be removed by Mr. Plaza. The Commission discussed the Coun~:il's position on processing these public land permits. Ahrens briefly reviewed discussions by the Council on the possibility of placing a moratorium on public land permits. Ahrens stated that if the encroachment is not a safety issue, and/or if the applicant is not in agreement with staff's recommendation, then the council will put these items on hold. Casey stated that since the City Council has not yet repealed the procedure manual, which is currently adopted by City Code, the Park Commission should continue to do their job. Ahrens commented that the subject anchor should have been removed when the shoreline was riprapped, and now it will be more difficult to remove. MOTION carried 6 to 2. Those in favor were: Darling, Goode, Meyer, Schmidt, Geffre, and Casey. Ahrens and Byrnes were opposed. MOTION made by Darling, seconded by Casey, to recommend approval as recommended by Staff. Motion carried unanimously. Stephen Cooper, James, Kuehn, and Keith Foerster, were the only other applicants present, therefore, their cases were reviewed next. STEPHEN COOPER - FENCE INEW STAIRWAY DOES NOT MEET CODE. ISSUE 5 YEAR PERMIT PENDING CORRECTIONS AND REMOVAL OF FENCE. HOLD 1995 DOCK LICENSE UNTIL STAIRWAY IS CORRECTED. Mr. Cooper purchased his property about 10 years ago. The stairway on the commons was existing, and he recently hired a contractor to reconstruct the stairway exactly the same as the existing. The contractor duplicated what was existing. The stairway is sturdy and safe. The handrail is existing and was not changed, therefore, the Building Official told him the existing rail was acceptable. Mr. Cooper reviewed how his stairway is not in conformance with the code. He stated that all the stairway rises are 7 inches. The tread widths vary, 5 meet code, and the balance are just slightly short from 1/8" to 5/1 6". He is requesting a variance to the code. Darling questioned if the City would be liable if someone were to get injured on a stairway that the City permitted, knowing it did not meet code. It was clarified that the construction was originally done without a public land permit. 3 Park and Open Space Comrniss/on Minutes June 8, 1995 Mr. (~ooper confirmed that the fence has been removed for 6 months or more. Byrnes questioned the applicant if the stairway is safe. Cooper replied "yes." Dock Inspector, Tom McCaffrey, agreed that the stairway appears to be safe. MOTION made by Byrnes, seconded by Goode, to recommend approval of the permit to allow the existing stairway if ~t is ~n a safe condition. The Parks Director, Jim Fackler, revi.ewed the inspection notice written by the Building Official MOTION carried 5 to 3. Those in favor were: Byrnes, Ahrens, Geffre, Goode, and Darling. Meyer, Schmidt and Casey were opposed. 41337 4633 ISLAND VIEW JAMES KUEHN - STAIRWAY - PUMP HOUSE - SHED W/DECK ON TOP - LIGHT POLE WITH OUTLET STAIRWAY IS IN POOR CONDITION. APPROVE 5 YEAR PERMIT TO REPLACE STAIRWAY PENDING APPROVAL BY BUILDING OFFICIAL. PUMP HOUSE/SHED/DECK ARE IN POOR CONDITION. REMOVE AND RESTORE AREA TO PRE-EXISTING SLOPE AS APPROVED BY STAFF. MAXIMUM 4' X 8' PLATFORM FOR DOCK STORAGE MAY BE INSTALLED. LIGHT POLE/OUTLET. REMOVE EXTENSION CORD AND UPDATE ELECTRICAL TO CODE. Casey questioned why the light could not be moved to the top of the bluff. Mr. Kuehn stated that he would like to keep the structures and wait for the results from the Commons Task Force. Darling stated that the property does not appear to be public with the existing encroachments, and he thought the intent was to preserve the appearance of the public land. Fackler stated that the Building Official has noted that these structures are rotted and need to be reconstructed, however, they are in a bluff impact zone and are not allowed according to the Shoreland Management Ordinance, except for the stairway. Kuehn confirmed that the pump and the light are not used, however the stairway is tied into the deck/ pump house, and he would like keep the deck if possible. MOTION made by Meyer, seconded by Darling to recommend approval of the permit as recommended by staff, except that the light be removed or relocated onto private property. MOTION carried 7 to 1. Those in favor were: Schmidt, Casey, Byrnes, Darling, Geffre, Goode, and Meyer. Ahrens was opposed. Ahrens questioned who is going to pay for the removal of these items. MOTION made by Darling, seconded by Goode, to recommend that the City be responsible for the removal of the pump, shed, and light, and that the funds come out of the General Fund. The owner, James Kuehn, shall be responsible for the removal of the stairway. Motion carried 7 to 1. Those in favor were: Schmidt, Casey, Byrnes, Darling, Geffre, Goode, and Meyer. Ahrens was opposed. 4 Park and Open Space Commission Minutes June 8, 1995 4645 ISLAND VIEW KEITH FOERSTER - STAIRWAY - ELECTRIC LIGHT WITH OUTLET - STONE RETAIN- ING WALL ISTAIRWAY IN ACCEPTABLE CONDITION. APPROVE 5 YEAR PERMIT. Il OWNER MUST VERIFY STATE ELECTRICAL INSPECTION HAS BEEN II MADE. Mr. Foerster questioned the electrical requirements, he stated that the previous owner hired contractors to do the work and he believes they got all the required permits. The Secretary informed the owner that he may call the State Board of Electricity to verify if a permit was obtained and if it was inspected. MOTION made by Ahrens, seconded by Byrnes, to recommend approval of the permit as recommended by staff. Casey questioned why this light should not be moved. Foerster stressed that the light is needed for security reasons. Staff confirmed that the light was recommended to remain for safety reasons. Fackler added that the stone retaining wall is also recommended to remain and that it is in good condition. Motion carried 7 to 1. Those in favor were: Schmidt, Casey, Byrnes, Darling, Geffre, Goode, and Meyer. Ahrens abstained. 41080 51o9 DRUMMOND - STAIRWAY APPROVE 5 YEAR PERMIT PENDING INSTALLATION OF HANDRAIL ON TAMMY RASK STAIRWAY AS APPROVED BY THE BUILDING OFFICIAL. 41110 4559 ISLAND VIEW - STAIRWAY APPROVE 5 YEAR PERMIT PENDING INSTALLATION OF HANDRAIL ON RAY SALAZAR STAIRWAY AS APPROVED BY THE BUILDING OFFICIAL. 41140 4577 ISLAND VIEW - STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. RESOLUTIONS #92-61 & RICHARD GLIDWELL #92-82 EXPIRE 5-26-97. APPROVE/RE-ISSUE 5 YEAR PERMIT. 41227 4609 ISLAND VIEW - STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. APPROVE 5 YEAR A.R. TOUBA PERMIT. MOTION made by Ahrens, seconded by Darling, to recommend approval of the stairways at dock sites 41 080, 41 1 1 O, 41 140, and 41 2.27, as recommended by staff. Motion carried unanimously. 41170 46Ol ISLAND VIEW ROGER STEPHANSON - STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. RESOLUTIONS #92-62 & //92-155 EXPIRE 5-26-97. ADDITIONAL RESTORATION & GRADING WORK NEEDED ON HILLSIDE AT OLD STAIR LANDING. APPROVE/RE- ISSUE 5 YEAR PERMIT PENDING STAFF'S APPROVAL OF RESTORATION. MOTION made by Casey, seconded by Byrnes to recommend approval as recommended by staff. Motion carried unanimously. 5 Park and Open Space Commission Minutes June 8, 1995 41319 I 4625 ISLAND VIEW - STAIRWAY MARY FAITH MOTION made by Byrnes, recommended by staff. RESOLUTION ~J3-64 FOR STAIRWAY. NEW STAIR IS NOT COMPLETE.I~ HOLD 199S DOCK MCENSE UNTIL STAIR COMPLETED AND APPROVED BY BUILDING OFFICIAL. ISSUE 5 YEAR PERMIT PENDING COMPLETION. seconded by Casey, to recommend approval as Ahrens stated that she is opposed to withholding the dock permit. It was questioned why the stairway has not been completed. The Dock Inspector confirmed that the dock license for 1995 has been paid for and that the dock is in the water, but he has not put a license on the dock. Fackler explained that safe access needs to be provided, and that the stairway is completed with the exception of the handrail. Mary Faith was not present. MOTION carried 7 to 1. Those in favor were: Schmidt, Casey, Byrnes, Darling, Geffre, Goode, and Meyer. Ahrens was opposed. 6 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Memorandum DATE: TO: FROM: SUBJECT: May 3, 1995 1. 40945 Rod Plaza 2. 41050 Bill & Barb Dahlen 3. 41080 Tammy Rask 4. 41110 Ray Salazar 5. 41140 Richard Glidwell 6. 41170 Roger Stephanson 7. 41227 A.R. Tomba 8. 41272 Stephen Cooper 9. 41319 Mary Faith 10. 41337 James Keuhn 11. 41437 Keith Foerster 4539 Island View Drive 4555 Island View Drive 5109 Drummond Road 4559 Island View Drive 4577 Island View 4601 Island View 4609 Island View 4617 Island View 4625 Island View 4633 Island View 4645 Island View Drive Drive Drive Drive Drive Drive Drive Jon Sutherland, Building Official Jim Fackler, Parks Director Tom McCaffrey, Dock Inspector UPDATE OF PUBLIC LAND PERMITS, BATCH #6 DEVON COMMONS, DOCK SITES 41140 - 41437 City staff is in the process of reviewing and updating permits for all encroachments and/or improvements on public lands. We have conducted a site inspection of the public lands adjacent to your property, and noted the encroachments as listed on the attached Staff Report for "Batch #6". The Park and Open Space Commission will review this report on May 11, 1995, and their recommendation will be reviewed by the City Council on May 23, 1995. Your presence at these meetings is appreciated. Agendas for these meetings will be mailed to you. If you have any questions or comments, or find any errors in our assessment, please contact either of us for assistance. enclosures I¢~'~ ~printedonrecycledpaper DATE: MEETING: TO: FROM: SUBJECT: CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 May 3, 1995 AVlaT-t~, 1995 Park & Open Space Commission Meeting Park and Open Space Commission and Applicants Jon Sutherland, Building Official Jim Fackler, Parks Director Tom McCaffrey, Dock Inspector Update of Public Land Permits, "Batch #6", Dock Sites #41140- #41437 Background/Comments: City staff is in the process of updating permits for encroachments on public lands as directed by the City Council. Special permits are required for private encroachments located on public lands as specified in City Code Section 320. Please find attached "Batch #6", this is a listing of dock sites that have private encroachments such as stairways, lights, or some other type of encroachment, located on public lands. These encroachments have been inspected by the Building Official and Dock Inspector according to the Procedure Manual as approved by the City Council. Recommendation: Staff recommends approval of the Public Land Permits as noted on the attached "Batch #6", as follows: 1. These permits must be renewed with change in dock license holder. All electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on the public land. All power supply to the abutting property must be properly disconnected until such work is approved by the City Council. The applicant must verify disconnection with staff. Note: files and photographs are available at City Ha//and will be on hand at the meeting. Please call Jon Suther/and or Jim Fack/er /f you have any questions. P/ease refer to the Flow Chart and Use P/an for discuss/on. pJ enclosures (The abutting owners and dock site holders have been notified. The recommendation from the Park and Open Space Commission is scheduled to be heard by the City Council on May 23, 1995.) printed on recycled paper Batch #6 Public Land Permits Park and Open Space Commission 5/1 1/95 IDOCK I ABUTTING ADDRESS ENCROACHMENT COMMENTS/RECOMMENDATION SITE I II DEVON COMMON, CLASS B 40945 I 4539 ISLAND VIEW DR -FLAG POLE REMOVE OR RELOCATE FLAG POLE ONTO PRIVATE I ROD PLAZA -CONCRETE BOAT PROPERTY. REMOVE BOAT ANCHOR. ANCHOR 41050 I 4555 ISLAND VIEW DR -STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. APPROVE 5 YEAR BILL & BARB DAHLEN PERMIT. 41080 I 5109 DRUMMOND RD -STAIRWAY APPROVE 5 YEAR PERMIT PENDING INSTALLATION OF TAMMY RASK HANDRAIL ON STAIRWAY AS APPROVED BY THE BUILDING OFFICIAL. DEVON COMMON, CLASS C 4559 ISLAND VIEW DR -STAIRWAY APPROVE 5 YEAR PERMIT PENDING INSTALLATION OF RAY SALAZAR HANDRAIL ON STAIRWAY AS APPROVED BY THE BUILDING OFFICIAL. 4577 ISLAND VIEW DR -STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION, RESOLUTIONS RICHARD GLIDWELL #92-61 & #92-82 EXPIRE 5-26-97. APPROVE/RE-ISSUE 5 YEAR PERMIT, -STAIRWAY 4601 ISLAND VIEW DR ROGER STEPHANSON STAIRWAY IS IN ACCEPTABLE CONDITION. RESOLUTIONS #92-62 & #92-155 EXPIRE 5-26-97. ADDITIONAL RESTORATION & GRADING WORK NEEDED ON HILLSIDE AT OLD STAIR LANDING. APPROVE/RE-ISSUE 5 YEAR PERMIT PENDING STAFF'S APPROVAL OF RESTORATION. 4609 ISLAND VIEW DR - STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. APPROVE 5 YEAR A.R. TOlulBA PERMIT. 4617 ISLAND VIEW DR STEPHEN COOPER - STAIRWAY - FENCE - STAIRWAY 4625 ISLAND VIEW DR MARY FAITH NEW STAIRWAY DOES NOT MEET CODE. ISSUE 5 YEAR PERMIT PENDING CORRECTIONS AND REMOVAL OF FENCE. HOLD 1995 DOCK LICENSE UNTIL STAIRWAY IS CORRECTED. RESOLUTION #93-64 FOR STAIRWAY. NEW STAIR IS NOT COMPLETE. HOLD 1995 DOCK LICENSE UNTIL STAIR COMPLETED AND APPROVED BY BUILDING OFFICIAL. ISSUE 5 YEAR PERMIT PENDING COMPLETION. DEVON COMMON, CLASS D - STAIRWAY 41337 4633 ISLAND VIEW DR JAMES KUEHN 4645 ISLAND VIEW DR KEITH FOERSTER - PUMP HOUSE - SHED W/DECK ON TOP - LIGHT POLE WITH OUTLET - STAIRWAY - ELECTRIC LIGHT WITH OUTLET - STONE RETAINING WALL STAIRWAY IS IN POOR CONDITION. APPROVE 5 YEAR PERMIT TO REPLACE STAIRWAY PENDING APPROVAL BY BUILDING OFFICIAL. PUMP HOUSE/SHED/DECK ARE IN POOR CONDITION. REMOVE AND RESTORE AREA TO PRE-EXISTING SLOPE AS APPROVED BY STAFF. MAXIMUM 4' X 8' PLATFORM FOR DOCK STORAGE MAY BE INSTALLED. LIGHT POLE/OUTLET. REMOVE EXTENSION CORD AND UPDATE ELECTRICAL TO CODE. STAIRWAY IN ACCEPTABLE CONDITION. APPROVE 5 YEAR PERMIT. OWNER MUST VERIFY STATE ELECTRICAL II INSPECTION HAS BEEN MADE. ~AO PA~9 ~OAD ROAD ROAiNOKE [----- .~o~?__j , DRIVE REA ,, /' ,11/ 0 I.V.D. 4729 I.V.D. Our Post 3 '.35 ?':34 33' ...,L-'~; ~ <. ~9 40', i(58) ,, !,44, 8 : ?z JEW DR iTY ,~OUND PROPOSED RESOLUTION #g5- RESOLUTION TO APPROVE A SPECIAL PERMIT TO ALLOW A STAIRWAY ON PUBLIC LAND KNOWN AS DEVON COMMONS ABUTTING 4921 ISLAND VIEW DRIVE, LOT 16, BLOCK 14, DEVON, DOCK SITE #43882 WHEREAS,' The applicant, Richard Scherber, has requested permission to reconstruct a stairway located on Devon Commons abutting his property at 4921 Island View Drive, Dock Site #43882, 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 stairway is to be reconstructed in the same location as the existing, and will be built with green treated pine lumber. The existing stairway is in poor condition and needs to be replaced, and; WHEREAS, an existing retaining wall on the property is in good condition and should be recognized at this time as part of the permit, and; WHEREAS, the Park and Open Space Commission has reviewed this request and unanimously recommended approval, with conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to approve a Public Lands Permit to allow the reconstruction of a stairway on Devon Commons abutting 4921 Island View Drive, as proposed, and subject to the following: 1. This permit shall expire five (5) years from the date of City Council approval. This permit includes the existing retaining walls, and the applicant shall continue to be responsible for repair and maintenance of the retaining walls. The new stairway shall be in compliance with the Building Code and shall be inspected and approved by the Building Official. 4. The applicant is responsible for the installation costs, labor, and maintenance. The stairway shall be completed within 1 year of City Council approval. If the stairway has not been completed within one year of the date of approval of this permit, the applicant's dock license will not be issued until compliance has been achieved. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 8, 1995 REQUEST TO REPLACE STAIRWAY ON DEVON COMMONS, BY RICHARD SCHERBER, 4921 ISLANn VII~/V DRIVE, LOT 16, BLOCK 14, OEVON, DOCK SITE #4388? Parks Director, Jim Fackler, reviewed the staff report. The applicant is requesting permission to reconstruct the stairway from their house to the commons. The stairway is to remain in the same location as the existing, and will be built with green treated pine lumber. The existing stairway is in poor condition and needs to be replaced. The existing retaining wall on the property is in good condition and should be recognized at this time as I~art of the permit. Staff recommended approval of a Public Lands Permit to allow the reconstruction of a stairway on Devon Commons abutting 4921 Island View Drive, as proposed, and subject to the following: 1. This permit shall expire five (5) years from the date of City Council approval. o This permit includes the existing retaining walls, and the applicant shall continue to be responsible for repair and maintenance of the retaining walls. The new stairway shall be in compliance with the Building Code and shall be inspected and approved by the Building Official. 4. The applicant is responsible for the installation costs, labor, and maintenance. o The stairway shall be completed within 1 year of City Council approval. If the stairway has not been completed within one year of the date of approval of this permit, the applicant's dock license will not be issued until compliance has been achieved. Goode commented on condition #5 and stated the verbiage is too strong. MOTION made by Casey, seconded by Geffre, to recommended approval as recommended by staff. Ahrens questioned if the Commission is determining that this stairway is for the benefit of the general public as noted on the Flow Chart, #8, "Will the request enhance and encourage the use of the public lands by the general public as defined by the use plan?" She explained that this commons is a Type C, and the only person who will benefit from this stairway is the applicant, unless the Commission believes that the applicant is "general public." MOTION carried unanimously. This request will be heard by the City Council on June 27, 1995. CITY OF MOUND Memorandum 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: APPLICANT: SUBJECT: LOCATION: June 8, 1995 Park and Open Space Commission Meeting Park & Open Space Commission, Applicants, and Staff Jon Sutherland, Building Official --L'~t~[~-~ RICHARD SCHERBER PUBLIC LAND PERMIT APPLICATION TO REPLACE STAIRWAY DOCK SITE #43882, DEVON COMMONS, ABUTTING 4921 ISLAND VIEW DRIVE, LOT 16, BLOCK 14, DEVON, 25-117-2411 0124 The applicant is requesting permission to reconstruct the stairway from their house to the commons. The stairway is to remain in the same location as the existing, and will be built with green treated pine limber. The existing stairway is in poor condition and needs to be replaced. The existing retaining wall on the property is in good condition and should be recognized at this time as part of the permit. Staff recommends approval of a Public Lands Permit to allow the reconstruction of a stairway on Devon Commons abutting 4921 Island View Drive, as proposed, and subject to the following: 1. This permit shall expire five (5) years from the date of City Council approval. 2. This permit includes the existing retaining walls, and the applicant shall continue to be responsible for repair and maintenance of the retaining walls. 3. The new stairway shall be in compliance with the Building Code and shall be inspected and approved by the Building Official. 4. The applicant is responsible for the installation costs, labor, and maintenance. 5. The stairway shall be completed within 1 year of City Council approval. If the stairway has not been completed within one year of the date of approval of this permit, the applicant's dock license will not be issued until compliance has been achieved. pJ The abutting dock site holders have been notified of this request. This request will be heard by the City Council on June 27, 1995. prlnted on recycled paper PUBLIC LAND PERMIT APPLICATION CITY OF MOUND, 5341 Mavwood Road, Mound. MN Phone: 472-0~00, Fax: 472-0620 DIRECTOR DNR MCWD 55364 DATE RECEIVED 5~_ ~.~35 PARK MEETING DATE CITY COUNCIL DATE ~_~-~ c~ ! c__~9.~, one): ~ /~ ~ CONSTRUCTION ON PUBLIC LAND PERMIT - new construction. I I__1 NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320~ Subd. 1). PUBLIC LAND MAINTENANCE 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). LAND ALTERATION - change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). like boat houses, patios, sheds, etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance which means that those structures will at some time in the future have to be removed from the public lands. Ail permits are granted for a limited time and are non-transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new permit is applied for due to change in dock site holder. Phone (home) K~/- ~q3 ~ (work) Legal Lot / ~ Block / Description Subd. ~'- ]/ ~-~9- /l- Property Dock Site ~ ~3~ Shoreline Type Contractor Name ~ ~.~ Address Phone VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS): DESCRIBE REQUEST & PURPOSE: Signature of Applicant May 8, 1995 City of Mound 5341 Maywood Rd Mound, Mn 55364 To the Building Department: I am requesting permission to reconstruct our steps going from the house to the com- mons on 4921 Island View Drive in Mound. The old steps are rotted and in need of repair. I plan to reconstruct the steps in the same location as the existing step. They will be build with green treated pine lumber. Enclosed is a scale drawing of the steps and location. The proposed cost will be about $450.00. If you have any questions, I can be reached at 822-7191 or 561-6438. Rich Scherber Property owner 7 -T- R PLACE \ ~ 2 5 r 4 2 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-16~- (612) 472-0600 FAX (612) 472-0620 Memorandum DATE: TO: FROM: SUBJECT: June 21, 1995 Attached Distribution List Jim Fackler, Parks Director ~'~;~'~' ok/~ccl Proposed Stairway at Roan ess Please be advised that the City Council of the City of Mound will meet in the Council Chambers at 7:30 p.m. on Tuesday, June 27, 1995, to discuss the probability of constructing an additional stairway above the recently constructed stairway located at the Roanoke access off of Island View Drive to provide access to Devon Common. You will be given the opportunity to speak on this issue at the meeting. pJ printed on recycled paper Distribution List Memorandum Dated June 21, 1995 Proposed Stairway at Roanoke Access 41437 41477 41650 41750 41824 41866 41908 41956 42000 42043 42086 Keith Foerester, 4645 Island View Drive Vacant Kenneth Hoffman, 4649 Island View Drive Scott Mack, 4657 Island View Drive Dan Cook, 4665, Island View Drive Leroy Giese, 4764 Island View Drive Frank Ahrens, 4673 Island View Drive Barb Casey, 4704 Island View Drive John Gabos, 4687 Island View Drive Bob Schmidt, 4708 Island View Drive Greg Knutson, 4701 Island View Drive T Memorandum TEL' 3un 1.9,95 11:16 No.O05 P .02 Subjact: Ed Shukl¢, Mound City Manager dohn Gabo~ 06/19/I 995 Construction on Commons access abutting 4687 Idand View Drive It was brought to my attention flits morning when a crew showed up to tx:gin work that the city will be replacing an existing stairway and constructing a new stairway on the firelane access that abutts my property. I have three problems with this action. First, I was not informed and was not given thc opport,,,fity to discuss thcac ~;hm~gca fimt will affect thc usc and enjoyment of my property. Second, T believe fl~e construction of a new concrete stairway near the mad will create addilicmal foot traf[lc (non-dock permit users) that will result in additional theft and vadalism. Third it is apparent that a Permit for construction on public land was never applied for and isoued for this work. I believe this process was put in place to avoid the problems that I stated above. I n:apc~;t£ully rcqu~r:~t that you stop ali work at this location Immediately to allow thc p~ple flint u~ ~d ubutt fl~ a~c~ to ~tcrmiac wlmt ~ty ~d ~i~tiu uh~gc~ uould ~d ~huuld ~ m~c at ~fis location. I will m~c tnysclf syllable for m~y meeting flint you ~'~'m~ge to address this i~uc. Plea.~e telephone me this morning at 934-g000 .~o I will know if you can accommodate my request. I must know immediately if you will 1~ honoring my request or ill will need to contact other authorities to arrange thc delaying of this project. Thru& you for your prompt re~pon~e. SIGN PERMIT APPLICATION 0UASI PUBLIC FUNCTION- PORTABLE SI(~N City of Mound, 5341 Maywood Road, Mound, MN 55 Phone: 472-0600 FAX: 472-0620 Portable signs used for the purpose of directing the public used in co ....... o governmental unit or quasi-public functions. The period of use shall not exceed ten (10) consecutive days and requires approval of the City Council. Signs shall be placed on the premises of the advertised event. A permit is required, however is exempt from all fees. APPLICANT S ADDRESS ADDRESS OF SIGN LOCATION -~- (If more than one, please list on separate sheet of paper) Number of signs: ~ TYPE OF SIGN: t banner wall mount --~ ~Ztemporary permaneny SIZE OF SIGN REQUESTED: ~ ft high x z> ft wide = DATES OF USE: FROM '~ / )~/~;~- TO ~ /~ I / ~._,~- free standing DESCRIBE REASON FOR REQUEST: --~ sqft DESCRIBE SIGN (message, materials, is it illuminated, etc.): APPROVED BY CITY COUNCIL ON: Our ~r~ o~ ~ C~L~ ~rr_4~ 5341 MAY~NOOD ROAD CITY OF MOUND (612) 472-0600 FAX (612) 472-0620 June 23, 1995 TO: FROM: SUBJECT: CITY COUNCIL LINDA STRONG, ACTING CITY CLERK OUR LADY OF THE LAKE CHURCH - NON-INTOXICATING MALT LIQUOR PERMIT Our Lady of the Lake Church is applying for a Non-Intoxicating Malt Liquor Permit for the Incredible Festival, the days of July 29 & 30, 1995. Approval is contingent upon all required forms, insurance, etc., being submitted. Is printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 95-23 NOTICE OF A PUBLIC HEARING TO CONSIDER A MODIFICATION TO A CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO A MUNICIPAL WELL HOUSE BUILDING LOCATED AT THE FIRE STATION, 2415 WILSHIRE BLVD. 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, August 8, 1995 to consider a modification to a conditional use permit to allow the construction of a 16' x 20' addition onto a municipal well house. The addition is to be utilized for storage only. The subject property is located at 2415 Wilshire Blvd., legally described as follows: Lots 9, 10, 11, 12 and 13, Block 3, Shirley Hills Unit "D", PID #24-117-24 21 0034. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Pe~,~ J~n~ed Pla~r~ng Secretary Mailed to property owners within 350' by July 26, 1995, and published in The Laker on July 24, 1995. printed on recycled paper Bills June 27, 1995 BATCH 5062 Total Bills $193.920.47 $193,920.47 0 Z 0 0 oo o L~ Z Z ! I 8 O~Z u. JCD J o J o I ?~ o !11111 ° {dc L ZZZ:~ ~'Z~' CITY OF MOUND BUDGET REVENUE REPORT May 1995 41.67% GENERAL FUND Taxes Business Licenses Non -Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Charges to Other Departments May 1995 YTD PERCENT BUDGET REVENUE REVENUE VARIANCE RECEIVED 1,254,200 0 0 (1,254,200) 0.00% 9,800 860 2,859 (6,941) 29.17% 66,000 9,293 33,949 (32,051) 51.44% 888,590 787 29,780 (858,81 O) 3.35% 47,850 624 3,110 (44,740) 6.50% 60,000 6,085 26,987 (33,013) 44.98% 81,900 512 8,087 (73,813) 9.87% 0 826 4,773 4,773 N/A TOTAL REVENUE 2,408~340 187987 109 545 (2.298.795) 4.55% FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND 325,785 12,475 142,953 (182,832) 43.88% 88,320 33,951 54,423 (33,897) 61.62% 1,400,000 120,797 502,632 (897,368) 35.90% 400,000 56,705 155,658 (244,342) 38.91% 730,000 64,547 285,763 (444,237) 39.15% 5,650 675 1,025 (4,625) 18.14% 70,800 (2,253) 69,887 (913) 98.71% 06/14/95 rev95 G.B. . CITY OF MOUND BUDGET EXPENDITURES REPORT May 1 995 41.67% GENERAL FUND Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets City Property Parks Sum met Recreation Contingencies Transfers May 1995 BUDGET EXPENSE 69 330 4 000 I 380 184 000 2 670 51 700 155 920 24 8OO 103 520 833 350 4 610 162. 280 400.860 101.160 133.530 28,960 15,000 140,960 YTD EXPENSE VARIANCE 2,675 36,260 0 0 99 99 14,084 72,019 I 1,849 127 312 17,845 66,909 2,O49 11,031 11,392 44,053 46,017 309,730 30 935 9,812 53,641 33,278 156,812 19,472 47,694 8,856 41,969 0 0 2,006 8,506 10,586 52,933 33,070 4,000 1,281 111,981 821 51,388 89,011 13 769 59 467 523 620 3 675 1 08 639 244 048 53.466 91.561 28 960 6 494 88 027 PERCENT EXPENDED 52.30% 0.00% 7.17% 39.14% 69.25% 0.60% 42.91% 44.48% 42.56% 37.17% 20.28% 33.05% 39.12% 47.15% 31.43% 0.00% 56.71% 37.55% GENERAL FUND TOTAL 2 418 030 178~329 904,752 1~513~278 37.42% Area Fire Service Fund 285,330 17,652 92,331 192,999 32.36% Recycling Fund 118,590 17,947 53,129 65,461 44.80% Liquor Fund 197,41 0 13,844 83,540 113,870 42.32% Water Fund 371,690 37,202 157,132 214,558 42.28% Sewer Fund 1,01 9,480 64,158 443,030 576,450 43.46% Cemetery Fund 5,840 645 888 4,952 15.21% Docks Fund 78,700 2,556 24,306 54,394 30.88% exp95 06/14/95 G.B. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 12, 1995 Those present were: Chair Geoff Michael, Frank Weiland, Bill Voss, Jerry Clapsaddle, Lisa Crum, Ed Surko, and Becky Glister, City Council Representative Mark Hanus, Building Official Jon Sutherland and Secretary Peggy James. The following people were also in attendance: Dean and Juliann Hunter, Melody Olsen, and Bret Niccum. MINUTES The Planning Commission Minutes of May 8, 1995 were presented for approval. Glister noted that Crum was listed as voting on two motions, and that Crum was not present at the meeting. The Secretary confirmed that the vote count was still correct and that Crum's name will be deleted from the motions. MOTION made by ross, seconded by Weiland, to approve the Planning Commission Minutes of May 8, 1995 as amended. Motion carried unanimously. CASE #95-20: DEAN & JULIANN HUNTER, 5043 TUXEDO BLVD., LOTS 1 - 6, BLOCK 6, WHIPPLE, PID 24-117-24 43 0071. VARIANCE FOR ADDITION. The applicant is seeking a variance to recognize the existing nonconforming setbacks to the three detached accessory buildings on the property, in order to construct a conforming two story garage addition. This property is located in the R-1A zone which requires a minimum lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks, and a 50 foot setback to the lake. The nonconforming accessory buildings include: 24' x 28' detached garage of masonry construction: This structure is setback approximately 12 feet +/- to the front property line, the required setback is 20 feet resulting in the recognition of an 8 foot variance. There is approximately a 17 foot wide boulevard that increases the actual distance to the street. The building is in good condition and would be difficult to relocate due to its masonry construction. 10' x 12' wooden shed on the street side: The applicant has agreed to relocate this shed to a conforming location. 12' x 14' metal shed on the lakeside: The applicant states this shed was on the property when they purchased it twelve years ago. They would like this shed to remain as is, it is nonconforming to the lake setback. If the shed is to remain, it must be located on the survey, and setbacks must be verified to the lake. Planning Commission Minutes June 12, 1995 The exterior of this dwelling will be improved by the addition of the garage and second story. The condition of the unfinished siding on the east side of the dwelling will be resolved by the new fire separation that is required. The balance of exterior siding wore that is unfinished from previous expired permits can now be reissued in conjunction with the garage addition permit. Our new ordinance that requires all exterior work be completed within one year will be effective with the new permit. Other issues on this site, such as the exterior storage, have been brought to the attention of staff and are being addressed. The additional storage space created by the new garage should help this situation. Staff recommended the Planning Commission recommend approval of the variance request as proposed, subject to the condition that the street side accessory building be relocated to a conforming location. The Building Official confirmed that the masonry garage is about 30 feet from the water, and the metal shed is about 25 or 30 feet from the water. Weiland questioned if the metal shed could be removed. The applicants stated that they would be willing to remove the metal shed, however, they would like it to remain until the garage addition is completed so they have a place to move the items stored within the shed. The Building Official suggested that the wood shed be removed before building permit issuance, and that the metal shed could remain for 90 days. The possibility of allowing the shed to remain until final' inspection on the new construction was discussed. The Building Official stated that the applicants should be able to finish their project within 90 days. MOTION made by Clapsaddle, seconded by Weiland, to recommend approval of the variance to recognize the existing nonconforming garage to allow construction of a conforming addition, subject to the following: The nonconforming 10' x 12' wooden shed be removed prior to building permit issuance. The nonconforming 12' x 14' metal shed be removed within 90 days of approval of the variance by the City Council. MOTION carried unanimously. This case is scheduled to be heard by the City Council on June 27, 1995. 2 Planning Comrn/ss/on Minutes June 12, 1995 ~95-21: MELODY OLSEN, 4873 CUMBERLAND ROAD, LOT 24, BLOCK 1 ARDEN, PID 24-117-2444 0021. VARIANCE FOR ADDITION The applicant is seeking a variance to allow construction a garage addition that will be nonconforming to the required 10 foot side yard setback. A conforming screened porch is also proposed to be constructed on top of the existing deck. The existing dwelling is slightly nonconforming to the required front yard setback by .2 feet. Hardcover on this site is conforming This property is a lot-of-record in the R-1 single family zone which requires a lot area of 10,000 square feet, a front yard setback of 30 feet, and a side yard setback of 8 and 10 feet. As noted on the survey, the applicant was seeking to purchase the adjoining property from the City in order to square-up the configuration of the lot and provide for additional setback to the prop°sed garage. Due to unforeseen circumstances, she is unable to pursue that option at this time. A variance would still have to be obtained, however, due to the nonconforming status. The proposed garage has a minimal impact on the adjoining City property. Staff recommended the Planning Commission recommend approval of the variance request as proposed as it is a reasonable use of the property and the nonconforming setback has a minimal impact. MOTION made by Voss, seconded by Surko, to recommend approval of the variance as recommended by staff. Weiland commented that now would be the time to get the applicant to purchase the adjacent property. The Commission discussed the process involved for the applicant to obtain the portion of adjacent City property. Clapsaddle commented that due to the minimal impact of the requested variance, it should be approved. The Commission encouraged the applicant to pursue the plan to purchase a portion of the property. MOTION carried 7 to 1. Those in favor were: Clapsaddle, Crum, Glister, Michael, Surko, Hanus and Voss. Weiland was opposed. This case is scheduled to be heard by the City Council on June 27, 1995. CASE #95-22: BRET NICCUM, 2949 OAKLAWN LANE, LOTS 30 & 31, BLOCK 11, THE HIGHLANDS, PID 23-117-24 31 0033. VARIANCE FOR ADDITION. The applicant is seeking a variance to allow construction of a garage and second story addition that will be conforming to the required setbacks. A variance is required in order to recognize the existing nonconforming rear yard setback to the shed in the rear yard. The hardcover is conforming. 3 Planning Commission Minutes June 12. 1995 In most cases it would be relatively easy to move the shed to a conforming location, and then a variance would not be required. However, this shed is equipped with electrical service and is finished on the inside which makes it more difficult to move as the walls must be opened-up in order to remove the anchor bolts to the foundation. Also, the electrical service would have to be relocated, The shed is .9 feet shy of the required 4 foot rear yard setback which is a minimal encroachment. The building code allows this structure to be up to three feet from the property line without special fire rated construction. Staff recommended the Planning Commission recommend approval of the variance request as proposed as it is a reasonable use of the property and the nonconforming setback has a minimal impact on the adjoining property, in this case. Motion made by Clapsaddle, seconded by Voss to recommend approval of the variance as recommended by staff. Motion carried unanimously. This case is scheduled to be heard by the City Council on June 27, 1995. CITY COUNCIL REPRESENTATIVE'S REPORT Hanus informed the Commission that the City Attorney requested that when the Planning Commission makes motions, they have to "pass", they have to either recommend approval or denial with a majority, motions that fail should not be forwarded to the Council because this does not signify a recommendation one way or the other. MOTION made by Weiland, seconded by Clapsaddle, to adjourn the meeting at 8:19 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 8, 1995 Present were: Chair Carolyn Schmidt, Vice Chair Tom Casey, Commissioners Marilyn Byrnes, Peter Meyer, 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 at{endance: Rodrigo Plaza, Steve Cooper, Jim Kuehn, Tom Aune, Phillip Klein, Mark Hanus, and Keith Foerster. MINUTES MOTION made by Meyer seconded by Byrnes to approve the Park and Open Space Commission Minutes of March 9, 1995 as written. Motion carried unanimously. AGENDA CHANGES 10.A. WINTERFEST, was added to the agenda for discussion at the request of Darling. Chair Schmidt announced that Commissioner Steinbring has resigned, he is moving out of town. The Secretary announced that they hope to have interviews at the July meeting. REQUEST TO RELEASE NATURE CONSERVATION AREA LOCATED AT ENCHANTED & HERON LANE, LOT 1, BLOCK 20, SHADYWOOD POINT, PID 13-117-24 11 0064. The Parks Director explained that a legal opinion, as requested by the Park Commission, has not yet been received from the City Attorney. Ahrens questioned why it was taking the attorney so long to reply. Casey asked for a clarification of what was being requested of the attorney. Schmidt reviewed the motion made at the March 9, 1995 meeting, "to get some legal council on conservation easements and drainage easements." Casey stated that the City would have better control over the property if the City retained it, and he questioned why the City should spend money on legal advice. Phil Klein explained that they currently take care of the property and he would like to own the property so that if he wants to plant some bushes or flowers he does not have to come to the City for permission. Tom Aune commented that the neighbors were not notified when the status of this property was changed from "for sale to adjoining property owners" to "retain for conservation purposes." Goode questioned what happened with this property between 1986 when the property was retained for drainage purposes, and 1992. when it was made available for sale to adjoining property owners. Darling questioned Aune and Klein what their motivation is to own the property. Klein commented that it will enhance his property, he would like to plant wild raspberries, flowers, etc., and clean up weeds, dead brush, etc. Aune commented that it would increase the square footage of his lot to help with hardcover, and he would like to use the area to store his boat. In turn, they questioned the City's motivation to retain the property. Goode replied that the City's interest in the property is for conservation purposes, according to Resolution #93-144. Park and Open Space Commission Minutes June $, 1995 Schmidt questioned if this property has officially been declared as a Nature Conservation Area (NCA). The Parks Director suggested that the neighbors could clean-up the property through the adopt-a- green space program, and that the City would assist in the removal of debris when dumping occurs. The intent of a Nature Conservation Area is to maintain the property in a natural state, it does not allow the storage of vehicles. The Secretary is to mail adopt-a-green space information to Aune and Klein. Ahrens stated that a Land Alteration Permit is required in order to allow the trimming of trees, or the removal of vegetation, according to City Code Section 320. It was questioned if this permit would be required for work on a NCA. Is this property actually an NCA? Can the property be released with easements? MOTION made by Darling, seconded by Goode to table discussion on this request until more information is gathered. Motion carried 7 to 1. Those in favor were: Darling, Goode, Ahrens, Byrnes, Schmidt, Geffre, and Meyer. Casey was opposed. MOTION made by Casey, seconded by Darling, to provide the Park and Open Space Commission with the cost for rending the opinion from the City Attorney. Motion carried unanimously. PUBLIC LAND PERMITS - BATCH #6 City staff is in the process of updating permits for encroachments on public lands as directed by the City Council. Special permits are required for private encroachments located on public lands as specified in City Code Section 320. Staff recommended approval of the Public Land Permits as noted on the attached "Batch #6", as follows: 1. These permits must be renewed with change in dock license holder. All electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on the public land. All power supply to the abutting property must be properly disconnected until such work is approved by the City Council. The applicant must verify disconnection with staff. All of these permit will be reviewed for approval by the City Council on June 27, 1995. 40945 I 4539 ISLAND VIEW ROD PLAZA - FLAG POLE I I - CONCRETE BOAT ANCHOR REMOVE OR RELOCATE FLAG POLE ONTO PRIVATE PROPERTY. REMOVE BOAT ANCHOR. Byrnes commented that this area of commons looks very nice, it is a large enough area that she does not feel the barrel or flag pole cause a problem. Mr. Plaza addressed the Commission. He has lived at this property for 10-1/2 years. The boat anchor is an issue, the flag pole is not that important. He does not appreciate having to take the time to attend City meetings for a flag pole that only beautifies the area, citizens should not need to come 2 Park and Open Space Commission Minutes June 8, 1995 to these meetings for petty items. He feels he is being harassed by the City. He stated that the anchor has existed in that location since 1929. He admitted that he installed the flag pole, but when it was originally installed he thought it was inside his lot line. He stated that this flag pole is enjoyed by everyone and that it is not an encumbrance. MOTION made by Darling, seconded by Goode to recommend that the boat anchor be removed by City Staff, and the flag pole be removed by Mr. Plaza. The Commission discussed the Council's position on processing these public land permits. Ahrens briefly reviewed discussions by the Council on the possibility of placing a moratorium on public land permits. Ahrens stated that if the encroachment is not a safety issue, and/or if the applicant is not in agreement with staff's recommendation, then the council will put these items on hold. Casey stated that since currently adopted by City Ahrens commented that riprapped, and now it will the City Council has not yet repealed the procedure manual, which is Code, the Park Commission should continue to do their job. the subject anchor should have been removed when the Shoreline was be. more difficult to remove. MOTION carried 6 to 2. Those in favor were: Darling, Goode, Meyer, Schmidt, Geffre, and Casey. Ahrens and Byrnes were opposed. 4555 ISLAND VIEW I - STAIRWAY I BILL/BARB DAHLEN STAIRWAY IS IN ACCEPTABLE CONDITION. APPROVE 5 YEAR I~ II PERMIT. MOTION made by Darling, seconded by Casey, to recommend approval as recommended by Staff. Motion carried unanimously. Stephen Cooper, James, Kuehn, and Keith Foerster, were the only other applicants present, therefore, their cases were reviewed next. 41272 I 4617 ISLAND VIEW I -STAIRWAY STEPHEN COOPER FENCE NEW STAIRWAY DOES NOT MEET CODE. ISSUE 5 YEAR PERMIT PENDING CORRECTIONS AND REMOVAL OF FENCE. HOLD 1995 DOCK LICENSE UNTIL STAIRWAY IS CORRECTED. Mr. Cooper purchased his property about 10 years ago. The stairway on the commons was existing, and he recently hired a contractor to reconstruct the stairway exactly the same as the existing. The contractor duplicated what was existing. The stairway is sturdy and safe. The handrail is existing and was not changed, therefore, the Building Official told him the existing rail was acceptable. Mr. Cooper reviewed how his stairway is not in conformance with the code. He stated that all the stairway rises are 7 inches. The tread widths vary, 5 meet code, and the balance are just slightly short from 1/8" to 5/1 6". He is requesting a variance to the code. Darling questioned if the City would be liable if someone were to get injured on a stairway that the City permitted, knowing it did not meet code. It was clarified that the construction was originally done without a public land permit. 3 Park and Open Space Commission Minutes June 8, 1995 Mr. (~ooper confirmed that the fence has been removed for 6 months or more. Byrnes questioned the applicant if the stairway is safe. Cooper replied "yes." Dock Inspector, Tom McCaffrey, agreed that the stairway appears to be safe. MOTION made by Byrnes, seconded by Goode, to recommend approval of the permit to allow the existing stairway if it is in a safe condition. The Parks Director, Jim Fackler, reviewed the inspection notice written by the Building Official MOTION carried 5 to 3. Those in favor were: Byrnes, Ahrens, Geffre, Goode, and Darling. Meyer, Schmidt and Casey were opposed. 41337 4633 ISLAND VIEW JAMES KUEHN - STAIRWAY - PUMP HOUSE - SHED W/DECK ON TOP - LIGHT POLE WITH OUTLET STAIRWAY IS IN POOR CONDITION. APPROVE 5 YEAR PERMIT TO REPLACE STAIRWAY PENDING APPROVAL BY BUILDING OFFICIAL. PUMP HOUSE/SHED/DECK ARE IN POOR CONDITION. REMOVE AND RESTORE AREA TO PRE-EXISTING SLOPE AS APPROVED BY STAFF. MAXIMUM 4' X 8' PLATFORM FOR DOCK STORAGE MAY BE INSTALLED. LIGHT POLE/OUTLET. REMOVE EXTENSION CORD AND UPDATE ELECTRICAL TO CODE. Casey questioned why the light could not be moved to the top of the bluff. Mr. Kuehn stated that he would like to keep the structures and wait for the results from the Commons Task Force. Darling stated that the property does not appear to be public with the existing encroachments, and he thought the intent was to preserve the appearance of the public land. Fackler stated that the Building Official has noted that these structures are rotted and need to be reconstructed, however, they are in a bluff impact zone and are not allowed according to the Shoreland Management Ordinance, except for the stairway. Kuehn confirmed that the pump and the light are not used, however the stairway is tied into the deck/ pump house, and he would like keep the deck if possible. MOTION made by Meyer, seconded by Darling to recommend approval of the permit as recommended by staff, except that the light be removed or relocated onto private property. MOTION carried 7 to 1. Those in favor were: Schmidt, Casey, Byrnes, Darling, Geffre, Goode, and Meyer. Ahrens was opposed. Ahrens questioned who is going to pay for the removal of these items. MOTION made by Darling, seconded by Goode, to recommend that the City be responsible for the removal of the pump, shed, and light, and that the funds come out of the General Fund. The owner, James Kuehn, shall be responsible for the removal of the stairway. Motion carried 7 to 1. Those in favor were: Schmidt, Casey, Byrnes, Darling, Geffre, Goode, and Meyer. Ahrens was opposed. 4 Park and Open Space Commission Minutes June 8, 1995 .41437 I 4645 ISLAND VIEW KEITH FOERSTER - STAIRWAY - ELECTRIC LIGHT WITH OUTLET - STONE RETAIN- ING WALL STAIRWAY IN ACCEPTABLE CONDITION. APPROVE 5 YEAR PERMIT. OWNER MUST VERIFY STATE ELECTRICAL INSPECTION HAS BEEN MADE. Mr. Foerster questioned the electrical requirements, he stated that the previous owner hired contractors to do the work and he believes they got all the required permits. The Secretary informed the owner that he may call the Stat6 Board of Electricity to verify if a permit was obtained and if it was inspected. MOTION made by Ahrens, seconded by Byrnes, to recommend approval of the permit as recommended by staff. Casey questioned why this light should not be moved. Foerster stressed that the light is needed for security reasons. Staff confirmed that the light was recommended to remain for safety reasons. Fackler added that the stone retaining wall is also recommended to remain and that it is in good condition, Motion carried 7 to 1. Those in favor were: Schmidt, Casey, Byrnes, Darling, Geffre, Goode, and Meyer. Ahrens abstained. 41080 5109 DRUMMOND - STAIRWAY APPROVE 5 YEAR PERMIT PENDING INSTALLATION OF HANDRAIL ON TAMMY RASK STAIRWAY AS APPROVED BY THE BUILDING OFFICIAL. 41110 4559 ISLAND VIEW - STAIRWAY APPROVE 5 YEAR PERMIT PENDING INSTALLATION OF HANDRAIL ON RAY SALAZAR STAIRWAY AS APPROVED BY THE BUILDING OFFICIAL. 41140 4577 ISLAND VIEW - STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. RESOLUTIONS #92-61 & RICHARD GLIDWELL #92-82 EXPIRE 5°26-97. APPROVE/RE-ISSUE 5 YEAR PERMIT. 4122.7 4609 ISLAND VIEW - STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. APPROVE 5 YEAR A.R. TOUBA PERMIT. MOTION made by Ahrens, seconded by Darling, to recommend approval of the stairways at dock sites 41080, 41110,41140, and 41227, as recommended by staff. Motion carried unanimously. 41170 I 4601ISLAND VIEW ROGER STEPHANSON - STAIRWAY STAIRWAY IS IN ACCEPTABLE CONDITION. RESOLUTIONS #92-62 & #92-155 EXPIRE 5-26-97. ADDITIONAL RESTORATION & GRADING WORK NEEDED ON HILLSIDE AT OLD STAIR LANDING. APPROVE/RE- ISSUE 5 YEAR PERMIT PENDING STAFF'S APPROVAL OF RESTORATION. MOTION made by Casey, seconded by Byrnes to recommend approval as recommended by staff. Motion carried unanimously. 5 Park and Open Space Commission Minutes June 8, 1995 41319 4625 ISLAND VIEW - STAIRWAY RESOLUTION //93-64 FOR STAIRWAY. NEW STAIR IS NOT COMPLETE.! MARY FAITH HOLD 1995 DOCK LICENSE UNTIL STAIR COMPLETED AND APPROVED~ BY BUILDING OFFICIAL. ISSUE 5 YEAR PERMIT PENDING COMPLETION. MOTION made by Byrnes, seconded by Casey, to recommend approval as recommended by staff. Ahrens stated that she is opposed to withholding the dock permit. It was questioned why the stairway has not been completed. The Dock Inspector confirmed that the dock license for 1995 has been paid for and that the dock is in the water, but he has not put a license on the dock. Fackler explained that safe access needs to be provided, and that the stairway is completed with the exception of the handrail. Mary Faith was not present. MOTION carried 7 to 1. Those in favor were: Schmidt, Casey, Byrnes, Darling, Geffre, Goode, and Meyer. Ahrens was opposed. REQUEST TO REPLACE STAIRWAY ON DEVON COMMONS, BY RICHARD SCHERBER, 4921 ISLAND VIEW DRIVE, LOT 16, BLOCK 14, DEVON, DOCK SITE #43882 Parks Director, Jim Fackler, reviewed the staff report. The applicant is requesting permission to reconstruct the stairway from their house to the commons. The stairway is to remain in the same location as the existing, and will be built with green treated pine lumber. The existing stairway is in poor condition and needs to be replaced. The existing retaining wall on the property is in good condition and should be recognized at this time as part of the permit. Staff recommended approval of a Public Lands Permit to allow the reconstruction of a stairway on Devon Commons abutting 4921 Island View Drive, as proposed, and subject to the following: 1. This permit shall expire five (5) years from the date of City Council approval. This permit includes the existing retaining walls, and the applicant shall continue to be responsible for repair and maintenance of the retaining walls. The new stairway shall be in compliance with the Building Code and shall be inspected and approved by the Building Official. 4. The applicant is responsible for the installation costs, labor, and maintenance. The stairway shall be completed within 1 year of City Council approval. If the stairway has not been completed within one year of the date of approval of this permit, the applicant's dock license will not be issued until compliance has been achieved. Goode commented on condition #5 and stated the verbiage is too strong. MOTION made by Casey, seconded by Geffre, to recommended approval as recommended by staff. Park and Open Space Comrnis$/on Minutes June $, 1995 Ahrens questioned if the Commission is determining that this stairway is for the benefit of the general public as noted on the Flow Chart, #8, "Will the request enhance and encourage the use of the public lands by the general public as defined by the use plan?" She explained that this commons is a Type C, and the only person who will benefit from this stairway is the applicant, unless the Commission believes that the applicant is "general public." MOTION carried unanimously. This request will be heard by the City Council on June 27, 1995. REVIEW DOCK LICENSE ORDINANCE SECTION 437 (attached) & DISCUSS CHANGING DOCK REMOVAL REQUIREMENT Due to the late hour, discussion of this item was tabled. REVIEW DOCK FEES FOR 1996 Parks Director, Jim Fackler, reviewed his memorandum relating to dock fees for 1996. He feels that the dock fund balance is adequate and does not require that the dock fees be raised for 1996. MOTION made by Byrnes, seconded by Goode, to recommend approval of staff's recommendation that the dock fees for 1996 not be raised. Motion carried unanimously. REVIEW DOCK APPLICATION FORMS FOR 1996. Due to the late hour, discussion of this item was tabled. 1996 PARK IMPROVEMENTS ! BUDGET Due to the late hour, it was determined that skating rinks would not be discussed at this meeting. Byrnes stated that she received a request for tennis courts at Philbrook Park. Byrnes also asked if the riprap on Wychwood Commons could be repaired as it has settled into the lake. The Parks Director confirmed that this area, along with other areas will be getting re-dressed. Byrnes was concerned that only re-dressing the riprap would not solve the problem in this area. The Parks Director will take a look at it. Meyer stated that the Park and Beach Programs need help with funding. He reviewed many items which the lifeguards and park supervisors need, such as swimsuits (which were provided in the past), rescue tubes, umbrellas for lifeguard stands at Mound Bay Park and Centerview Beach, a megaphone, lifeguard re-certification subsidy, workshops for park supervisors, etc. Fackler confirmed that the budget for the lifeguards was cut this year, and that he does intend to ask for funds to be budgeted again in 1996. DISCUSSION: PARK DEDICATION FUND Parks Director, Jim Fackler, reviewed his memorandum regarding the park dedication fund. The total fund balance to-date is $152,007. 7 Park and Open Space Corem~ss~on Minutes June 8, 1995 At this time, we have researched our files for past council resolutions dealing with the intended use of this fund, and found none. It is staff's recollection that during prior Council and Park and Open Space Commission discussions that these funds were to be used to make an impact on a recreational opportunity rather than small expenditures to support a program, facility or park. The Park and Open Space Commission also needs to evaluate the long-term plan for distribution of the interest generated by this fund. Current practice is for all interest to be allocated to the general fund rather than be applied to the Park Dedication Fund. Your input is needed at this time to establish a direction of how this fund will be utilized for expenditures and grow from interest accrued. MOTION made by Goode, seconded by Schmidt to recommend that interest accrued from the Park Dedication Fund, remain within the Park Dedication Fund. Motion carried unanimously. UPDATE ON COMMONS TASK FORCE. Due to the late hour, discussion of this item was tabled. MOTION made by Byrnes, seconded by Darling to adjourn the Park and Open Space Commission Meeting at 10:31 p.m. Motion carried unanimously. MINUTES - ECONOMIC DEVELOPMENT COMMISSION - JUNE 15, 1995 The meeting was called to order at 7 AM. Members present: Paul Meisel, Councilmember Liz Jensen, Jerry Pietrowski, Stan Drahos, Mark Brewer. Absent and excused: Dave Willette. Also present: Gino Businaro, Finance Director; Bruce Chamberlain, Economic Development Coordinator and Ed Shukle, City Manager. Upon motion by Longpre, seco. nded by Jensen and carried unanimously, the Minutes of the May 18, 1995 meeting were approved. Bruce Chamberlain presented the concept of a pier with related docks and trails along Auditor's Road. He presented a model of a pier resembling historical type structures that go with the history of Lake Minnetonka. The Commission felt comfortable and very positive about the pier being proposed as a concept. They were also supportive of the dock configurations and trails connecting the pier to the Lost Lake property. City Manager Ed Shukle indicated that the Auditor's Road preliminary plans have been submitted to the Municipal State Aid Office for approval. He indicated that Hennepin County also is required to sign off on the plans since the roadway connects with County Road 15. He indicated that approval should be forthcoming from MSA. Mound City Days was briefly discussed. It was noted that Bruce Chamberlain, Gino Businaro, Paul Meisel and Dave Willette will all volunteer their time on Sunday, June 18, 1995 at Mound Bay Park. They will have a booth which will have material presenting the Mound Visions Program for those interested in reviewing it. Other business noted was a letter from the Metropolitan Council which indicates that the ISTEA Grant for the Greenway Project was not approved. Also discussed was Marge Friederichs' reception to be held Monday, June 19, 1995 at 3 - 4:30 PM, at Mound City Hall. Marge has accepted the position of Executive Director to the North Hennepin Chamber of Commerce. The next meeting of the Commission will be held on Thursday, July 20, 1995, 7 AM, City Hall. Upon motion by Brewer, seconded by Drahos and carried unanimously, the meeting was adjourned at 8 AM. ct~fu/~ubrnitted, u'~kle City Manager ES:Is COMMONS TASK FORCE MINUTES JUNE 20, 1995 Chair Mark Goldberg opened the meeting at 7:35 PM. Those present were: Chair Mark Goldberg, Frank Ahrens, Bev Botko, Jim Funk, Dennis Hopkins, Rita Pederson, Rodrigo Plaza, Gordy Tulberg, Parks Director Jim Fackler, and Secretary Peggy James. Rodney Beystrom arrived late. Marilyn Byrnes was absent and excused. Chair Goldberg informed the Task Force that Royal Moffatt has resigned his position, and that he has notified the Mayor who indicated that they will look for a replacement. Goldberg noted that Beystrom will be arriving late. The Secretary informed the Chair that Marilyn Byrnes is unable to make the third Tuesday meeting of each month. MINUTES There were no changes to the June 6, 1995 Common Task Force Minutes. IDENTIFICATION OF CONSTITUENCY GROUPS Goldberg explained that groups need to be identified in order to balance the needs and desires of the different group and quantify the priorities for the task force. It was clarified that the Exploratory Survey will be mailed in July, and another survey will be mailed in September to the specific constituency groups. It was suggested that they use the same groups used to identified the forum of the task force. Beystrom arrived. Plaza suggested that the number of constituency groups be kept to a minimum. Hopkins agreed. Commons Task Force Minutes June 20, 1995 After much dicussion, the constituency groups were identified as follows: 2. 3. 4. 5. Citizens at large. Nonabutting dock site holders (some have encroachments). Abutters with only their dock sites located in front of their property. Abutters with other dock sites located in front of their property. Abutters with encroachments. FINALIZE EXPLORATORY SURVEY The purpose of the survey is to collect the concerns of people who utilize the commons dock program. The purpose of listing the issues identified by the task force on the survey is to help trigger thoughts for those completing the survey. It was noted that not all the issues identified by the task force are included on this list. The secretary informed the task force that the City Manager will review the survey before it is mailed out, and he may possibly forward it to the Council for their review. The Secretary will revise the survey as discussed, will fax a copy to Goldberg for approval, and will then submit to the City Manager for approval before mailing. Ahrens was concerned about the City Manager changing the survey before it is mailed. The secretary confirmed that if there are changes, she will notify Goldberg. The secretary verified that the survey is to be mailed to all dock site holders. The task force hopes to mail the survey as soon as possible and have the results received before their July 18th meeting. They want the comments returned within five days that the survey is mailed. FINALIZE PRESS RELEASE The purpose of the press release is to inform the public about the task force and to notify them of the upcoming surveys. They also hope to receive comments from those not being reached by the surveys. The press release is to be published as soon as possible. BEGIN GENERATING LIST OF PROBLEMS, PRIORITIES Discussion of this item vvas tabled. STAIRWAYS AT ROANOKE AND AMHURST ACCESSES Goldberg informed the task force that the City is constructing concrete stairs on narrow accesses to help access to the commons. Goldberg stated that his concern 2 Commons Task Force Minutes June 20, 1995 is that these stairways may increase the loss of privacy to adjacent property owners, and he asked if the construction of these stairs could be postponed until the task force has completed their recommendation to the Council. The Parks Director explained that the City Council is discussing this issue. The task force decided that if they wish to comment on this issue that th. ey can individually contact the Council. NEXT MEETING Because the next regular scheduled meeting is on July 4, a holiday, Goldberg suggested the task force schedule another meeting. It was determined that the task force would meet on Tuesday, June 27, 1995 at Pembroke Park at 6:30 p.m. They will then walk the length of Devon Commons and Brighton Commons. The Parks Director will accompany them on the tour. Tulberg will bring his pontoon boat to the Park in case they wish to view the commons from the water. During the tour, the task force members will work on generating a list of probmes, priorities. ADJOURNMENT The meeting adjourned at 10:15 p.m. Respectfully submitted, Peggy James Secretary 3 Fax DATE: TO: FROM: SUBJECT: June 22, 1995 The Laker Peggy James, Secretary News Release Please publish the following news release in the July lOth issue of "The Laker". Commons Dock Task Force Formed The City of Mound has organized a citizen task force to evaluate the commons dock program and make recommendations for its improvement. The task force consists of 11 members representing abutters, nonabutters and citizens at large. The goal of the task force is to discover problems with the program through written surveys and personal interviews. The results will be used to make recommendations to the City Council for program improvements by November 1, 1995. Any citizen who wants to make sure their opinion is included in the evaluation can attend a task force meeting, contact a member of the task force, or may mail or fax your comments to the City of Mound, 5341 Maywood Road, Mound, MN 55364, fax 472-0620. Meetings of the task force are held on the first and third Tuesdays of each month at 7:30 p.m. and are open to the public. You are invited to attend. Members of the task force are: FRANK AHRENS RODNEY BEYSTROM BEV BOTKO MARILYN BYRNES JIM FUNK MARK GOLDBERG, CHAIR DENNIS HOPKINS RITA PEDERSON RODRIGO PLAZA GORDY TULBERG, VICE-CHAIR 472-1520 472-6567 472-3553 472-1615 472-5151 472-4624 472-1411 472-7474 472-1042 472-7963 Commons Task Force Exploratory Survey Your Comments Will Make A Difference!! Commons Dock Program Feedback Request Mayor Polston and the City Council have initiated a task force to review the commons dock program. The purpose of this task force is to identify the problems that participants may have with the program. The task force will then recommend policy changes that will increase the satisfaction levels for each of the different groups of users. Please review the issues identified by the task force, and comment on these or any additional issues that you think the task force should consider. WE NEED TO HEAR FROM YOU./ YOUR INPUT IS VITAL TO SUCCESS./ Please return your comments in the enclosed envelope by Monday, JULY 10. Thank you! Preliminary issues identified thus far by the task force: Y=eur right to have access to the lake. Urre~al enforcement of commons/dock ordinances. Privacy for homeowners that~border the lakeshore commons. Conflicts between homeowners and commons users. Dilapidated docks. City's handling of encroachments. Dock fees. Spacing between docks. Other? Please provide your views on the above issues and any further concerns you may have (your comments are anonymous): live in a house that borders lakeshore commons: __.yes have a dock on lakeshore commons: __yes __no no Metropolitan Council Working for the Region, Planning for the Future June 21,1995 Francene Clark Leisinger Clerk City Of Mound 5341 Maywood Rd Mound MN 55364-1687 Dear Ms Clark Leisinger: The Metropolitan Council staff has prepared a preliminary population and household estimate (April 1, 1994) for your community. Enclosed for your review is a 1994 worksheet which includes 1990 Census background data. The estimates are used by the Council to monitor population and household change in the region. Last year the Council conducted a household size survey of 50,000 Metro Area households to assist us in estimating the number of people in households. Our intent was to measure current household sizes for single-family and multifamily units and then to calculate changes since the 1990 census. We have incorporated the results into the enclosed April 1994 estimates. We strive to provide estimates that are accurate and that treat each municipality consistently. If you have questions about the estimates, please contact Kathy Johnson at 291-6332. If you prefer to submit written comments, please direct these to Ms. Johnson as well. We would like to send the estimates to the State Department of Revenue by mid-July for use in their local aids formulas. To do so, we need to receive your comments by July 7, 1995. Thank you for your prompt attention to this matter. Sincerely, James Solem Regional Administrator JS/kj Enclosure Metro Info Line 229-3780 230 East l~lfth Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TrY 291-0904 An Equal Opportunity Employer METROPOLITAN COUNCIL PROVISIONAL POPULATION ESTIMATE APRIL 1, 1994 City or Township: MOUND 1994 Housing Units 19~4 ~ I994 1 Estimated I990 census comPleted OCcUpied~ i HOUSing By TYpe HOUSing units HOuSing units HOuSeholds Sinsle-Family 3,067 __3,136 3,006_ Multifamily (incl. Townhouse) 884 886 735 Mobile Home 14 15 14 TOTAL * 3,965 4,037 1 3,755 1990 Census Households 3,710 1994 Household Estimate 3,755 POP~ATION ESTIMATE 1990 Census Total Population 9,634 1990 Group Quarters Population 0 1990 Population in Households 9,634 1994 Population Estimate 9,592 1994 Group Quarters Population 0 1994 Population in Households 9,592 PE ONS HOUSEHOLD 1990 Census Persons per Household 2.60 1994 Persons per Household 2.55 All numbers are as of April 1 of each year. OTt~s total includes 11 units hsted in "other" housing in the 1990 Census data. The Census defines these units as those _n,,ot fitting efined housing categories, such as houseboats, railroad cars, campers and vans. Since no information on "other units is available between censuses, for purposes of 1994 population and household estimation, these units have been allocated to the single and multiple family categories. This was done based on persons per "other" household and the ratio of single-family to multifamily housing in the jurisdiction.