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09.b Draft minutes 08-01-2023 Planning Commission August 1, 2023 The Scandia Planning Commission held their regular monthly meeting on the above date. The meeting was conducted in-person and virtually over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Chair Travis Loeffler called the meeting to order at 7:04 p.m. The following were in attendance: Commissioners Laszlo Fodor, Jan Hogle, Kirsten Libby, Travis Loeffler and Perry Rynders. Staff present: City Planner TJ Hofer, City Administrator Kyle Morell, and City Clerk Brenda Eklund. City Council member Steve Kronmiller was also present. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Hogle, second by Fodor, moved to approve the agenda as presented. Motion carried unanimously. Hogle, second by Fodor, moved to approve the July 11, 2023 minutes as presented. Motion carried unanimously. Chair Loeffler announced that the Bruggeman Variance application that had been scheduled for a public hearing was withdrawn. PUBLIC HEARING: REZONING AND CONDITIONAL USE PERMIT FOR 19690 MAXWILL AVE N. STEVE AND TERRI MUNSON, APPLICANTS Applicants Steve and Terri Munson are requesting approval for a rezoning of Parcel ID 29.032.20.14.0011 from Rural Residential – General to Rural Residential – Neighborhood and a Conditional Use Permit to allow for an accessory structure to increase the total number and square footage permitted based on the combined lot size of 2.67 acres. The property is within the shoreland of Big Marine Lake. Planner Hofer summarized the staff report with details of the request. The applicants are proposing to combine their 3 separate lots at 19690 Maxwill Avenue North. Property ID 29.032.20.14.0011 is currently zoned RR- G, and proposed to be rezoned to RR- N to match the zoning of the other 2 lots. Once combined the lots will be conforming. The UDC allows an accessory structure between the principal structure and the street in the RR-N district. The site plan shows placement of the accessory structure towards Maxwill Avenue with required setbacks being met. The UDC allows for one accessory structure and 1,500 square feet in size for parcels between 1 and 2.99 acres. The UDC allows flexibility of one additional structure and up to 25% total square footage from these standards with a CUP. The applicants are proposing to build a 1,296 square feet detached structure, and have one existing structure of 390 square feet. The total square footage of 1,686 is under the 25% allowance. Scandia Planning Commission August 1, 2023 Page 2 of 5 The remaining foundation of an old cabin is located approximately 32 feet from the ordinary high-water level. The Watershed recommends a condition to ensure a future structure is not replaced here. Planner Hofer concluded the request meets the criteria of the CUP standards of the UDC, and presented a recommendation of approval with findings and conditions. Chair Loeffler asked to clarify the Watershed request. Hofer explained that the Watershed is asking the old foundation to either be removed or not allowed to be replaced. Rynders, second by Libby moved to open the public hearing at 7:14 p.m. Motion carried 5- 0. No comments were made. Rynders, second by Libby, moved to close the public hearing at 7:14 p.m. Motion carried 5- 0. Commissioner Hogle said the request makes sense given the 2 lots are landlocked, under the same ownership, and makes the property conforming. Hogle said the location of the additional structure makes sense with no problems or concerns. Commissioners stated their agreement with Commissioner Hogle. Chair Loeffler asked for a review of the conditions of approval. It was noted that the rezoning is not in conflict with the Comp Plan. A condition of the CUP states that the lots must be combined prior to a building permit being issued, and that the concrete slab shall not be replaced or expanded. Applicant Munson addressed the Commission and asked about the timing of the lot combination. Munson said this will not be until October 15th when the property taxes are paid by the mortgage escrow, and he plans to start construction in the next month. Planner Hofer advised keeping this condition to combine the lots as enforcement for this condition. If not combined, the CUP would need to be revoked and the building removed. Chair Loeffler recommended this condition as written, and advised Munson to work with his bank to pay the property taxes before October 15th, or to appeal to the council in two weeks. Commissioner Rynders asked about the existing older well on the property that is not capped; is this a concern for the city and should this be made a condition of approval? Planner Hofer said wells are regulated by the state department of health; it could fall under condition 5, but he cannot speak to this regulatory standard. Administrator Morell said this may not be a consequence directly related to the CUP, but staff will explore this for the Council’s report. Rynders, second by Hogle, moved to recommend to the City Council approval for rezoning PID 29.032.20.14.0011 and a CUP for an increased number and total square footage of Scandia Planning Commission August 1, 2023 Page 3 of 5 accessory structures at 19690 Maxwill Avenue as recommended by staff. Motion carried 5- 0 by roll call vote. The recommendation of approval will be presented to the City Council at their meeting on August 15th. GENERAL BUSINESS Concept review for Variance at 12120 196th Street Last month, property owners Parviz & Elizabeth Bahrami at 12120 196th Street requested feedback on a concept plan that would require a variance to replace a non-conforming cabin. They returned for additional review of a more detailed concept plan for their seasonal residence and driveway. They explained that the structure will not be expanding towards the lake but with an expanded width of 12’ and will meet side yard setbacks. The structure will maintain a setback from the lake of 52.9’ at its closest point. The ordinance requires a setback of 100’ from the Ordinary High-Water Level. Planner Hofer said this concept plan shows the location has increased the amount of space within the buildable area as compared to the earlier concept plan. Commissioner Rynders said he has less issues with this site plan, but it shows no improvements from the lake setback. Staff clarified that decks can infringe up to 4 feet into the side yard setback. The Bahrami’s said that the existing gazebo that is 35.2 feet from the OHWL is staying. Planner Hofer explained that the septic on the southwest side of the lot is hindering placement of the structure further from the lake. Mr. Bahrami said the neighbors are in favor of improving the site with plans for a modest cabin. They plan to tear down the existing cabin and install a new foundation. The septic tank is a type being pumped, with no drainfield. Commissioner Rynders asked if they can move the cabin further away from the lake? Mr. Bahrami said the neighbors are much closer, and the septic tank needs a buffer from the driveway. Chair Loeffler asked if there was a concession to remove the existing gazebo, what are their feelings about this? The Bahrami’s said they would love to keep it, as it is well built and attractive and used for storing water toys. Commissioner Rynders said he is struggling with the issue that there are no improvements being made to the lake setback nonconformity, and suggested the structure move back 5 feet towards the road to bring into more conformity than it currently is. Planner Hofer said he and Tom Langer from the Watershed visited the site. The Watershed will require a shoreland buffer to include native vegetation, and a raingarden between the structure and the lake. Hofer said the applicants are not at the point of applying for a Watershed permit yet until see what chances of approval they may have for a variance. Chair Loeffler summarized that they are suggesting some give and take for this proposal. Scandia Planning Commission August 1, 2023 Page 4 of 5 Commissioner Hogle said she agrees, and that is her concern as well, saying they are just asking for a few feet to make an improvement. Hogle explained that if there is an opportunity at any time to make an improvement on the distance from the lake, we try to get that. Review on Keeping of Domestic Fowl At their July 11th meeting, the Commission directed staff to discuss how the Unified Development Code addresses the keeping of domestic fowl. Planner Hofer provided his analysis in a staff report. Planner Hofer explained that the UDC currently allows the keeping of domestic fowl through two land uses “Keeping of Animals” and “Livestock and Livestock Operations” (Livestock). Keeping of Animals is allowed as an accessory use within all zoning districts, whereas Livestock are allowed only in the A-P, AG-C, and RR-G districts. Standards for Keeping of Animals are minimal when compared to Livestock standards. When this issue was previously discussed, staff was evaluating the request based on the Livestock use as the “Domestic Fowl on Lots Smaller than Five Acres” standards. After further reviewing the code, Planner Hofer believes that this section was included in error under the Livestock use and should be located as a standard under the Keeping of Animals use. A definition change will be required as well. Staff asked for direction on potential amendments. Chair Loeffler said the intention is to allow residents to have chickens, and requested staff pursue the necessary amendments. Planner Hofer referenced the table of setbacks for accessory structures used for animals. The structures must be 200 feet from wetland, lake or stream, and 100 feet from a property line. Hofer said there is validity to this standard, but intensity for domestic farm animals should factor in. Hofer said he can research what other communities do, for a potential exception for fowl. Commissioner Fodor asked about beehives. Planner Hofer said beehives are in the definition of farm animals, so this setback would apply also; however, bees and chickens are lower impact. Review of Riparian Lot Definitions At their July 11th meeting, the Commission asked for discussion on how riparian lots are defined. Planner Hofer provided his analysis in a staff report. Planner Hofer described the technicalities of the development code for certain elements of riparian lots, and concluded that that an amendment to the definition of rear yard could alleviate the complications with enforcing some parts of the code. Effects of a riparian having two front yards and no rear yard hinders placement of accessory structures, exterior storage and ADU’s. Commissioners were in consensus to simplify the definition language to meet the intent of the code. Staff will research and return with a recommendation for an amendment to the UDC. Scandia Planning Commission August 1, 2023 Page 5 of 5 CITY COUNCIL UPDATES At their July 18th meeting, the City Council approved the minor subdivision for Taylor Addition, with a condition for an encroachment agreement with the property owner in place of improving the road to engineering standards. FUTURE ITEMS: Next meeting – September 5, 2023 Variances and a development code amendment regarding signs are scheduled for public hearings at the next meeting. ADJOURNMENT Libby, second by Hogle, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:12 p.m. Respectfully submitted, Brenda Eklund City Clerk