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08.b Draft minutes 10-03-2023 Planning Commission October 3, 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 7:00 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 liaison Steve Kronmiller was also present. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Commissioner Rynders added a discussion on implications of a variance and the applicant’s rights, under General Business 6.a. Rynders, second by Fodor, moved to approve the agenda as amended. Motion carried unanimously. Rynders, second by Hogle, moved to approve the September 5, 2023 minutes as presented. Motion carried unanimously. PUBLIC HEARING: VARIANCES AT 18650 NORELL AVENUE NORTH TO CONSTRUCT A SINGLE-FAMILY DWELLING ON A NONCONFORMING LOT AND FROM THE SETBACKS FOR THE ORDINARY HIGH-WATER LEVEL AND FRONT YARD. THERESA DECKER, APPLICANT Theresa Decker is proposing to construct a single-family dwelling on vacant property recently purchased at 18650 Norell Avenue North. The two separate parcels total 0.69 acres and are zoned Rural Residential Neighborhood (RR-N) and are within the Shoreland Management Overlay (SM-O) of Big Marine Lake. The applicant is requesting variances from the Ordinary High-Water Level setback and from the front property line for the 3-bedroom home with attached 3-car garage. Planner Hofer presented the staff report with a detailed analysis of the request, described in a table: RR-N SM-O Proposed Conditions Minimum Lot Size (ac.) 0.92 2.5 0.69 (Existing Lot of Record) Buildable Area (ac.) 1.00 N/A ~ 0.01 Minimum Lot Width (ft.) 150 160 134.13 Lot Frontage (ft.) 100 N/A 134.13 Setbacks (ft.) Front 40 N/A 19.98 Side 10 N/A 20.01 OHWL 100 100 50.97 Maximum Lot Coverage 25% 25% 25.00% Scandia Planning Commission October 3, 2023 Page 2 of 8 Planner Hofer explained that the lots together are legally nonconforming due to lot size, buildable area, lot frontage, and minimum lot width. The OHWL setback and front setback overlap over a large amount of the site area, resulting in 397.43 square feet of buildable area. Hofer said it would be nearly impossible to build any type of dwelling without a variance. The Watershed had concerns about buffer requirements and that the proposal will require a Watershed variance. Planner Hofer stated that the applicant submitted an updated site plan on September 29, 2023, that shows an accessory structure on the lot that is proposed to be relocated. Relocating this existing nonconforming structure requires an additional variance from the lake setback as the original request and public hearing did not include any information about an accessory structure. Without a variance, the structure must be removed. Planner Hofer reviewed the seven standards for when the City shall approve a variance. Development of the lot is not directly due to circumstances created by the property owner. The lots were previously owned by a property owner that owns other nonconforming lots within the area. The lots should not have been sold separately from the other nonconforming lots. Hofer found the other six standards to be met and stated that staff recommends approval of the proposed variance with findings. Hofer provided conditions of approval for the request. Conditions included that no other structures other than the proposed single-family dwelling are approved, receive a permit from and be in compliance with the standards of the Carnelian-Marine-St. Croix Watershed District, obtain grading and driveway permits, dedicate a five-foot drainage and utility easement along the entire eastern property line to allow for private utilities to be located within that area, and connect to the Anderson/Erickson Sewer System. Rynders, second by Hogle, moved to open the public hearing at 7:15 p.m. Motion carried 5- 0. There were no comments from the public. Rynders, second by Hogle, moved to close the public hearing. Motion carried 5-0. Chair Loeffler summarized the site visit at which the Commissioners saw where the house will sit, observed the OHWL, and identified the city right-of-way. Loeffler said it was confirmed that the footprint will be 69’x55’, a total of 3,795 square feet. Commissioner Rynders said he generally agrees with staff recommendations, but a smaller structure would need a lesser variance. Rynders said he has concerns about the size of the house. Commissioner Hogle said she agrees with this concern; for properties around the lake, the idea of a house and the idea of the property do not always match. Hogle said a lake lot has limitations as to what size house can be built. Scandia Planning Commission October 3, 2023 Page 3 of 8 Chair Loeffler said this is a small lakeside, nonconforming property. Lot coverage cannot exceed 25%, and has been used as a stopping point for the size of this house. Loeffler said it’s common for this to happen, but for the Commission to decide if setbacks are more important. Commissioner Rynders restated that a smaller structure would be in better compliance. Chair Loeffler questioned that if the issue is with lake setback, can the house be brought towards the road to increase the distance from the lake. Commissioner Rynders said he would vote to deny the request unless the applicant offers something more suitable. Rynders said this is not the minimum action to accommodate the practical difficulty. Commissioner Hogle said there is no criteria to say that the house needs to be X amount smaller. With nothing to base this decision on, the Commission needs to avoid being arbitrary. Commissioner Rynders said moving the house 5’ closer to road would be more appealable, and would improve the impervious lot coverage with a shorter driveway. Rynders said the Commission are stewards of the lake; allowing a structure too close to the lake is not showing stewardship. Rynders said a smaller footprint would be more reasonable and not infringe so much on setbacks. Hogle said she agrees, but they need an actual amount and not have an arbitrary decision. Chair Loeffler said the minimum action is objective. Commissioner Fodor said the septic capacity could set the maximum number of bedrooms allowed. Planner Hofer explained that in addressing the minimum action criteria, the Commission could recommend a change in the front setback, but staff would have to consult with the engineer if this is doable based on the grade. Hofer said they could recommend tabling the application to allow the applicant to provide a response. Chair Loeffler suggested the applicant take the Commission’s concerns about the lake setback and return with an amended design to adjust setbacks that reflect their concerns. Planner Hofer noted that the Comprehensive Plan prioritizes environmental protection to lakes. Applicant Theresa Decker explained that the Watershed’s required buffer zones are shown in red on the survey. The house is sited on the property to leave as many trees as possible. Going towards the road would eliminate a tree area for road screening and part of the buffer zone, resulting in a naked front area and a negative effect on appearance. Decker said the house is placed in an optimal area of the property to preserve native vegetation and allow a side yard for storage of recreational equipment. Decker asked the Commission to vote on a recommendation rather than table the application, as they would not pursue moving the house towards the road for these reasons. Libby, second by Hogle, moved to recommend to the City Council approval of the variance with staff conditions. Staff confirmed that the shed be removed or they apply for a variance for the shed. Motion carried 3-2 by a roll call vote, with Fodor and Rynders opposed. Scandia Planning Commission October 3, 2023 Page 4 of 8 The recommendation to approve a variance for setbacks for the construction of a new home at 18650 Norell Avenue will be presented to the City Council on October 17th. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A LOCAL SERVICE SOLAR ENERGY SYSTEM LARGER THAN 800 SQUARE FEET AT 14025 185TH STREET NORTH. WOLF RIVER ELECTRIC, APPLICANT ON BEHALF OF PROPERTY OWNER BRIAN RIGWALD Wolf River Electric, on behalf of property owner Brian Rigwald at 14025 185th Street, is requesting a Conditional Use Permit (CUP) to allow for a ground-mounted, Local SES to cover approximately 1,540 sq. ft. of land where 800 square feet is permitted by-right. The property is approximately 22 acres in size and zoned Agricultural Core. Planner Hofer presented his staff report with a detailed summary of the request. Hofer noted that an amended site plan was received today, correctly showing the two arrays as 20’ from the side property line on the west and 250’ from the road. The initial site plan showed a setback of 64’5” from the side property line. Hofer explained that the ordinance requires screening of the arrays from the road right-of-way. Hofer concluded with a staff recommendation to approve the CUP with findings and conditions. Hofer said that the proposal for the Local SES is generally in compliance with the requirements outlined within the UDC and with the goals of the Comp Plan. Hofer said the proposed system meets setbacks from adjacent properties and is setback approximately twice the required distance from 185th Street. Rynders, second by Hogle, moved to open the public hearing at 7:50 p.m. Motion carried 5- 0. Paul Hand, 185th Street, neighbor directly to the west: Asked why the original site plan showed a larger setback while the new site plan shows 20’. Commissioner Hogle noted that while on the site visit, they were told that the flags were moved today to correctly mark the proposed location of the solar installation. Hand asked why did the original site plan change? Hand said there is no visual barrier for me, saying that solar panels in a rural environment are distasteful when not screened. Hand said he would like a survey of the property lines, and a visual barrier on the north-south fence line. Hand asked that if no screening is required, can I put up anything I want for screening? Hand was told that he can construct his own screening on his property. Hand said that on behalf of Larry Engstrom, resident on185th Street, he has questions about the life expectancy, panel disposal, and height of the panels. Brandon Lotsberg, Wolf River Electric: Said the equipment is warrantied for 25 years, being 86% efficient at the end. The wiring does not have loss of energy to the meter at the 20’ setback, and will be trenched 260’ to his meter. The solar panels can last up to 100 years, and are made of recyclable materials. The height of the panels will be 8’ high. The amended site plan was due to the firm’s engineer mis-interpreting the site. The location initially submitted was not what the customer wanted, as the location of 20’ from the side was chosen at the start. They will use the septic berm on site as the screening Scandia Planning Commission October 3, 2023 Page 5 of 8 Mr. Hand said that the maximum height of the septic berm is over more to the east, and why can’t the panels go more east? There were no further public comments. Rynders, second by Hogle, moved to close the hearing at 8:01 p.m. Motion carried 5-0. Chair Loeffler said that even with the new site plan, the installation meets the required 20’ setback and is much greater than the required road setback, but could be better screened from the road. Adding a screening condition from the adjacent property would go above and beyond the ordinance. Loffler said he would recommend screening be added between the panels and the road because this is in the ordinance, but the Commission can add conditions as they see fit with a CUP. Staff provided an aerial view of the property on the projector screen, showing Mr. Hand’s house approximately 470’ from the solar installation with a barn between his house and the solar panels. Chair Loeffler recommended to add a condition to follow the ordinance for screening from the right-of-way. Commissioner Hogle said she would suggest additional screening along the west property line as a requirement. Planner Hofer said the city has a right to place reasonable conditions on a CUP. Commissioner Rynders said screening to the side is not necessary. Hogle said she would suggest it as a neighborly action, but not necessarily as a condition. Rynders, second by Hogle, move to recommend to the City Council approval of a Conditional Use Permit for a Local SES larger than 800 square feet as recommended by staff with an amendment to require screening from the road. Motion carried 5-0 by roll call vote. The recommendation to approve a CUP at 14025 185th Street will be presented to the City Council on October 17th. PUBLIC HEARING: CONDITIONAL USE PERMITS FOR THREE SEPARATE 1-MW DISTRIBUTION SOLAR ENERGY SYSTEMS AT 10929 SCANDIA TRAIL NORTH, ON BEHALF OF PROPERTY OWNERS MICHAEL LUBKE AND MOLLY MINOGUE. APPLICANTS SUNVEST SOLAR, NEW ENERGY EQUITY, AND GORDIAN ENERGY SYSTEMS Three applications have been received for three separate solar array fields on the same property at 10929 Scandia Trail North. The property is approximately 80.08 acres along MN 97, and is zoned Agricultural Core (AG-C) and is within the Shoreland Overlay Management District (SM- O) and the Solar Energy System Overlay District (SES-O). The property currently is used for agriculture and has a single-family dwelling. Planner Hofer presented his staff report and explained he has consolidated the three applications into one report. Hofer said all proposals to install three separate 1-MW Distribution Solar Energy Systems generally meet the conditions to approve the CUPs. Hofer explained that where staff Scandia Planning Commission October 3, 2023 Page 6 of 8 found issues with the submittals, conditions were added to address these issues, such as fencing in the New Energy Equity plan, plantings in the ground area under the arrays with all three submittals, and screening depth with the Gordian application. Planner Hofer said that comments from staff were incorporated into conditions of approval. The Comfort Lake-Forest Lake Watershed will need to issue a permit for the solar installations, and grading and building permits will need approval from the City. Planner Hofer said that this Distribution SES use will be a second principal use on the property, and will be allowed by precedence. The UDC currently allows two or more uses on a site through planned unit developments, but does not state that only one use is allowed. Hofer said that staff recommends approval but the UDC should be addressed to make this clearer. Rynders, second by Hogle, moved to open the public hearing at 8:28 p.m. Motion carried 5- 0. There were no comments. Rynders, second by Hogle, moved to close hearing. Motion carried 5-0. Commissioner Rynders said this is straight forward as recommended by staff, and is an ideal location for solar. Commissioner Hogle agreed that the arrays are situated so as not to impact neighbors. The installations should be easy to screen and have little objection. Hogle said the biggest community concern is the view, and this proposal takes care of that issue. Planner Hofer brought up to the projector screen page 50 of his staff report showing the consolidated landscape plans. Rynders, second by Libby, moved to recommend to the City Council approval of a CUP for SunVest Solar with staff recommendations. Motion carried 5-0 by a roll call vote. Rynders, second by Libby, moved to recommend to the City Council approval of a CUP for New Energy Equity with staff recommendations. Motion carried 5-0 by a roll call vote. Rynders, second by Libby, moved to recommend to the City Council approval of a CUP for Gordian Energy Systems with staff recommendations. Motion carried 5-0 by a roll call vote. The recommendations to approve Conditional Use Permits for Distribution SES at 10929 Scandia Trail will be presented to the City Council on October 17th. Scandia Planning Commission October 3, 2023 Page 7 of 8 PUBLIC HEARING: PARKS, RECREATION, AND OPEN SPACE MASTER PLAN - AMENDMENT TO THE 2040 COMPREHENSIVE PLAN City Administrator Morell reported that the City has worked with consultant MSA since early 2022 to update the 2006 Parks, Recreation, and Open Space Master Plan. The new Plan requires the City to amend its 2040 Comprehensive Plan through the Met Council since the 2006 Plan is referenced in the Comp Plan. Amending the City’s Comp Plan requires a public hearing before the Planning Commission. Rynders, second by Hogle, moved to open the public hearing at 8:38 p.m. Motion carried 5- 0. Terry Gorham, Olinda Lane, Chair of Parks and Recreation Committee: Said the upgraded plan and park inventory was compiled with input from the community and several community partners. The new plan will greatly benefit future park planning, already being utilized with future capital improvement projects for parks and trails. There were no further comments. Rynders, second by Hogle, moved to close the public hearing at 8:40 p.m. Motion carried 5- 0. Rynders, second by Fodor, moved to recommend to the City Council approval of the Parks, Recreation, and Open Space Master Plan as presented. Motion carried 5-0. The recommendation to approve the Parks Plan will be presented to the City Council at their meeting on October 17th. GENERAL BUSINESS Commissioner Rynders asked staff to provide clarification of implications of a variance and the applicant’s rights once approved. Planner Hofer referred to language in the Unified Development Code regarding expansion of a nonconforming structure, which cannot deviate from administrative approval. Expansion of principal or accessory buildings found to be nonconforming only by reason of height, yard setback, or lot area may be permitted provided the structural nonconformity is not increased and the expansion complies with all other performance standards of the chapter. Commissioner Rynders asked that if the City approved a 20’ variance from the lake for a deck, it appears that in the future an expansion of the entire structure can be 20’ including the house. Planner Hofer said the UDC language applies to the yard, but a water setback is not allowed administratively. Hofer said the language in the UDC should explicitly say from the OHWL. Chair Loeffler said that the UDC allows expansions to be administratively approved for further improvements, but impervious surface is limiting on small lots. Scandia Planning Commission October 3, 2023 Page 8 of 8 City Administrator Morell said he discussed this with the City Attorney, who advised that each be evaluated on a case-by-case basis, and any approval would depend on specific language of the variance. Any expansion would need to stay within the rules of the code, but could be administratively approved. Chair Loeffler said expansions shouldn’t be allowed administratively, and how can this be corrected. Planner Hofer said there could be a change to the language of the UDC, or include language in a variance approval that the structure cannot be expanded in the future. Staff will consult with the City Attorney and report to a future meeting. CITY COUNCIL UPDATES At their September 19th meeting, the City Council reviewed the Laurel Ridge concept plan, and approved the recommendations as made by the Commission at their September 5th meeting. FUTURE ITEMS: Next meeting – November 7, 2023 A potential variance and a minor subdivision will be on the November 7th meeting. Staff reported that they are advising owners of a trapeze site to apply for an Interim Use Permit. ADJOURNMENT Rynders, second by Hogle, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:59 p.m. Respectfully submitted, Brenda Eklund, City Clerk