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4.a Draft minutes 02-06-2024 Planning Commission February 6, 2024 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 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 Rynders, second by Libby, moved to open the public forum. Motion carried unanimously. There were no public comments. Rynders, second by Libby, moved to close the public forum. Motion carried unanimously. APPROVAL OF AGENDA, MINUTES Hogle, second by Libby, moved to approve the agenda as presented. Motion carried unanimously. Hogle, second by Libby, moved to approve the December 5, 2023 minutes as presented. Motion carried unanimously. ELECTION OF PLANNING COMMISSION CHAIR AND VICE-CHAIR Rynders, second by Libby, moved to elect Travis Loeffler as Chairperson of the Planning Commission and Jan Hogle as Vice Chairperson from February 2024 to January 2025. Motion carried 4-0 by roll call vote. The recommendation on Chair and Vice Chair is subject to City Council approval at their meeting on February 20, 2024. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT, ZONING MAP AMENDMENT, AND A VARIANCE FOR A NONCONFORMING LOT TO CONSTRUCT A SINGLE-FAMILY DWELLING AT 13429 MAYBERRY TRAIL NORTH. APPLICANT NATALIE ROMLESKI ON BEHALF OF PROPERTY OWNER RITA AMBOURN Natalie Romleski, on behalf of property owner Rita Ambourn, is seeking approval to remove Agricultural Preserve guidance with a Comprehensive Plan Amendment (CPA), to rezone property from Agricultural Core to General Rural, and an after-the-fact variance to approve a nonconforming lot at 13429 Mayberry Trail North. These approvals would allow for the construction of a single-family dwelling on the property which is approximately 22.5 acres in size. Scandia Planning Commission February 6, 2024 Page 2 of 3 Planner Hofer explained that in 2020, the City Council approved a petition to remove the property from Agricultural Preserve zoning to coincide with an administratively approved lot split of 13407 Mayberry Trail, but the City’s 2040 Comprehensive Plan was not changed so that the property remains both Agricultural Preserve and as it was automatically rezoned to Agricultural Core. Hofer stated that the lot split was in error because the resulting property of 13429 Mayberry Trail does not have the minimum required road frontage, having only 29 feet along an area of prescriptive easement, making the property nonconforming. To approve the lot split, a variance would have been required. The applicant is now requesting a variance for the lot to correct the past approval so that the property can be developed with a new single-family residence. Hofer noted that for a dwelling to be constructed on the parcel, the zoning must be changed to allow for the higher density level in the Rural Residential General zoning district. Planner Hofer described the standards of the Unified Development Code for which a zoning map amendment and Comprehensive Plan amendment should be evaluated, and found that the standards are met and that the proposal is consistent with the Comp Plan. The lot is guided General Rural in the Comprehensive Plan. Planner Hofer evaluated the variance request and also found the variance meets the standards for a practical difficulty; the variance should have been addressed in 2020 and an after-the-fact variance is an appropriate measure. Hofer concluded with a recommendation of approval with findings and conditions in a prepared resolution. Commissioner Hogle asked if the applicant is required to pay anything now that they did not have to pay in 2020 because of this error. Planner Hofer replied no, these same approvals would have been necessary at the time of the lot split. Rynders, second by Hogle, moved to open the public hearing at 7:12 p.m. Motion carried unanimously. There were no public comments. Rynders, second by Hogle, moved to close the public hearing. Motion carried unanimously. Commissioner Rynders asked about the property’s 29 feet of road frontage. Planner Hofer described the area on the submitted survey showing frontage along a prescriptive easement right- of-way along Mayberry Trail, measured as 33’ from the center of the road. An ingress and egress easement is recorded for the portion of the property’s driveway that lies across the property directly to the north. Rynders, second by Hogle, moved to recommend to the City Council approval of a Comprehensive Plan Amendment to remove Agricultural Preserve guidance, a Zoning Map Amendment to rezone the property from Agricultural Core to General Rural, and an after-the-fact Variance to approve a nonconforming lot. Motion carried 4-0 by a roll call vote. Scandia Planning Commission February 6, 2024 Page 3 of 3 The recommendation of approval will be presented to the City Council at their meeting on February 20, 2024. GENERAL BUSINESS Commissioner Rynders questioned staff on their research of variance approvals, last discussed at the October 3, 2023 meeting. Planner Hofer said he consulted with the City Attorney regarding an expansion of a legal nonconforming use, who concluded that a variance needs explicit language to not allow for a future expansion, but to consider when this is necessary depending on the situation. If a blanket change were to be made to the development code, it could affect every nonconforming use and trigger a variance for situations where an expansion could be administratively approved instead. Administrator Morell said that staff will research situations and examples of where this would help or hinder future decisions, so there can be a better understanding of language to insert into variance documents. Staff will report back at the next meeting. The Commission also requested a review of potential new ordinance language that would require tree replacement on riparian lots. CITY COUNCIL UPDATES At their December 19th meeting, the City Council approved the UDC ordinance amendment regarding density standards. At the January 16th meeting, the Council re-appointed Laszlo Fodor to a 5-year term on the Planning Commission, and approved Council member Kronmiller as the Planning Commission liaison for 2024. Council member Kronmiller reported that the City is participating in a Washington County transportation study, and asked for the Commissioners’ input. The Commissioners cited enhanced bicycle lanes, a roundabout at Manning and Highway 97, school safety crossings, and a walking path connection from the industrial park to downtown. FUTURE ITEMS: Next meeting – March 12, 2024 Staff reported that there are no pending applications at this time. ADJOURNMENT Rynders, second by Hogle, moved to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 7:37 p.m. Respectfully submitted, Brenda Eklund, City Clerk