1994-07-26July 26, 1994
MINUTES - MOUND CITY COUNCIL - JULY 26, 1994
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
July 26, 1994, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Liz Jensen, Phyllis Jessen and Ken
Smith. Councilmember Andrea Ahrens was absent and excused. Also present were: City
Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City
Planner Mark Koegler, Building Official Jon Suthefland, and the following interested citizens:
Ken & Joanne Junker, Gary & Lizabeth Parendo, John Costello, Buzz Sycks, Ken Lund, Clark
Lillehei, Jim Bedell, Rick Palmateer, Julie & Dean Steffen, Darryl Dillon, Kevin Wildes, Jean
& Roy Westergaard.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made by Jessen, seconded by Smith to approve the Minutes of the July
12, 1994, Regular Meeting, and the July 19, 1994, Committee of the Whole Meeting,
as submitted. The vote was unanimously in favor. Motion carried.
1.1
PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO A
CONDITIONAL USE PERMIT APPROVED BY RESOLUTION //85-97 FOR A
PLANNED INDUSTRIAL AREA AT 5300-5400 SHORELINE DRIVE (BALBOA
BUILDING), BALBOA ADDITION, PID//13-117-24 34 0096, CONDITIONAL USE
PERMIT AMENDMENT FOR CANOPIES.
The City Planner explained the request. The canopies would be used for an employee break
area and entry area. The Planning Commission and Staff recommended approval subject to
approval by NSP on the placement of the rear canopy.
The Mayor opened the public hearing. No one responded. The Mayor closed the public
hearing.
Smith moved and Jessen seconded the following resolution:
RESOLUTION//94-101
RESOLUTION TO APPROVE AN AMENDMENT TO
A CONDITIONAL USE PERMIT APPROVED BY
RESOLUTION //85-87 FOR A PLANNED
INDUSTRIAL AREA FOR BALBOA MINNESOTA
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July 26, 1994
COMPANY TO ALLOW FOR CANOPIES AT THE
EXTERIOR OF THE BUILDING, 5330 SHORELINE
DRIVE, BALBOA ADDITION, P&Z CASE//94-47
The vote was unanimously in favor. Motion carried.
1.2
CASE//94-44; BUZZ SYCKS, 5926 BEACHWOOD ROAD, PART OF LOT 47,
BLOCK 4, AUDITOR'S SUBD,//168, PID//23-117-24 13 0023, VARIANCE FOR
NEW DWELLING.
The Building Official explained the request. There is a dwelling on parcel 41, thus the only
access to Beachwood Road from the subject parcel is with a driveway easement across Mr.
Sycks property, parcel 53. These are separate tax parcels and were assessed for street
improvements. The Staff and Planning Commission recommended approval with the following
conditions:
a. The proposal must be conforming to all required setbacks.
The approval is contingent upon receipt of an updated survey that confirms all
conditions as proposed.
A copy of the driveway easement shall be provided prior to the release of the
final resolution.
The driveway shall be brought into conformance with Zoning Code Section
350:445, as required by the Building Official prior to the issuance of any building
permits. This section relates to suitable access for the fire department.
Parcels 13-117-24 11 0024 and 13-117-24 11 0053 be combined prior to release
of the variance resolution.
f.
Proof of the driveway access easement must be provided prior to City Council
approval.
Mr. Sycks presented a copy of the 1974 Minnesota Gas Company easement. The City Attorney
stated that this was not sufficient and another easement would have to be drawn between Mr.
Sycks and the new owner of the property for the driveway easement.
The Council discussed the conditions and asked that item "f" be deleted because it is redundant
with item "c". The following should be added to item "c": "The driveway easement is subject
to approval of the City Attorney."
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July 26, 1994
Ken Lund, buyer of the property asked that the setback on the southerly line be 15' instead of
the 30' required because of the grade of the lot. The Council discussed the proximity of the
structures on the adjacent properties and decided that the 30' setback should remain.
Jensen moved and Smith seconded the following resolution:
RESOLUTION//94-102
RESOLUTION TO APPROVE A VARIANCE FOR
LOT FRONTAGE, LOT WIDTH, AND A FRONT
YARD SETBACK TO ALLOW CONSTRUCTION OF
A NEW DWELLING AT 5926 BEACHWOOD ROAD,
PART OF LOT 47, AUDITOR'S SUBD.//168, PID//23-
11%24 13 0023, P&Z CASE//94-44
The vote was unanimously in favor. Motion carried.
1.3
CASE //94-51: JAMES BEDELL AND STEVEN BEDELL, 4801 SHORELINE
DRIVE, LOTS 1, 2, AND 3, SKARP'S EAST LAWN, PID //13-117-24 44 0052,
VARIANCE FOR SEASONAL SNACK SHOP.
The City Planner explained the request. The City would have to grant a variety of variances,
including:
Recognition of the existing undersized lot.
Required 20,000 sq.ft.
Existing 15,020 sq.ft.
Variance 4,980 sq.ft.
Recognition of setback variances for the existing principal structure.
Hardcover variance. Total hardcover on the site is approximately 44 %.
Variance from the nonconforming use provisions. Section 350:420 states; "Any
structure or use lawfully existing upon the effective date of this Chapter may be
continued at the size and in a manner of operation existing upon such date."
Therefore, nonconforming uses are not allowed to be expanded or intensified
without issuance of a variance.
Shoreland setback variances. The trailer is proposed to be setback approximately
19 feet from the OHW resulting in a variance of 31 feet.
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July 26, 1994
The City Planner stated that this particular use is inconsistent with the provisions of the code.
He pointed out that in granting a variance the City has to determine whether or not the proposal
should be allowed due to hardship or practical difficulty. Economics alone is not a valid criteria
to grant a variance. The Staff recommendation was for denial because the use would expand
a nonconforming use.
The City Planner stated that the City Attorney pointed out that also to be taken into account is
that the proposed use is a use just as the existing residence is a use and therefore the applicant
is introducing a second use on one zoning parcel. Code in general practice does not allow more
than one principal use on one zoning parcel.
The Planning Commission referred this item to the City Attorney's office and Mr. Mertz has
submitted a letter stating that the city should:
First, determine whether the proposed snack trailer represents an intensification
of the nonconforming use; (the City Planner has apparently advised that the
snack trailer would be an intensification, and he does not disagree with that
analysis);
Second, identify the zoning ordinance and shoreland management ordinance
variances necessitated by this application;
Third, review the variances under the standards and procedures set forth in
Section 350:530 of the Mound City Code;
Fourth, the applicants should be allowed to proceed with establishment of the new
use only after having received approval of all the necessary variances.
Jim Bedell, representing Jim Bedell addressed the Council on the criteria for granting variances
from Section 350:530, Subd. 1, A-F. He presented circumstances existing on the property that
he felt meet the criteria for granting the variances as follows:
Ao
"When Hennepin County widened Co. Rd. 15, they took land on the north side
creating lot area and setback deficiencies. Years before I purchased this property.
the County placed the seawall 30' inside the east property line, as shown on
attached survey. The enactment of the present and previous ordinances all of
which I had no control over.
Bo
Every other property in this district in Seton is nonconforming either by use, lot
area, setback or hardcover. In most cases all apply to each.
2.
3.
4.
5.
Westonka Animal Hospital,
Babler Auto Body.
Rental building next to Progress Woodworking.
Progress Woodworking.
Shoreline Auto Body.
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July 26, 1994
7.
8.
9.
10.
11.
12.
Shoreline Automotive.
Small Engine Clinic.
Minnesoftub.
4823 Bartlett Blvd.
Minnetonka Boat Rental.
4828 Edgewater Dr.
4804 Northern Road (This property may or may not be in this zone.
any case, is nonconforming.
In
I did not plat the property making it deficient in size. I did not create the
hardcover, and I had no control over the land taken for roads or seawall, creating
setback and area size deficiencies.
D. It does not. They are all nonconforming.
E. It is because it is not a permanent structure.
F. It is not. For the same reason as D."
The Council asked if Mr. Bedell was compensated for the property the County took for the
widening of County Road 15. Mr. Bedell answered yes, but he had no control over what they
took.
The Council discussed the request and concurred with the City Attorney that they cannot allow
two uses on one parcel. They have turned down previous requests i.e. 1 dwelling unit and 1
rental unit on one parcel. The City Attorney stated mixing a business and a residential use on
the same property would be a violation of the ordinance.
The Council agreed that the parcel is zoned for business and is currently used for residential
which is the nonconforming part. Then the applicant is asking to add to the nonconformance
with a snack shop, which would put two uses on the same parcel.
MOTION made by Smith, seconded by Jensen directing the Staff to prepare a
resolution of denial with the findings discussed tonight. The vote was unanimously
in favor. Motion carried.
1.4
CASE g94-45: KEVIN WILDES, DARRYL AND CAROLYN DILLON, 1643
HERON LANE, LOT 1 & N 1/2 OF LOT 2, BLOCK 19, SHADYWOOD POINT,
PID//13-117-24 11 0061, VARIANCE FOR DECK.
The Building Official explained the request. The Planning Commission recommended approval.
The Council discussed the size of the deck.
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July 26, 1994
Smith moved and Jensen seconded the following resolution:
RESOLUTION g94-103
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE EXISTING NONCONFORMING
SETBACKS TO ALLOW CONSTRUCTION OF A
DECK AT 1643 HERON LANE, LOT 1 & N 1/2 OF
LOT 2, BLOCK 19, SHADYWOOD POINT, PID #13-
11%24 11 0061, P&Z CASE//94-45
Councilmember Jensen stated that she would like to see an additional Whereas in the
resolution stating the following: "WHEREAS, the additional size of the deck does not
increase the variance as it is still in line with the house and does not impact setbacks."
The Council agreed.
The vote was unanimously in favor. Motion carded.
1.5
CASE //94-46: GARY PARENDO, 5001 AVON DRIVE, LOT 1, BLOCK 3,
SHIRLEY HILLS UNIT B, PID #24-11%24 14 0040, VARIANCE FOR
ADDITION.
The Building Official explained the request. The Planning Commission recommended approval.
Councilmember Jensen asked that the second Whereas read as follows: "WHEREAS, the front
yard encroachment is minimized due to the fact that Avon Drive is unimproved open green
space, is 40 feet wide, and is unlikely to be improved in the future; and .... "The Council
agreed.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION//94-104
RESOLUTION TO APPROVE A FRONT YARD
SETBACK VARIANCE TO ALLOW EXPANSION OF
THE DWELLING AT 5001 AVON DRIVE, LOT 1,
BLOCK 3, SHIRLEY HILLS UNIT B, PID #24-11%24
14 0040, P&Z CASE//94-46
The vote was unanimously in favor. Motion carried.
1.6
CASE//94-49: DEAN AND JULIE STEFFEN, 2873 CAMBRIDGE LANE, LOTS
8 & 9, BLOCK 36, WYCHWOOD, PID #24-117-24 42 0016, VARIANCE FOR
GARAGE.
The Building Official explained the request. The Planning Commission recommended approval.
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July 26, 1994
The Council discussed the 5th WHEREAS and decided it should be deleted.
Smith moved and Jensen seconded the following resolution:
RESOLUTION//94-105
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE EXISTING NONCONFORMING
SETBACKS TO ALLOW CONSTRUCTION OF A
CONFORMING DETACHED GARAGE AT 2873
CAMBRIDGE LANE, LOTS 8 & 9, BLOCK 36,
WYCHWOOD, PID//24-117-24 42 0016, P&Z CASE
//94-49
The vote was unanimously in favor. Motion carried.
1.7
CASE//94-50: LOIS JEAN WESTERGAARD, 5914 FAIRFIELD ROAD, LOT 6,
BLOCK 6, MINNESOTA SUMMER BAPTIST ASSEMBLY, PID //23-117-24 42
0075, VARIANCE FOR GARAGE.
The Building Official explained the request. The Planning Commission recommended approval.
The Building Official stated that the applicant and staff worked hard to keep the hardcover
increase to approximately 1%.
The Council asked that the following be added to the resolution:
"7. The impervious surface shall be removed prior to Building Permit issuance."
Jessen moved and Johnson seconded the following resolution:
RESOLUTION g94-106
RESOLUTION TO APPROVE A VARIANCE TO
HARDCOVER, AND TO RECOGNIZE EXISTING
NONCONFORMING SETBACKS AND LOT AREA TO
ALLOW CONSTRUCTION OF A DETACHED
GARAGE AT 5914 FAIRFIELD ROAD, LOT 6,
BLOCK 6, MINNESOTA SUMMER BAPTIST
ASSEMBLY, PID//23-117-24 42 0075, P&Z CASE//94-
50
The vote was unanimously in favor. Motion carried.
1.8
CASE//94-52: STEVEN GERHARDSON, 3058 BRIGHTON COMMONS, LOT 21
& 1/2 OF 22, BLOCK 15, ARDEN, AND TRACT C OF RLS 1149, PID #24-117-24
43 0091, VARIANCE FOR DECK.
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July 26, 1994
The Building Official explained the request. The Planning Commission recommended approval.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION g94.-107
RESOLUTION TO APPROVE A VARIANCE TO
ALLOW EXPANSION OF AN EXISTING
NONCONFORMING DECK AT 3058 BRIGHTON
COMMONS, LOT 21 & 1/2 OF 22, BLOCK 15,
ARDEN, AND TRACT C OF RLS 1149, PID #24-117-
24 43 0091, P&Z CASE//94-52
The vote was unanimously in favor. Motion carried.
1.9
CASE g94-53: PDQ AND UNIVERSAL SIGN, 5550 THREE POINTS BLVD.,
LQTS 26 & 27, LAFAYEITE PARK. PID #13-117-24 22 0017, SIGN VARIANCE.
The Building Official explained the request. The Planning Commission recommended approval.
Smith moved and Jensen seconded the following resolution:
RESOLUTION #94-108
RESOLUTION TO APPROVE A SIGN VARIANCE
FOR PDQ FOOD STORES, 5550 THREE POINTS
BLVD., LAFAYETTE PARK, LOTS 26 & 27, PID #13-
117-24 22 0017, P&Z CASE g94-53
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
Ken Junker, 4776 Island View Drive, stated that he erected a carport at his house which is
against the ordinance and he will now be removing it since the City discovered it. He presented
a poster with pictures from various areas in the City where there are violations of ordinances
that currently exist. The Council thanked Mr. Junker and stated the Community Service Officers
are working on these types of violations, but it takes time to get them in conformance with the
ordinances.
John Costello, Wayzata Weekly News, asked if there was anything new on the House of Moy
litigation. The City Attorney stated that the Judge has made a ruling.
1.10 RESCHEDULE SEPTEMBER 13, 1994, REGULAR CITY COUNCIL MEETIN(;
TO SEPTEMBER 14, 1994, DUE TO PRIMARY ELECTION.
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MOTION made by Jensen, seconded by Jessen to reschedule the Tuesday,
September 13, 1994, Regular City Council Meeting to Wednesday, September 14,
1994, at 7:30 P.M., due to the Primary Election on September 13th. The vote was
unanhnously in favor. Motion carried.
1.11
APPLICATION FOR PUBLIC LANDS MAINTENANCE PERMIT. REQUEST
FOR TREE TRIMMING, HOWARD HAGEDORN, AVOCET LANE, WIOTA
COMMONS.
The City Manager stated that this item has been pulled from tonight's agenda because of a lack
of information from the applicant. No action was taken.
1.12 RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMISSION RE:
MOUND VISIONS/ISTEA - LOST LAKE CANAL REHABILITATION
PROJECT.
The City Manager explained that the EDC is looking for support from the Council on the
direction they are headed with the Visions Program. They have forwarded a recommendation
to the City Council for the removal of the Post Office and attempt to relocate the Post Office
within the City of Mound along with continued discussions for the Auditor's Road improvement.
The City Attorney cautioned the Council not to interfere with a contract between the owner of
the building and the Post Office. EDC Council Representative Ken Smith stated that the EDC
is not recommending a breach of contract. Councilmember Smith stated that he understands that
the Post Office lease is up in October 1997. He stated the EDC will be cautious and investigate
all options. Councilmember Jensen asked what the plans are for the bridge on Bartlett Blvd.
over the Lost Lake channel. Councilmember Smith stated there are no plans to replace the
bridge. The plans involve dredging of the area under the bridge as part of the restoration of the
Lost Lake Canal. He further explained that the EDC focus is making the lake part of the
downtown which would include the improvement of Auditor's Road.
No action was taken by the Council.
1.13 SET PUBLIC HEARING TO CONSIDER MODIFICATIONS TO THE
SHORELAND MANAGEMENT ORDINANCE, SECTION 350:1200 OF THE
MOUND CITY CODE, (SUGGESTED DATE: AUGUST 23, 1994)
MOTION made by Jessen, seconded by Smith to set August 23, 1994, for a public
hearing to consider modifications to the Shoreland Management Ordinance, Section
350:1200 of the Mound City Code. The vote was unanimously in favor. Motion
carried.
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July 26, 1994
1.14 APPLICATION FOR CIGARETTE LICENSE FOR BY THE WAY SNACK SHOP,
4801 SHQRELINE DRIVE (SUBJECT TO APPROVAL OF CASE//94-51).
This item was pulled from the Agenda because Case//94-51 was denied.
1.15 APPROVAL OF PAYMENT REQUEST //2 - SEWER LIFT STATION
IMPROVEMENT PROJECT IN THE AMOUNT OF $135,401.60.
The City Manager reported that the City Engineer has recommended approval of this Payment
Request.
Their was discussion about the 2' x 4' stainless steel boxes that are near the lift stations and how
the look could be softened by painting them a neutral color.
MOTION made by Jensen, seconded by Smith to approve Payment Request//2 for
the 1994 Sewer Lift Station Improvement Project to Rice Lake Contracting, in the
amount of $135,401.60. The vote was unanimously in favor. Motion carried.
1.16 APPROVAL OF PAYMENT REQUEST //2 - WATER METER EQUIPMENT
PROJECT IN THE AMOUNT OF $46,259.30.
The City Manager stated that the City Engineer has recommended approval of this Payment
Request.
MOTION made by Smith, seconded by Jensen to approve Payment Request//2 for
the Water Meter Equipment Project to Schlumberger Industries, Inc., in the amount
of $46,259.30. The vote was unanimously in favor. Motion carried.
1.17 APPROVAL OF AN ORDINANCE AMENDING SECTION 300:10 OF THE
MOUND CITY CODE TO ADD PROVISIONS REQUIRING THE COMPLETION
OF STRUCTURES WITHIN A SPECIFIED PERIOD OF TIME.
The City Manager explained that this item is formal approval of the ordinance discussed at the
last Council Meeting.
Jessen moved and Smith seconded the following:
ORDINANCE NO. 68-1994
AN ORDINANCE AMENDING SECTION
300:10 OF THE MOUND CITY CODE BY
ADDING SUBD. 5 REQUIRING THE
COMPLETION OF STRUCTURES WITHIN A
SPECIFIED PERIOD OF TIME
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July 26, 1994
The vote was unanimously in favor. Motion carried.
1.18 PAYMENT OF BILLS
MOTION made by Smith, seconded by Jensen to authorize the payment of bills as
presented on the pre-list in the amount of $185,606.41, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. Financial Report for June 1994, as prepared by Gino Businaro, Finance Director.
B. Planning Commission Minutes of July 11, 1994.
C. Letter from LMCD RE: Public Officials Lake Inspection Tour, Saturday, August 13,
1994. Please let Fran know ASAP if you wish to attend.
D. Economic Development Commission Minutes of June 16, 1994.
MOTION made by Johnson, seconded by Jensen to adjourn at 9:20 P.M. The vote
was unanimously in favor. Motion carried.
Attest: City Clerk
t~~j. Shukle, Jr., City Manager
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BILLS- ,July 26, 1994
BATCH 4072 $185,606.41