Loading...
Correspondence - 3882 Sunset Drive - 2/21/2023 wsb February 21, 2023 Matthew Thorson 3882 Sunset Drive Spring Park, MN 55384 Sent Via email to: matthewthorsonmd@gmail.com SUBJECT: IUP Application/3884 Sunset Drive WSB Project Number: 021860 Dear Matthew: o This letter acknowledges receipt of your application to the City of Spring Park on February 14, 2023 for an Interim Use Permit (IUP)for a short term rental unit at 3884 Sunset Drive. w At this time the city cannot accept your application for an IUP at this address because the m site cannot meet the requirements of the City's zoning ordinance. Your site, 3882 Sunset Drive, is zoned R-1, Single and Two-Family Residential, and the requirements for this district can be found in Chapter 42, Article VIII, Division 2 of the Zoning Ordinance. More specifically, Division 2 (Sect. 42-280) outlines the requirements M for IUP's in this zoning district. The only IUP's allowed in this zoning district are short " term rentals, and that is what you are proposing for your property. " " The following lot requirements are established for all short term rental IUP's in this zoning Z district: o a. Lotrequirements. W 1. The lot must be located adjacent to or across the street from a Z Z commercially zoned district. 0 2. The lot must be abutting an arterial street as defined in the Spring M Park Comprehensive Plan. w Your site does not meet either of these requirements. The City Council has been very U) clear regarding their wishes for short term rentals in the Spring Park Community and z these requirements were established to further their goal of limiting the location of these types of units within the city. They understand that there is a desire by some in the a community to operate these types of units but the City Council is directing them to lots w adjacent to commercial property and on arterial streets. x 0 r 3882 Sunset Drive February 21,2023 Page 2 Unfortunately,there is no variance process to allow this use on your property. Variances, according to State law, cannot be granted for uses, and can only be granted for specific standards. Because this is an interim use permit, a variance cannot apply in this instance. If you have any questions, please contact me at 612.364.3029 or email liohnson@wsbeng.com. Sincerely, A-'4h4GVY) Lori Johnson WSB City Planner for the City of Spring Park Jamie Hoffman From: Mike Anderson Sent: Tuesday, February 21, 2023 9:37 AM To: Jamie Hoffman Subject: FW: IUP 3882 Sunset Drive FYI Nike ftbrsm City Ac111ystrata- Qty d-cpnng Park 952-999 7493 From: Lori Johnson<Ijohnson@wsbeng.com> Sent: Friday, February 17, 2023 3:52 PM To: Mike Anderson<manderson@ci.spring-park.mn.us> Subject: IUP 3882 Sunset Drive Hi Mike, I'm getting prepared to send a letter to the applicant/property owner for the IUP application we received. Unfortunately, I am finding that he doesn't meet the requirement for an IUP on this lot. You can see below that under(1)a (1)the lot has to be located adjacent to or across the street from a commercially zoned district, and this lot is immersed in a residential zone. Also Sunset is not an arterial )2). I'm just wondering if anyone has had that conversation with him. Would you like me to do that? It looks like the ordinance was amended in 2022 so I'm not sure how the Council will feel about another amendment or even if they are interested in an amendment. He cannot get a variance for this because this is a use and not a performance standard. We do need to get a complete/incomplete letter out to the applicant. Even if he did not make the payment yet, we still have to respond to his written application on an official form. We have until March 6th to do this. (15 business days from date of application) Let me know your thoughts on how to proceed. Thanks! I'm happy to pass on the information to the applicant. Also, I got your voice mail about the Yacht Club. I will try and chat with you next week on that issue. Have a good weekend! Sec. 42-280. Interim uses. The following is the interim use in an R-1 district(requires an interim use permit based upon procedures set for in and regulated by article IV,division 4): (1) Short-term rental. Short-term rentals constitute a commercial use of residential property,which may conflict with the fundamental character of residential zoning districts.To ensure there is no disruption to the fundamental character of residential zoning districts an interim use permit for short-term rentals meeting all the following conditions is required is to ensure the public health,safety,and welfare of its citizens. a. Lot requirements. i 1. The lot must be located adjacent to or across the street from a commercially zoned district. 2. The lot must be abutting an arterial street as defined in the Spring Park Comprehensive Plan. b. Conditions required to maintain interim use permit. 1. No physical alterations. No physical alterations of a primary residence shall be permitted in conjunction with the operation of a short-term rental dwelling unit,except that additional onsite parking may be provided,to the extent that such parking is otherwise permitted by the applicable provisions of the city code. 2. Building code/property maintenance compliance. All dwellings pursuing an interim use permit for short-term rental shall be in compliance with all applicable city building codes and the city's fire and property maintenance codes. Inspection and verification of code compliance by the city building inspector shall be required. 3. Nontransferable. Interim use permits issued under this section are nontransferable. Each interim use permit shall automatically terminate upon the sale or other conveyance of the property upon which the short-term rental is located, unless otherwise authorized by the city council. 4. Number of bedrooms. Each interim use permit shall indicate the number of bedrooms which are contained in the primary residence. No interim use permit holder shall advertise the primary residence as containing any more than the identified number of bedrooms. 5. Limit on the number of guests.The maximum number of transient guests permitted to stay within a short- term rental dwelling unit at any one time shall be the sum of the number of bedrooms contained in the primary residence multiplied by two, up to a maximum of ten.Such sum shall include both adults and children. 6. Signage. No commercial signage is allowed on the property of any short-term rental dwelling unit. 7. Events. Events are not allowed to be hosted by transient guests on short-term property. For purposes of this prohibition,an event shall mean a gathering on the property of the total number of people permitted to stay on the premises plus five. Events hosted by the owner are exempt from this prohibition, but must otherwise abide by state and local law and policies. 8. Parking.A property with a short-term rental dwelling unit shall provide a minimum of two off-street parking stalls for transient guests.The maximum number of vehicles allowed at the property shall be limited to the number of off-street parking spaces provided.To be valid,off-street parking shall meet any applicable requirements set forth in the city code. 9. Occupant eligibility.The primary overnight and daytime occupant of a short-term rental dwelling unit must be an adult 18 years of age or older.This adult must provide a telephone number to the owner and shall be accessible to the owner by telephone at all times. 10. House number visible. Property containing a short-term dwelling unit must have a visible house number that can be easily seen from the street at all times. Lori Johnson ,AICP Sr. Professional Community Planner 612.364.3029(o) WSB I wsbeng.com Wsb, For a list of WSB employee licenses and certifications visit here. This email,and any files transmitted with it,is confidential and is intended solely for the use of the addressee. If you are not the addressee,please delete this email from your system.Any use of this email by unintended recipients is strictly prohibited. WSB does not accept liability for any errors or omissions which arise as a result of electronic transmission.If verification is required,please request a hard copy. 2 • February 10, 2023 To the City of Spring Park City Council and Mayor Jerry Rockvam: Re: Application for an Interim Use Permit at 3884 Sunset Drive Dear Honorable Mayor Rockvam and Members of the City Council, My name is Matthew Thorson. I live at 3882 Sunset Drive and am the owner of the adjacent property at 3884 Sunset Drive. I have lived in the Lake Minnetonka area since 2017 and have been in Minnesota since 2007. 1 own a private practice medical clinic in Minneapolis. I purchased the property at 3884/3882 last Spring and immediately went to work on cleaning up/fixing up both homes and surrounding property. I have met many of the neighbors and have been very much welcomed into the community. One of the reasons I purchased the property was to have the ability to rent out the 3884 home to help supplement the cost of living on the lake. It truly is a privilege to be able to wake up every day looking out on the waters of Lake Minnetonka. I am asking for an Interim Use Permit to be able to offer shorter than 30-day rentals at the 3884 home, which I have named Patriot's Cove. I have spent considerable time and capital to improve the property • so it can be safe, secure, and hospitable for families to enjoy a week or two in the home. So far I have welcomed an older couple from Louisiana whose son was recovering from cancer surgery at the Mayo clinic, I have welcomed a young mother and her two kids for two separate 3 week stays, and my neighbor has been there a month as his home is being renovated. I feel the property allows families to enjoy Lake Minnetonka living in a safe and respectful manner that fits with the neighborhood vibe. I live on the property and would not allow loud parties or events to occur as this would not only disrupt my neighbor's quite enjoyment of the lake but mine as well. There is precedent of another property being allowed an Interim Use Permit for similar purposes at 3946 Shoreline Drive.The city is considering a new Hotel/restaurant at the Yacht Club, and I am exactly halfway between major commercial properties of Rockvam Boat Yard and Lord Fletcher's, plus I am directly on a major artery, Sunset Drive. I feel that my application meets the not only the criteria for an Interim Use Permit but also the spirit of the Spring Park Zoning Code. Thank y u f y r time, Matthew G.Thorson, MD 0 Application No. tf — LUA ON .t" orlo CITY OF SPRING PARK GENERAL LAND USE APPLICATION 4SOPRING PARK On Gabe`ilinrtetn,10 APPLICATION TYPE: ❑ Ordinance Amendment ❑Variance Request `�nterim Use Permit Request ❑ Conditional Use Permit ❑ Rezoning Request ❑ Site & Building Plan Review ❑Administrative Permit ❑ Other(please specify below) PROPERTY INFORMATION Property Identification Number(PID): — 1 Zi — Z 3 2— _ o U c/ Street Address: � U /� C 4 T /, Legal Description: 1 0 & U PA � /K (emu�r /lam/�v�H . �6,, f�.` L o Other Information: S E 6 o k 3 - 2X:2 To ENS APPLICANT INFORMATION _ Applicant Name Phone Aj .3 Business Name City [ State Zip Code _ Z-� o Ir S�lit a. Business Address E-mail Address (,/(/ Name/Title Contact Person Cell Phone#For Contact Person PROPERTY OWNER INFORMATION (if different than applicant) — Scc_ rk -e Owner's Name Phone Business Name City State Zip Code Business Address E-mail Address Name/Title Contact Person Cell Phone# For Contact Person DESCRIPTION OF REQUEST Existing Use of Property: I e*i — ZC42 at,., _ w • City of Spring Park-4349 Warren Avenue,Spring Park,MN 55384 Phone: (952) 471-9051 / Fax: (952) 471-9160 /Web:www.ci.spring-park.mn.us �ature of Proposed Use: o P Reason to Approve Request: O Iv/n P P vfs 42- c ,r,r„-4W r-z-1 ,-c l e-7I-P �.. "I / tiTts6 -c v PLC.• /� 2 // �O H O e N/s awe. ✓rs//'1 0 11 ! .� rr __// � !2 u �J r (� t4 eST:�, �'"'`^{�• (v � G/µr�a L�iw�µ-tSU �O �}�eVr'Z /� PrtrT!�/ Lvt(1 (/G Vr �� VPlease describe any previous applications pertaining to the subject site: � �.S -r �— Project Name: c_- Date of Application: 2— 1�� y Z APPLICATION FEES&EXPENSES: The undersigned has paid the application fees and posted the required escrows for this application. The undersigned agrees to pay all expenses incurred by the City of Spring Park for review and processing of this application,including expenses for legal, 0.lanning, engineering, administrative and/or other professional services. If these expenses exceed the application fee paid and the posted escrows, the undersigned understands and agrees that it is the responsibility of the applicant and property owner to pay such expenses in full within 30 days of the date of the bill from the City. If the City does not receive payment in full within 30 days of the date of the bill,the City may approve a special assessment against the property for the full amount of such unpaid expenses and the property owner specifically agrees to waive all appeals under Minnesota Statutes 429.82. All fees and expenses are payable in full whether the application is approved or denied. Escrow funds received in excess of the City's expenses for review and processing of the application will be returned to the applicant/property owner. I,the undersigned,hereby apply for the considerations described above and declare that the information and materials submitted in support of this application are in compliance with adopted City policy, code, and ordinance requirements and are complete to the best of my knowledge. I understand that this application will be processed in accordance with the established City review procedures and Minnesota Statutes Section 15.99,as amended,supplemented,or replaced from time to time,at such time as it is determined to be complete. Pursuant to Minnesota Statutes Section 15.99,as amended,supplemented or replaced from time to time,the City will notify the applicant within 15 business days from the filing date of any incomplete or other information necessary to complete the application. Failure on my part to supply all necessary information as requested by the City may be cause for denial of this application. A complete application shall include a completed and signed application form,payment of all required fees and escrows,and a complete plan submission for the specific application. The undersigned, an applicant for a permit under the rules and regulations of the City of Spring Park, understands and consents to the release and use of private or confidential data,as described above. •I acknowledge and grant permission to any City staff members, city consultants, council,or planning commission members to access the property named in this application at any time during the application process in order to view, evaluate and understand this request. 11,12 11-4 h 12- Applicant Printed Name: f �"� o r�� Date: Z �roperty Owner: (For office use only) Date application received: I� Property owner permission? Yes No Fee Amount: Receipt/Check#: Sample written notice to prop.owners? Yes No Escrow Amount: Receipt/Check#: Certificate of Insurance? Yes No Orono Police Dept Approval? Yes No Severe Weather/Emergency Plan? Yes No By: Date: Alcohol Security Plan? Yes No Mound Fire Dept Approval? Yes No Master Site Plan? Yes No By: Date: Additional permits? Yes No City Staff Recommendation? Yes No Food truck? Yes No By: Date: Temporary sign? Yes No •City Council Approval? Yes No Building permit? Yes No Additional conditions attached? Yes No MFD—tent,fireworks,rec.fire? Yes No Permit#: Date: HC/LMCD/Three Rivers? Yes No Comments: • 2/3/23, 1:53 PM Spring Park,MN Code of Ordinances Sec. 42-280. - Interim uses. The following is the interim use in an R-1 district (requires an interim use permit based upon procedures set for in and regulated by article IV, division 4): (1) Short-term rental. Short-term rentals constitute a commercial use of residential property, which may conflict with the fundamental character of residential zoning districts. To ensure there is no disruption to the fundamental character of residential zoning districts an interim use permit for short-term rentals meeting all the following conditions is required is to ensure the public health, safety, and welfare of its citizens. a. Lot requirements. 1. The lot must be located adjacent to or across the street from a commercially zoned district. 2. The lot must be abutting an arterial street as defined in the Spring Park Comprehensive Plan. b. Conditions required to maintain interim use permit. 1. No physical alterations. No physical alterations of a primary residence shall be permitted in conjunction with the operation of a short-term rental dwelling unit, except that additional onsite parking may be provided, to the extent that such parking is otherwise permitted by the applicable provisions of the city code. 2. Building code/property maintenance compliance. All dwellings pursuing an interim use permit for short-term rental shall be in compliance with all applicable city building codes and the city's fire and property maintenance codes. Inspection and verification of code compliance by the city building inspector shall be required. 3. Nontransferable. Interim use permits issued under this section are nontransferable. Each interim use permit shall automatically terminate upon the sale or other conveyance of the property upon which the short-term rental is located, unless otherwise authorized by the city council. 4. Number of bedrooms. Each interim use permit shall indicate the number of bedrooms which are contained in the primary residence. No interim use permit holder shall advertise the primary residence as containing any more than the identified number of bedrooms. 5. Limit on the number ofguests.The maximum number of transient guests permitted to stay within a short-term rental dwelling unit at any one time shall be the sum of the • number of bedrooms contained in the primary residence multiplied by two, up to a maximum of ten. Such sum shall include both adults and children. 6. about:blank 1/2 2/3/23, 1:53 PM Spring Park,MN Code of Ordinances Signage. No commercial signage is allowed on the property of any short-term rental dwelling unit. 7. Events. Events are not allowed to be hosted by transient guests on short-term property. For purposes of this prohibition, an event shall mean a gathering on the I. property of the total number of people permitted to stay on the premises plus five. Events hosted by the owner are exempt from this prohibition, but must otherwise abide by state and local law and policies. 8. Parking. A property with a short-term rental dwelling unit shall provide a minimum of two off-street parking stalls for transient guests. The maximum number of vehicles allowed at the property shall be limited to the number of off-street parking spaces provided. To be valid, off-street parking shall meet any applicable requirements set forth in the city code. 9. Occupant eligibility.The primary overnight and daytime occupant of a short-term rental dwelling unit must be an adult 18 years of age or older. This adult must provide a telephone number to the owner and shall be accessible to the owner by telephone at all times. 10. House number visible. Property containing a short-term dwelling unit must have a visible house number that can be easily seen from the street at all times. (Ord. No. 20-04 , § 4, 12-21-2020; Ord. No. 22-01 , § 1, 4-4-2022) about:blank 2/2 Hennepin County Property Map Date.- 2/3/2023 n M F } f y 4 M x. x S -y. f , 40, 1 inch = 100 feet PARCEL ID: 1711723320019 Comments: OWNER NAME: Matthew G Thorson PARCEL ADDRESS: 3884 Sunset Dr,Spring Park MN 55384 PARCEL AREA: 0.5 acres, 21,618 sq ft A-T-B: Torrens SALE PRICE: $1,261,000 SALE DATE: 05/2022 SALE CODE: Warranty Deed This data(i)is furnished'As Is'with no representation as to completeness or ASSESSED 2021, PAYABLE 2022 accuracy;(ii)is furnished with no warranty of any kind;and(iii)is not suitable PROPERTY TYPE: Residential for legal,engineering or surveying purposes. HOMESTEAD: Homestead Hennepin County shall not be liable for any MARKET VALUE: $791,000 damage,injury or loss resulting from this data. • TAX TOTAL: $9,203.84 COPYRIGHT©HENNEPIN ASSESSED 2022, PAYABLE 2023 COUNTY 2023 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $1,049,000 2/3/23, 11:46 AM printdetails.jsp Parcel Data for Taxes Payable 2022 Property ID number: 17-117-23-32-0019 �Address: 3884 SUNSET DR Municipality: SPRING PARK School district: 277 Watershed: 3 Sewer district Construction year: 1978 Owner name: MATTHEW G THORSON Taxpayer name&address: MATTHEW G THORSON 3884 SUNSET DR SPRING PARK MN 55384 Sales information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. Sale date: May,2022 Sale price: $1,261.000 Transaction type: Warranty Deed Tax parcel description The following is the County Auditor's description of this tax parcel.It may not be the legal description on the most recent conveyance document recording ownership.Please refer to the legal description of this property on the public record when preparing legal documents for recording Addition name: TOGO PARK LAKE MINNETONKA Lot: 015 Block: Approximate parcel size: SE60X342X7OX379 •Metes&Bounds:Common abbreviations Abstract or Torrens: TORRENS Value and tax summary for taxes payable 2022 Values established by assessor as of January 2,2021 Estimated market value: $791,000 Taxable market value: $791,000 Total improvement amount: Total net tax: $9,203.84 Total special assessments: Solid waste fee: Total Tax: $9,203.84 Property information detail for taxes payable 2022 Values established by assessor as of January 2,2021 Values: Land market: $671,000 Building market: $120,000 Machinery market: Total market: $791,000 Qualifying improvements: Veterans exclusion: Homestead market value exclusion: Classifications: Property type: RESIDENTIAL • Homestead status: HOMESTEAD Relative homestead: Agricultural Exempt status: https://wwwl6.co.hennepin.mn.us/pins/printdetails.jsp?pid=1711723320019 1/1