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09.b Draft minutes 09-05-2023 Planning Commission September 5, 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 6:00 p.m. The following were in attendance: Commissioners Jan Hogle, Kirsten Libby, Travis Loeffler and Perry Rynders. Absent: Commissioner Laszlo Fodor. Staff present: City Planner TJ Hofer, City Administrator Kyle Morell, and City Clerk Brenda Eklund. City Council member liaison Steve Kronmiller was also present. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Rynders, second by Hogle, moved to approve the agenda as presented. Motion carried unanimously. Hogle, second by Rynders, moved to approve the August 1, 2023 minutes as presented. Motion carried unanimously. PUBLIC HEARING: VARIANCE AT 18884 LAYTON AVENUE. JOSEPH & KATHERINE REINHARDT, APPLICANTS Joseph and Katherine Reinhardt are seeking an after-the-fact variance from the required wetland setback for a driveway that they constructed in 2017 to gain access from Langly Avenue to the rear of their 1.38-acre property at 18884 Layton Avenue. The driveway was constructed through a protected wetland, and the applicants did not seek or receive a driveway, grading or wetland permit prior to the driveway construction which filled 4,608 square feet of a protected wetland. The same after-the-fact variance was granted for the driveway in 2018, but the variance expired without the conditions of approval being met. Planner Hofer explained the conditions of the approved variance from 2018 to combine the five separate lots into one legal parcel which was not met; non-conforming parcels within shoreland are required to be combined when developed. Due to the violations that have occurred regarding the driveway, the DNR is holding a lien on the property. Planner Hofer explained the applicants’ rationale that this access is needed to their septic system and accessory structures. Planner Hofer analyzed the criteria from the development code for approving a variance and determined the standards were not met with this application. An alternative access to the area is available to avoid the wetland without a variance. The request is inconsistent with UDC and Comprehensive Plan to protect natural resources. Hofer presented two alternative recommendations, one with findings and conditions of approval; however staff recommended denial with findings. Scandia Planning Commission September 5, 2023 Page 2 of 10 Chair Loeffler asked Planner Hofer to explain the criteria and staff findings. Hofer stated that the proposed use is not a reasonable use of property, the plight is caused by the landowner, a practical difficulty does not exist, and the requested variance is not the minimum action required to provide access to the septic system and Langly parcels. Hofer also summarized the feedback from the wetland agency and the Watershed. The applicant needs to resubmit and fulfill the wetland mitigation requirements to WCA. Rynders, second by Hogle, moved to open the public hearing at 6:19 p.m. Motion carried 4- 0. Craig Pittman, Layton Avenue: Said he lives four doors down from property and near the access, and that he represents the neighbors, who are opposed to approval of the variance for several reasons. The applicant parks vehicles on Layton Avenue that are a nuisance in restricting travel along the roadway; he is accumulating more vehicles, including numerous motor homes and boat trailers being parked on the shoulder. Pittman said this is safety factor for the neighborhood. Said the neighborhood is concerned this parking could grow onto Langly Avenue if the variance is approved. Said Reinhardt is pushing snow into a wetland across Langly with gravel and debris that drains to the lake. Said he is pumping the wetlands in the spring to drain water off the illegal driveway. Pittman said they have concern for the lake quality. Pittman said Reinhardt continues to bring fill into the back of the lot and is accumulating a growing number of inoperable vehicles in the back, making it look like a junkyard having vehicles and debris along the backside of Langly. Pittman said he has pictures of diesel fuel spillage from the tractors. Pittman said if the variance is approved, there should be strict contingencies on what can be on the property. Dick Bohrer, Layton Avenue: Said he agrees with Pittman. Asked if Reinhardt combined the lots to apply for a variance? Chair Loeffler said the separate lots have not been combined. Sharon Bohrer, Layton Avenue: Said that she told Reinhardt he had to get a permit when constructing the access, but Reinhardt said that he gets by without doing the right things. Bohrer said he pushes buttons until he gets his way, and she receives constant harassment from him. Applicant Katie Reinhardt, Layton Avenue: Said they have multiple files and legal maps to explain that their access is being taken away; they have gone above and beyond to deal with this. Said their family doesn’t deserve having more taken away from them by the city. Reinhardt said the staff report is inaccurate, and that their application was altered without their consent and permission. Chair Loeffler explained that the variance narrative from 2018 was added to this application request in order to provide greater clarity. City Administrator Morell added that Mr. Reinhardt was told this when the variance application was brought in. Morell said that staff consulted with the City Prosecutor, with no concerns for this. Ms. Reinhardt said that false information is being provided – there were no wetlands on the property when purchased, saying they have printed maps from Washington County showing no wetlands. Said that no agencies can tell them when the wetland was manufactured. Chair Loeffler said wetlands do appear as nature and water changes, and plant life is evidence of a wetland nature; wetlands do change over time. Loeffler said that indicative plant life was observed at the site visit in 2018. Reinhardt said they did extensive research on their property Scandia Planning Commission September 5, 2023 Page 3 of 10 when it was purchased and a wetland was not present. She said it’s frustrating that they have helped out the neighbors, and now the neighborhood is harassing the Reinhardt’s. She said they want to use the property as it is platted. She said they have tried to work this out with staff over the years, and it’s time to advocate to staff on morals and ethics about what is right and wrong – the city is taking something from our family that we purchased. They are asking to use the property as platted, and did what they told was possible from a past administrator. Chair Loeffler noted that himself, Hogle and Rynders were also involved in the 2018 variance request and are providing consistency to this request. In 2018, the Planning Commission denied the variance request, but the City Council approved it with conditions. Tom Mattox, Layton Avenue: Questioned that if wetlands are not allowed to be filled or have structures on it, how can he use his property to develop it? Chair Loeffler directed him to check with the Watershed District. There were no further public comments. Rynders, second by Hogle, moved to close the public hearing at 6:39 p.m. Motion carried 4- 0. Commissioner Rynders said he concurs with denial. Rynders asked staff to clarify the application. City Administrator Morell explained that more information was needed on the application, and the applicants were told that staff would use the prior narrative from 2018. However, this was not sent to the applicant to review prior to meeting. Planner Hofer stated that the applicant was provided the variance narrative in August. Commissioner Hogle said she remembers cattails were present at the site in 2018. Commissioner Rynders said he recalls from 2018 discussion about other accesses, and that the septic tanks were hindering an alternative. Rynders said that today’s site visit shows they are being accessed from the other side, and appears to be the case today. Commissioner Libby asked if they recommend approval with conditions as similar as before, will there be anything the applicant can do to meet the conditions? Commissioner Hogle asked if any conditions were met with the City’s previous approval? Planner Hofer replied that not to his knowledge, but a wetland application may have been made. Commissioner Libby explained that a property tax combination differs from a deed combination. A legal description on a title is one parcel, but can be separate for tax purposes. Chair Loeffler said that on the site visit he observed wetland plant life, and that the driveway exists as he remembers it from 2018. Loeffler said he has no change to his opinion to deny the variance again. Scandia Planning Commission September 5, 2023 Page 4 of 10 Commissioner Libby said rules were different in 2018; engineering standards have changed and a property can get multiple accesses. Commissioner Hogle said this was not the discussion at the time; it was the wetland fill that violated the rules. Rynders, second by Hogle, moved to recommend to City Council to deny the after-the-fact variance to allow a driveway occupying a wetland for 18884 Layton Avenue North. Chair Loeffler asked Planner Hofer to review the findings in the denial resolution. Loeffler asked that if denied, where does the lot combination come in? Planner Hofer said this is state law, but he would have to consult with legal staff if able to impose this condition in a denial resolution. Motion carried 4-0 by a roll call vote. The recommendation to deny a variance for a wetland setback at 18884 Layton Avenue will be presented to the City Council on September 19th. PUBLIC HEARING: VARIANCE AT 12632 182ND STREET NORTH. DENNIS PALKERT, APPLICANT Dennis Palkert is requesting an after-the-fact variance for a patio that was constructed within the ordinary high-water setback from Big Marine Lake. The applicant was granted a variance from the city in 2020 to construct a new residence at 12632 182nd Street that allowed a 71.6’ lake setback for structures. However, during the development of the site, an additional patio was expanded beyond the approved site plan to a distance of 62.6’ from the OHWL. The applicant worked with the Watershed to remove a fire ring patio that was 14’ from the OHWL. Planner Hofer explained that the expansion of the patio increased encroachment into the OHWL by nine feet, to 62.6 feet. Hofer noted the conditions of the 2020 variance related to tree replacement and mitigation of removed trees. Staff worked with Mr. Palkert who also submitted a revised landscaping plan. Planner Hofer reviewed the criteria related to the approval of a variance and found the request inconsistent with the Unified Development Code and the 2040 Comprehensive Plan and recommended the variance be denied. The expansion of the patio does not meet the standards of a practical difficulty and is not consistent with the shoreland ordinance for increasing a nonconformity. The plight of the landowner is due to the property owner’s actions. Hofer recommended the applicant remove or reduce the patio to the approved setback from 2020. Hofer provided two alternatives, one being a resolution to approve with findings and conditions. Rynders, second by Hogle, moved to open the public hearing at 7:02 p.m. Motion carried 4- 0. Applicant Dennis Palkert: Explained that the lower patio is 3.4’ further than what was allowed. Said that he took ownership and removed the firepit and is working closely with the Watershed District to be in compliance with them. Palkert said he is asking to retain the extra 3’ of the patio. There were no further public comments. Scandia Planning Commission September 5, 2023 Page 5 of 10 Rynders, second by Hogle, moved to close the hearing at 7:05 p.m. Motion carried 4-0. Commissioner Libby asked for clarification of the encroachment. Planner Hofer said the survey shows a current setback of the lower patio at 62.6 feet, which is 9 feet more than approved in 2020. Mr. Palkert said he was referring to the hearing notice. Hofer said he is using the survey measurement, and the hearing notice could be inaccurate. Chair Loeffler asked about lot coverage with the additional patio. Planner Hofer noted impervious surface of 24.69% with the lower patio. If the variance is approved to retain the patio, Hofer stated that the Watershed will require a raingarden to capture runoff from a patio that wasn’t initially there. Chair Loeffler said the lower patio is entirely an add-on that encroaches into the lake an additional 9 feet. Commissioner Rynders said the originally approved variance was based on what they were going to do; he has added more and is encroaching more into the OHWL setback. Rynders said he would be okay to take off the nine feet as a compromise, but theoretically the whole patio was not allowed. Commissioner Libby asked how the larger patio came about. Staff explained it was on advice by the landscaper. Planner Hofer explained how the site can be brought into compliance. The City can deny the variance for a 62.6’ variance, then administratively permit the lower patio at a reduced size. Expansion of a non-conformity can be processed through an administrative permit, and the applicant may keep the patio at a distance to what was originally approved by removing that portion which exceeds the encroachment. Chair Loeffler said he doesn’t like the idea of more pervious area encroaching into the lake setback than what was approved, and is not entirely in favor of the lower patio. Rynders, second by Hogle, moved to recommend the City Council deny a variance for an expansion of a principal structure located at 12632 182nd Street. Motion carried 4-0 by roll call vote. The recommendation to deny a variance at 12632 182nd Street will be presented to the City Council on September 19th. PUBLIC HEARING: ZONING AMENDMENT (MAP), COMPREHENSIVE PLAN AMENDMENT (MAP), AND PLANNED UNIT DEVELOPMENT AT 21325 MEADOWBROOK AVENUE NORTH (REDEEMED FARM). JEFFREY GACEK, APPLICANT Jeffery Gacek is requesting a Comprehensive Plan Amendment from Agricultural Core to Rural Commercial, a zoning map amendment for one parcel from AG-C to RC, and a Planned Unit Scandia Planning Commission September 5, 2023 Page 6 of 10 Development (PUD) for multiple uses at 21325 Meadowbrook Avenue. The applicant wishes to pursue a liquor license so as to no longer need to rely on caterers to provide and sell alcohol for events at Redeemed Farm, a rural event facility. In the future, a restaurant will be allowed on the site under the PUD. Being designated as a restaurant allows Redeemed Farm to be granted a liquor license. A rezoning is needed to permit a restaurant as an allowed use in RC zoning. Planner Hofer reviewed the standards to rezone for a map and comprehensive plan amendment, and found the standards to be met. Hofer said the application also meets the criteria for a PUD as described in the staff report. The flexibility of a PUD permits more than one principal structure and use on a parcel of land. This parcel contains a single-family residence, an agricultural use (vineyard), a rural event facility, and a future restaurant. Hofer said he included the standards for a rural event center in the ordinance for zoning the parcel as a PUD. Hofer concluded with a recommendation of approval for the request. A draft resolution for the City Council was prepared approving an amendment to the Future Land Use Map in the 2040 Comp Plan, a draft ordinance amending the city’s zoning map to rezone the parcel from Ag-Core to Rural Commercial and PUD, and a draft resolution approving findings of fact for the rezoning. Rynders, second by Hogle, moved to open the public hearing at 7:39 p.m. Motion carried 4- 0. Curt Peterson, Meadowbrook Avenue: Said the event center was loud when it first started, but sound deadening has improved this. Said he is concerned that if approved for commercial zoning, what activities could occur -- a loud bar or strip joint? This is a rural residential area, and a quiet peaceful neighborhood is expected. Joanne Benick, 213th Street: How many lots could be rezoned, as Gacek owns two parcels. Staff explained that only the parcel that holds Redeemed Farm with the buildings would be rezoned; the other parcel to the north will remain Ag Core. Benick asked if sold, could this be a restaurant? Staff answered yes, it would be permitted as a restaurant under rural commercial zoning. Benick asked if the liquor license would be transferable to new owner? Staff answered that licenses are renewed annually, and a new owner would need to apply to the city. Benick asked about the Engineer’s comments on the street standards for Meadowbrook Avenue? The driveway entrance for two-way traffic is there. Benick asked if the parking lot size will increase? Staff said there are no proposed site plan changes to the property. Patti Peterson, Meadowbrook Ave: Asked if the zoning remains if the property owner sells in the future? Staff answered yes, the PUD and rezoning remain in perpetuity if ownership changes. Applicant Jeff Gacek, Meadowbrook Ave: Said that all we want to do is take the responsibility to serve alcohol for events, and would have to qualify as a restaurant for this license, which needs the property to be rezoned. Gacek said he has no intention of running a restaurant and will continue as an event center. A PUD is needed because we live on the property, and is a way for the city to restrict future use on the property. Gacek said he is open to any restrictions you want to place in the PUD for a restaurant. Gacek explained that a 2-lane driveway exists to conform to Scandia Planning Commission September 5, 2023 Page 7 of 10 the original CUP. Gacek concluded that he wants to be responsible and do the right thing, and is looking for approval for serving and overseeing consumption of alcohol for their events. City Administrator Morell clarified the definition from state statute that a liquor license requires the business serve food as a restaurant. It’s only appropriate to extend this condition as a restaurant classification to Redeemed Farm as it applies to the other event centers such as The Creamery and Rustic Roots. There were no further comments. Rynders, second by Hogle, moved to close hearing at 7:56 p.m. Motion carried 4-0. Commissioner Hogle said the applicant had a question about a condition in the CUP for security. Gacek said he offered to provide their own security when first approved for an IUP. When the operation changed to a CUP, a condition to use County deputies was added to the permit. Gacek said he would just like to have an option to use private security; not to remove the requirement but be treated as other rural event facilities are operating. Planner Hofer noted that the condition found on page 9 of the staff report could be amended. Commissioner Libby asked how were the conditions collected in the report? Planner Hofer explained based on standards for a PUD approval (operating conditions for the site) and by incorporating the original conditions from the CUP. Commissioner Libby said Redeemed Farm should be treated similarly as the other rural event centers. Commissioner Rynders said the proposal makes sense and that he supports it. Chair Loeffler questioned if there was another way other than to call it a restaurant, or to put in place restrictions to operate as a restaurant? Commissioner Libby said she would advise no to restrictions that could affect future uses. Libby said they shouldn’t put restrictions on a restaurant as that doesn’t make business sense. Planner Hofer said this definition is from the UDC, which is broad and provides options, but restricting usability of the site could have future unintended consequences. Hofer stated that no additions can be made to the site plan without a PUD amendment – this PUD is subject to a site plan with no other structures added and is the guiding document. Staff may require an accurate up-to-date site plan so to limit development to the existing; a future change requires a PUD amendment. Rynders, second by Hogle, moved to recommend to the City Council approval of an amendment to the Future Land Use Map from Ag Core to Rural Commercial for PID 16.032.20.31.0006. Motion carried 4-0 by roll call vote. Planner Hofer explained that if the amendment is approved by the City Council, the recommendation will go to the Met Council for their review. Scandia Planning Commission September 5, 2023 Page 8 of 10 Rynders, second by Hogle, moved to recommend to the City Council to approve an Ordinance amending the official zoning map to rezone PID 16.032.20.31.0006 from Ag- Core to Rural Commercial and Planned Unit Development with amendments to a condition for serving alcohol and security on site. Motion carried 4-0. Rynders, second by Hogle, moved to recommend to the City Council approval of the Findings of Fact for Rezoning PID 16.032.20.31.0006 with submittal of a site plan. Motion carried 4-0. The recommendation to approve zoning amendments will be presented to the City Council on September 19th. PUBLIC HEARING: AMENDMENT TO THE CITY’S UNIFIED DEVELOPMENT CODE REGARDING DEFINITIONS FOR PYLON/PEDESTAL SIGNS (SECTION 153.400.100) Planner Hofer explained that staff identified an error in the UDC adopted in 2022. Currently pylon/pedestal signs are allowed in Village and Business Districts, and prohibited in Agricultural and Rural Districts. The City Council recommended the Commission hold a public hearing to amend the code that would prohibit pylon/pedestal signs in all districts. Rynders, second by Hogle, moved to open the public hearing at 8:35 p.m. Motion carried 4- 0. There were no public comments. Rynders, second by Hogle, moved to close the public hearing. Motion carried 4-0. Chair Loeffler asked when an exception would be allowed as historically accurate? Planner Hofer said this language would give some flexibility if requested, and gave an example of a gas station. Loeffler, second by Rynders, moved to recommend to the City Council approval of the amendments to the UDC regarding pylon/pedestal signs. Motion carried 4-0 by roll call vote. PUBLIC HEARING: AMENDMENT TO THE CITY’S UNIFIED DEVELOPMENT CODE REGARDING LIVESTOCK, DOMESTIC FARM ANIMALS, DOMESTIC FOWL, AND OTHER STANDARDS IMPACTING THE USES (SECTION 153.300.020 AND 153.600.30) Planner Hofer explained the impact the current definition of livestock and operations as it related to a recent application, and the Commission asked staff to review the UDC for a clearer distinction for the keeping of poultry. Hofer said the proposed changes allow for correct identification of where domestic fowl and bee keeping may be allowed, both low intensity uses as compared to larger livestock. Hofer noted no changes to a 200’ setback for structures to house animals; however, exempted for poultry coops but must meet setbacks for property. The section Scandia Planning Commission September 5, 2023 Page 9 of 10 on keeping fowl on small acres was moved to the keeping of animals section. A revised definition closed a loophole for exotic animals. Rynders, second by Hogle, moved to open the public hearing at 8:45 p.m. Motion carried 4- 0. There were no public comments. Rynders, second by Hogle, moved to close the public hearing. Motion carried 4-0. Commissioner Libby asked if the beekeeping language is new? Planner Hofer said yes, based on ordinances from surrounding communities and beekeeping websites, but refined as he saw fit. Commissioner Libby said they should have expert input on this new language from a local beekeeper. Libby said she would be concerned a permit would be required if adopted and asked if this is necessary? Commissioner Hogle said this would be an unnecessary barrier. Planner Hofer recommended the Commission strike the bee keeping section and direct staff to investigate and research this further. Rynders, second by Libby, moved to amend the draft ordinance to remove the beekeeping section, and recommend the City Council adopt the amendments to the UDC regarding Domestic Farm Animals, Livestock, and Domestic Fowl Standards. Motion carried 4-0 by roll call vote. PUBLIC HEARING: AMENDMENT TO THE CITY’S UNIFIED DEVELOPMENT CODE REGARDING DEFINITIONS FOR YARDS AS THEY RELATE TO RIPARIAN LOTS (SECTION 153.600.020) Planner Hofer described the proposed amendments for the terminology and definitions for riparian lots, to state that riparian lots have front and rear yards. Rynders, second by Hogle, moved to open the public hearing at 8:58 p.m. Motion carried 4- 0. There were no public comments. Rynders, second by Hogle, moved to close the public hearing. Motion carried 4-0. Commissioners were in consensus on agreement to the amendments. Council member Kronmiller asked about front and rear lot line terminology. Planner Hofer said the issues around this amendment are more about the yard definition, and he sees no enforcement issues with the lot line and yard definitions. Rynders, second by Hogle, moved to recommend to the City Council approval of the UDC amendment regarding definitions for front and rear yard. Motion carried 4-0 by roll call vote. Scandia Planning Commission September 5, 2023 Page 10 of 10 PUBLIC HEARING: AMENDMENT TO THE CITY’S UNIFIED DEVELOPMENT CODE REGARDING VACATION OR SHORT-TERM RENTALS (SECTION 153.300.020 AND 153.300.030) Planner Hofer described an issue identified by the City Council in the Unified Development Code that requires an Interim Use Permit for vacation and short-term rentals. When the UDC was adopted in October 2022, this requirement likely created an unknown number of non- conformities in the city. Hofer presented a proposed amendment to allow vacation and short-term rentals in all districts other than I-P as a permitted use, and to strike the requirement for an IUP. Rynders, second by Hogle, moved to open the public hearing at 9:03 p.m. Motion carried 4- 0. There were no public comments. Rynders, second by Hogle, moved to close the public hearing. Motion carried 4-0. Chair Loeffler said this makes total sense. Planner Hofer said any issues related to vacation rentals can be handled with the city’s nuisance ordinance. Permits for IUPs require tracking and additional staff work, with methods to enforce the concerns already in place. Rynders, second by Hogle, moved to recommend to the City Council approval of the UDC amendment regarding short-term rentals. Motion carried 4-0 by roll call vote. The recommendations for amendments to UDC for signs, livestock, definitions for yards, and short-term rentals will be presented to the City Council on September 19th. CITY COUNCIL UPDATES At their August 15th meeting, the City Council approved a CUP and rezoning at 19690 Maxwill Avenue North, and discussed the density disagreement between the 2040 Comprehensive Plan and the Unified Development Code that sets inconsistent density standards in the Village Neighborhood Base Zoning District. FUTURE ITEMS: Next meeting – October 3, 2023 Public hearings will be scheduled for two variances and three CUP’s for distribution solar energy systems on one property. ADJOURNMENT Rynders, second by Hogle, moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 9:07 p.m. Respectfully submitted, Brenda Eklund, City Clerk