1994-06-14]'une ~,
MINUTES - MOUND CITY COUNCIL - JUNE 14, 1994
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
June 14, 1994, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and
Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City
Clerk Fran Clark, City Attorney Curt Pearson, City Planner Mark Koegler, Building Official
Jon Sutherland, and the following interested citizens: Quirin & Maria Matthys, Craig & Karolee
Goodrich, Sandra Berkey, Joann & Bernie Boeser, Richard & Pauline Garozzo, Anthony
Ornelis, Brian & Sue Schebler, John Costello, Dave Lanz, Patty Guttormson, Valerie & Dan
Hessburg, Jackie & Peter Meyer, Dave Wren, Jeanette Belcourt, Becky Hunt, Diane Maloney,
Jay Petersen, Rhonda & Greg Eurich, Patti Herzog, Greg Sicheneder, Carol Haunner, Michael
Tegeder, David Decker, John Boyer, John Blumentritt, Kevin Norby, Rod Larson, Craig Smith
and Myrna Noyd.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made by Smith, seconded by Jessen to approve the Minutes of the May
24, 1994, Regular Meeting, as submitted. The vote was unanimously in favor.
Motion carried.
1.1 RESOLUTION COMMENDING LT. RONALD L. WHITEHEAD AND THE
BLOOMINGTON POLICE DEPARTMENT FOR ASSISTANCE IN A MOUND
POLICE DEPARTMENT INTERNAL INVESTIGATION.
The Mayor read the proposed resolution.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION #94-76
RESOLUTION COMMENDING LT. RONALD L.
WHITEHEAD AND THE BLOOMINGTON POLICE
DEPARTMENT FOR ASSISTANCE IN A MOUND
POLICE DEPARTMENT INTERNAL
INVESTIGATION
The vote was unanimously in favor. Motion carried.
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June 14, 1994
1.2
PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT FOR A
PLANNED DEVELOPMENT AREA KNOWN AS PELICAN POINT - BOYER
DEVELOPMENT CORPORATION.
The application includes three items for approval: the Planned Development Area (PDA), the
Preliminary Plat, and variances. He outlined the following:
Environmental Review. An Environmental Assessment Worksheet (EAW) will be
prepared. An Environmental Impact Statement (EIS) is not expected to be necessary as
Mound's shoreland ordinance should receive DNR approval prior to the final plat
approval (at least 60 days).
Density and Total Units. The maximum density allowed on the Pelican Point site, based
on the proposed plan, is 48 units. The total number of proposed units is within the
requirements of both the Mound Zoning Code and the State shoreland requirements.
East Port Road. The developer's attorney and surveyor will need to research the platting
history of East Port Road and work with the City Attorney to resolve any issues.
Streets. Pelican Point Circle is proposed to be constructed as a public street. The design
and installation of the pavers must not create a future maintenance problem due to frost
heaving, snow plowing or differential settlement.
Driveways. If driveways are to be installed over lot lines, appropriate easements will
need to be established.
Variances. Variances for setbacks, lot width, lot area, street frontage, and street width
are included in this application.
Impervious Cover. Mound's shoreland ordinance limited impervious cover to 30% of
the total site. The State shoreland rules limit impervious cover to 25 %. Pelican Point,
as proposed, has an approximately impervious cover rate of 28.8% including both the
mainland and island areas.
Bluff Areas. Most of the riparian units observe at least the 30 foot setback. Exceptions
include Lot 7, 8, 9, 10, 11, and 12 of Block 2. Bluff setbacks for these units range from
13 to 28 feet. Only lots 9 and 10 have a setback less than 20 feet.
Water Oriented Accessory Structure (WOS). A WOS is being proposed with a floor area
of 900 square feet, requiring a variance from the State shoreland standards.
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June 14, 1994
10.
Vegetation Removal. Covenants regulating vegetation removal could be included within
the homeowner's association agreements.
11.
Docks. A common dock area accommodating 40 boats is proposed. Mound does not
have any specific review authority regarding docks, but can offer comments to applicable
permitting agencies.
12. Park Dedication. The Mound Park Commission will be reviewing the plat in June.
13.
Channel Easement. The preliminary plat identifies a 70 foot wide channel easement
between the mainland area and the island.
14.
Trail. The plan identifies a trail leading from the housing units to the common dock
area, and is generally consistent with the shoreland regulations.
15.
Landscaping. Concept plans have been submitted and adequately convey the character
and level of landscaping. Additional detail, including identified species and sizes, will
need to be supplied at a later date.
Staff recommended that the Planning Commission recommend approval of the conditional use
permit to establish a Planned Development Area (PDA) including applicable variances, approval
of the Preliminary Plat for Pelican Point, and incorporation of the Preliminary Plat dated 4-21-
94, last revision 5-10-94 as Exhibit 1 of the conditional use permit subject to applicable
conditions. If the Planning Commission concurs with this finding, the following motion is
suggested:
The Planning Commission recommended that the City Council approve a Conditional Use Permit
for the establishment of Pelican Point as a Planned Development Area including applicable
variances for lot sizes, lot width, lot line setbacks, and street frontage corresponding to the lot
configuration shown on the Preliminary Plat. Furthermore, the Planning Commission
recommended approval of the Preliminary Plat as well as its incorporation into the Conditional
Use Permit as Exhibit 1. The aforementioned approvals are contingent on the following
conditions:
Because of exceeding the threshold for an EAW resulting from the proposed common
dock area (marina) and in order to satisfy local environmental concerns, the applicant
shall prepare an Environmental Assessment Worksheet (EAW), consistent with the
requirements found in the Minnesota Environmental Quality Board Environmental
Review Program, 4410.0200 to 4410.7800. The EAW shall include a biological
inventory of the site as well as a Phase I archaeological reconnaissance survey of the
property. If the EAW results in information requiting additional conditions to this
preliminary plat approval, said conditions will be added prior to final plat consideration.
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June 14, 1994
The applicant shall secure all applicable permits from all entities with jurisdiction over
this project including, but not limited to, the Department of Natural Resources, the
Minnehaha Creek Watershed District, the Lake Minnetonka Conservation District and
the Department of Health.
The applicant shall investigate and supply information to the City Attorney regarding the
historic platting of the East Port Road area and Island View Drive in order to verify that
the property shown within the Preliminary Plat is free of outside encumbrances.
All private driveways shall either be located within the lot that they serve or easements
shall be prepared allowing access on neighboring lots.
The project shall be limited to a total amount of impervious cover not to exceed 30
percent. As such, the City recommends that the DNR approve an impervious coverage
variance if applicable.
Bluff areas as delineated on the Preliminary Plat shall remain undisturbed. The City
recommends that the DNR approve top of bluff setback variances consistent with the unit
placement shown on the Preliminary Plat.
The City finds that the one proposed water oriented accessory structure is reasonable and
recommends variance approval by the DNR since it serves 40 homes. The proposed
building is of far less impact than a series of private water oriented accessory structures
that would be allowed if the lakeshore was platted into private lots in a more traditional
subdivision design. Said water oriented accessory structure shall comply with the setback
and color restrictions identified in the State shoreland rules.
Covenants and bylaws of the homeowner's association shall include provisions restricting
vegetation removal from Outlot C. Said documents shall be approved by the City of
Mound at the time of final plat approval.
Permits for docks shall be obtained from the DNR and LMCD as applicable.
Park dedication fees shall be collected in conformance with the Mound Subdivision
Ordinance.
Tree management practices shall be followed consistent with the Tree Management
narrative submitted as part of the developers narrative and included as part of the
Conditional Use Permit as Exhibit 2.
The applicant shall prepare a detailed landscaping plan for the project entry for review
and approval by the City Planner.
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June 14, 1994
13.
Detailed information on paving at the entry area and at trail crossing points shall be
prepared by the applicant and submitted to the City Engineer for review and approval.
14.
All interior lot lines shall be required to have a 5 foot wide drainage and utility easement
along both sides except common lot lines which pass through buildings.
15.
Easements with a minimum width of 20 feet shall be provided for utilities not located
within street rights-of-way.
16.
A drainage and utility easement shall be provided at the north end of Outlot C for the
storm sewer and drainage channel that leads to Lake Minnetonka.
17.
The City's existing storm sewer in East Port Road shall be added to the Preliminary
Utility Plan. Furthermore the proposed drainage pond shall have adequate capacity to
accommodate runoff from the Pelican Point development as well as from the existing
City storm sewer. Drainage calculations demonstrating adequate capacity shall be
submitted and approved by the City Engineer. The sediment control structure for the
pond outlet shall be relocated midway between the inlets.
18.
Silt fence shall be located to contain all areas disturbed by grading. Method #1 for silt
fence installation as shown on the Preliminary Grading, Drainage and Erosion Control
Plan shall be utilized.
19.
All utilities adjacent to Pelican Point Circle shall be constructed within the public right-
of-way.
20.
The proposed sanitary sewer shall be extended from manhole #7 with an additional
manhole placed to provide service for Lots 19 and 20, Block 2.
21.
An additional sanitary sewer manhole shall be added closer to the intersection of the
private drive (as shown on the plat) and Pelican Point Circle to retain the line within the
public right-of-way and to reduce the length of the services to Lots 5 and 6, Block 1.
The watermain in this area shall also be moved.
22. An additional fire hydrant shall be added at the proposed cul-de-sac.
23.
Additional mainline gate valves at locations acceptable to the City Engineer shall be
added to provide zoning of the water distribution system.
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June 14, 1994
24.
Pelican Point Circle shall be constructed as a 28 foot wide (back to back) public street
accommodating parking on one side. A 10 foot variance from the right-of-way
requirement is approved due to the desire of both the applicant and the City of Mound
to maximize retention of existing tree cover.
25.
Ingress and egress lanes at the project entrance shall be widened to 16 feet (back to back)
and B618 curb and gutter shall be installed.
26.
The proposed cul-de-sac that is identified on the Preliminary Plat as a "Shared Private
Driveway" shall be platted and constructed as a public street with right-of-way and
pavement widths consistent with Pelican Point Circle. A variance for the cul-de-sac
bubble of 20 feet is approved to establish an 80 foot diameter bubble with a paved area
with a 70 foot diameter. The pavement width at the bubble can be reduced by the
placement of a landscaped island providing that the cul-de-sac is posted for one-way
traffic only.
27.
Plans for street lighting shall be submitted for review and approval by the City Engineer.
Said plans shall identify the system ownership as either public or private and shall specify
pole and fixture types and locations.
28.
No structures shall be built or placed upon the island (Outlot C) without specific
modification of the Conditional Use Permit.
29.
The approval of the PDA and preliminary plat are subject to all other applicable city
codes and ordinances.
30.
All bylaws and covenants and other association documents are to be reviewed by the City
Attorney.
The City Engineer commented that in answer to several questions brought up at the Planning
Commission public hearing: 1)the main entrance to Pelican Point is approximately 75' from the
crest of the hill on Tuxedo Blvd. and meets all the state requirements as far as sight is
concerned; 2)Tuxedo Blvd. was designed to carry over 6500 cars per day. Last year a traffic
count was done and that showed 4447 per day so the additional 240 trips a day to be generated
by Pelican Point is still well under what the road was designed to carry.
Boyer Building Corp. reviewed their plan. They assured the Council that they will do
everything they can to preserve the majority of the trees on the property. They also reported
that they feel with the larger than necessary pond they will be creating will also cut down on the
nutrient that is currently entering the Lake from this property. Their plan is to have the entire
project completed in 3 years from the start, this Fall.
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June 14, 1994
They asked that the Council consider the following:
Deferring the Park Dedication Fees ($3,100 per unit) until the closing of each
unit occurs.
Support from the Council, with the LMCD and DNR, on 40 unit dock marina and
the water oriented accessory structure.
e
The cul-de-sac area (which will serve 6 units), be 22' or 24' not the 28' in width,
which would allow 2 cars to pass with no parking on this road.
The Mayor opened the public heating. There were no comments. The Mayor closed the public
heating.
On the three items asked about:
Cul-de-sac - The City Engineer reported that if there is no parking allowed on
this street or cul-de-sac, a 24' width would be acceptable. The road would still
have to be constructed as others in the plat, with curb and gutter. Also it would
be a public street.
40 dock marina & accessory structure - The Council stated they are in support of
the 40 boat marina and the accessory structure as requested and they would relate
this to the LMCD and DNR.
e
Park Dedication Fees - The Council explained that they have to be consistent and
the ordinance is explicit that the fee is to be paid before final plat approval. They
have required others to pay this fee.
MOTION made by Smith, seconded by Ahrens to direct staff to prepare a resolution
of approval of the preliminary plat for a Planned Development Area for Pelican
Point detailing the conditions discussed tonight. The vote was unanimously in favor.
Motion carried.
1.3
MOTION made by Johnson, seconded by Ahrens directing that a letter be written
to the LMCD and the DNR giving strong support to the 40 slip marina at Pelican
Point and the accessory building. The vote was unanimously in favor. Motion
carried.
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June 14, 1994
1.4
PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE
MOUND ZONING ORDINANCE, SECTION 350:310, TO ADD A DEFINITION
FOR "VICTIMS OF DOMESTIC ABUSE SHELTER" AND AN AMENDMENT TO
THE MOUND ZONING ORDINANCE, SECTION ~50:760, TO MODIFY THE
TEXT OF THE EXISTING CODE TO ADD "VICTIMS OF DOMESTIC ABUSE
SHELTER" TO THE LISTING OF USES ALLOWABLE IN THE GENERAl,
BUSINESS (B-2) ZONING DISTRICTS BY ISSUANCE OF A CONDITIONAL USE
PERMIT.
The City Planner stated that there is not a great deal of new information to add, with the
exception this item was part of a package of items offered previously. Initially it was driven by
the use of an existing building which subsequently has been demolished and is not part of the
plan. However, the applicant had made a legitimate application and has chosen to continue that
application to pursue modification of the zoning code to allow a "victims of domestic abuse
shelter" within the B-2 zoning district. As discussed before, this type of use could then be
placed in any of the B-2 zones within the city, subject to conditional use permit approval. He
stated that "victims of domestic abuse shelter would have to be defined and a modification made
to the text of the existing code to add this as an allowable use in the B-2 district.
The Planner reminded the Council that ordinance amendments according to the City Zoning
Ordinance reads in part, ...... "Such amendments shall not be issued indiscriminately, but shall
only be used as a means to reflect changes in the goals and policies of the community as
reflected in the Plan or changes in conditions in the City." That type of finding would be
necessary in order for the zoning ordinance language to be amended to allow this type of use
in the B-2 zone by conditional use permit.
The applicant, Dan Hessburg, addressed the Council. He stated that this zoning amendment is
being requested because there is a need in this community and the surrounding area for this type
of shelter. He stated that this land use would be an educational, philanthropic, and charitable
nature for the community and its residents. He stated this type of shelter would be an asset to
the community, not a detriment to the public health, safety and welfare.
Mr. Hessburg then presented overheads that he stated would relate to some of the concerns that
have been brought up in the past. The area to be served by the shelter would be Mound, St.
Bonifacius, Minnetrista, South Lake Minnetonka, Deephaven, and Wayzata. He gave statistical
data on the number of abuses, as reported to the police departments, in this area.
Jackie Meyer presented slides of different shelters in the Twin Cities area.
The Mayor opened the public hearing.
The following persons spoke against the zoning amendment for the following reasons:
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June 14, 1994
2.
3.
4.
5.
6.
7.
8.
9.
James Ventura, attorney for Driftwood Shores Association
Sue Schebler, 1759 Lafayette Lane
Jim Welboum, 1747 Lafayette Lane
Chuck Auger, 1769 Lafayette Lane
Craig Goodrich, 1776 Lafayette lame
Sandra Berkey, 1768 Lafayette Lane
Anthony Omelis, 1759 Lafayette Lane
Brian Schebler, 1759 Lafayette Lane
Steven Berkey, 1768 Lafayette Lane (letter read to the Council)
Reasons:
There is no proposal. No plans, roles or guidelines have been presented. No
plans have been presented for a building and no budget.
This shelter would be just a temporary residence. There would be no counseling
at the facility.
Would have a negative impact on the neighborhood.
This type of use would eliminate property taxes on this parcel of land.
Allowing this in the B-2 zone, 2 of those areas are at the entrance to the city.
A community residential facility is already allowed in the R-3 multi-family zone
and there are lots available in that zone.
R-3 multi-family would be better suited for this type of use and lots are available
in that zone.
The Council should assess the needs of the city and its residents.
The proposal is vague and nebulous.
Any police calls would be a concern to the neighborhood.
There are 3 - B-2 zones and the city could be asked to approve other types of
shelters (i.e. drug rehab, half-way houses, etc.) in the future.
Don't know how long these people would be housed at the shelter.
A letter from Alan Goodell-Holmes, Ph.D., Licensed Psychologist was
submitted.
In favor of a shelter but not in a residential area of Mound.
Fear of violence in a residential neighborhood.
Would rather see some commercial business on the Fina site, not a shelter.
Would rather have the Council deal with a site specific, not just generally change
the zoning ordinance to allow a victims of domestic abuse shelter.
A letter from Jon Scherven, Bumet Realty, on an alternate site at the comer of
Shoreline Dr. and Norwood Ave.
Pictures were submitted of a shelter with a sign that stated that no donations
would be accepted there. When the person questioned the sign, they were told
it was because of the violence that has occurred.
No taxes would be generated by a shelter.
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June 14, 1994
Shelter will house more people from out of the area than residents of Mound.
The following persons spoke in favor of the proposed zoning amendment for the following
reasons:
2.
3.
4.
5.
6.
7.
8.
Reasons:
Jay Petersen, 2667 Halstead. Lane
Greg Sicheneder, Minnetrista (the3apist working with perpetrator violence)
Dave Decker, Psychologist with Pyramid Mental Health Center in Minnetonka.
Dave Rand, 4610 Hanover Road
Buddy Erickson
Jeanette Belcourt, 4936 Leslie Road
Becky Hunt, 4935 Bartlett Blvd.
val & Dan Hessburg, 3490 Lythram Way
There is a need for this shelter in this area.
There is a 60 % turn away rate at, other shelters.
Plans and guidelines would be addressed in a conditional use permit, not at this
time.
Service are of 42,000 people, includes the surrounding area.
Need to stop the violence.
Women and children deserve the feel mfe and shelters provide safety.
A letter from Samaritan Center (Delia Bujold, Licensed Marriage & Family
Therapist) was submitted.
There were 55 child protection cases started in 1993.
We need to triple the number of shelters in the metro area.
The community needs to get behind this and support stopping the domestic
violence.
Violence against women is the number 1 health issue for women.
When a shelter was needed, this per~on had to take her 4 children out of school
and go to Eagan, b~ause there was nothing else available.
7 letters were submitted in support of the shelter in the B-2 zone.
Val Hessburg, Director of Westonka Intervention, urged the Council to make a decision tonight,
yes or no.
The Mayor closed the public hearing.
The Council discussed the need for a shelter. The consensus was that one is needed, but what
zone it should be allowed in is another question. The Council discussed the fact that a
commercial residential facility, already allowed by CUP in the R-3 zone is not the same as a
victims of domestic abuse shelter. The difference is that a commercial residential facility is state
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June 14, 1994
licensed and the other is not. At this point, a victims of domestic abuse shelter is not allowed
in any zoning district of the city.
The City Attorney stated that designing the uses for the district should be done without taking
into consideration some specific proposal or a specific site. He also pointed out that in order
to approve the proposed zoning amendment, a 4/5 vote is required.
Council Liaison Jensen, stated that the Planning Commission was not as successful as the
Council in looking at the overall zone, trying to divorce themselves from the issue of the
convent moving to the Fina site. She further stated that the Planning Commission did address
the fact that this would affect all three B-2 Zones.
The Council all agreed there is a need for a shelter in the community, i.e. the Westonka area.
The Council discussed the possibility of allowing this shelter in other zoning districts.
MOTION made by Smith seconded by Alarens to deny the request for an amendment
to the Mound Zoning Ordinance, Section 350:310, to add a def'mition for "Victims
of Domestic Abuse Shelter" and an amendment to the Mound Zoning Ordinance,
Section 350:760, to modify the rest of the existing Code to add "Victimn of Domestic
Abuse Shelter" to the listing of uses allowable in the General Business (B-2) Zoning
Districts by issuance of a Conditional Use Permit.
Councilmember Jensen stated that no matter what zone this shelter is proposed
to be in, the faces will change but the words will not.
Councilmember Jessen stated that if she votes to deny the request, it is because
she would like to see this be broader in scope than just the B-2 zone.
Mayor Johnson, Councilmembers Ahrens & Smith all stated that they are not
convinced that this is the best use for the B-2 zoning district. Councilmember
Smith stated that he feels this type of use in a B-2 zone is not consistent with
what the EDC is trying to do in the business areas of Mound.
The vote was 4 in favor with Jensen voting no. Motion carried.
1.5
MOTION made by Jessen, seconded by Smith to direct Staff and the Planning
Commission to look at all zones where they feel a victims of domestic abuse shelter
would fit, develop a def'mition, and bring a recommendation back to the Council.
Councilmember Jensen stated she is voting against this for the same reason as
before. The faces will change but the words will not. It is also not a productive
use of Staff time.
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June 14, 1994
The vote was 4 in favor with Jensen voting no. Motion carried.
There was discussion on getting together with Westonka Intervention and other social service
agencies to explore and look at other areas that might be more well suited for a victims of
domestic abuse shelter.
1.6
CASE//94-37: INFINITI MARKETING, INC,, CRAIG SMITH, 5318 SHORELINE
DRIVE (BALBOA BUILDING), OPERATIONS PERMIT.
The Planner explained the request. Staff recommendation is for approval for an initial
occupancy of approximately 8,744 square feet within the Balboa Building. It was further
recommended that the permit allow for future expansion providing the nature of the business and
the products stored on the premises remains essentially unchanged. It is an office and warehouse
area for the distribution of automotive aftermarket products such as consoles, rack systems,
radar detectors and other items. The firm will operate one shift with approximately 14
employees. Approval will be conditioned on compliance with all building and fire codes.
The Council asked about truck traffic. The applicant stated that this should not be a problem.
MOTION made by Smith, seconded by Ahrens to direct Staff to prepare a resolution
of approval for an Operations Permit for Infiniti Marketing, Inc. 5318 Shoreline
Drive (Balboa Building) as recommended and conditioned. The vote was
unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRFSENT.
There were none.
1.7 LICENSE RENEWALS.
The following licenses were presented for renewal: Expire 6/30/94.
7/1/94 to 6/30/95. Approval contingent upon all required forms,
submitted.
New License Period
insurance, etc. being
On-Sale Intoxicating Liquor - Class A
Headliners Bar & Grill
On-Sale Beer
A1 & Alma's Supper Club
House of Moy
Mound Lanes
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June 14, 1994
Off-Sale Beer
Brickley's Market
PDQ Food Store
SuperAmerica
Club - On-Sale
American Legion Post//398
VFW Post//5113
On-Sale Wine
A1 & Alma's Supper Club
House of Moy
Sunday Sales
Headliners Bar & Grill
VFW Post #5113
MOTION made by Jessen, seconded by Jensen to authorize renewal of the above
licenses. The vote was unanimously in favor. Motion carried.
1.8
RESOLUTION APPROVING AN EXEMPTION FROM LAWFUL GAMBLING
FOR OUR LADY OF THE LAKE CHURCH - JULY 30 & 31, 1994.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION//94-77
RESOLUTION APPROVING AN EXEMPTION FROM
LAWFUL GAMBLING FOR OUR LADY OF THE
LAKE CHURCH - JULY 30 & 31, 1994 (INCREDIBLE
FESTIVAL.
1.9
ADD ON ITEM: CASE //94-23: ROD LARSON & MYRNA NOYD, 2976
HIGHLAND BLVD., THAT PART OF BLOCKS 1 AND 2 INCL. BUCKBEE DR.
NOW VACATED, "MINNESOTA BAPTIST SUMMER ASSEMBLY", PID #23-117-
24 41 0016, VARIANCE FOR GARAGE ADDITION.
The Building Official reported that this item was tabled at the last meeting in order for staff to
gather more information on the sewer and water hook-ups. The request is for a variance to
allow construction of an attached garage. The nonconforming use is the second dwelling unit
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June 14, 1994
(rental unit) on the property. A review of the sewer records shows that there are no sewer
connections from either dwelling to Highland Blvd. It is assumed the rental unit is connected
to the lakeside manhole through the principal dwelling. A dye test would have to be conducted
to confirm this situation. The property was only charged one assessment for sewer and one for
water.
The City Attorney pointed out that the sewer and water hook-ups to the second dwelling was
apparently done without a permit. The Building Official agreed. He stated that there are two
addresses for this property and two water shut-offs with two water bills being charged, one to
each dwelling unit.
The Building Official reported that sometime between 1965 and 1974, the detached garage was
converted to a second dwelling. There are no records of city approval of this conversion.
The owners of the property were present and stated that they purchased the property with the
rental unit which allowed them enough income to pay the mortgage payments. Mr. Larson
stated they are not in the position to give up the rental property. He asked that the Council
amortize the use of this rental unit to coincide with in the payoff on the mortgage or 20 years.
Then the building could be removed.
The City Attorney pointed out that the Council, by its own ordinance, cannot expand this
nonconforming use which it would be doing by allowing the garage addition and recognizing the
existence of this second dwelling (rental unit). He further stated that it appears that this is an
illegal nonconforming use. The City Attorney again referenced Section 350:420, Subd. 1 of the
Code which reads as follows: "Any structure or use lawfully existing upon the effective date
of this Chapter may be continued at the size and manner of operation existing upon such date."
The key words are "lawfully existing".
MOTION made by Smith, seconded by Jensen to direct staff to prepare a resolution
of denial based on the findings discussed tonight. The vote was unanimously in
favor. Motion carried.
1.10 PAYMENT OF BILL,$
MOTION made by Jessen, seconded by Smith to authorize the payment of bills as
presented on the pre-list in the amount of $300,651.50, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
INFORMATION/MISCEI,I~ANEOUS
A. Department Head monthly reports for May 1994.
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B. LMCD Representative's monthly report for May 1994.
C. Notice of the Hennepin County Old Tyme Fair, July 28-31, 1994, Lion's Park in
Corcoran.
D. Hennepin County 1993 Annual Recycling Report.
E. LMCD levy adjustment. Refund of $7,235. Reimbursement for the Shoreland
Ordinance - $750. Another $500 will be forthcoming.
F. L.M.C.D. mailings.
G. LMCD proposed Budget for 1995.
H. Final Draft of the 1992 Lake Minnetonka Lake Access Task Force Report.
I. Memo from Police Chief Len Harrell regarding his attendance at the FBI Academy in
January of 1995.
J. Planning Commission Minutes of May 23, 1994.
K. Park & Open Space Commission Minutes of May 12, 1994.
L. REMINDER: Around Mound Run/Waik, Saturday, June 11, 1994, Mound Bay Park.
M. REMINDER: Mound Volunteer Fire Dept. Fish Fry, Saturday, June 11, 1994, 4-8
P.M., Fire Station.
N. REMINDER: Mound City Days, June 17-19, 1994.
O. REMINDER: COW Meeting, Tuesday, June 21, 1994, 7:30 P.M.
P. REMINDER: EDC Meeting, Thursday, June 16, 1994, 7:00 A.M., Mound City Hall.
You are invited to attend re: ISTEA Grant discussion.
MOTION made by Ahrens, seconded by Smith to adjourn at 12:15 A.M. The vote
was unanimously in favor. Motion carried,.------~
Attest: City Clerk
292
BILLS -June 14, 1994
BATCH 4053 $160,638.67
BATCH 4054 140,012.83
TOTAL BILLS $300,651.50