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08.b Draft minutes 10-01-2024 Planning Commission October 1, 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. Vice-Chair Jan Hogle called the meeting to order at 7:07 p.m. The following were in attendance: Commissioners Laszlo Fodor, Jan Hogle, Kirsten Libby, Perry Rynders. Absent: Chair Travis Loeffler. 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, seconded by Fodor, moved to approve the agenda as presented. The motion carried unanimously. Rynders, seconded by Fodor, moved to approve the August 6, 2024 minutes as presented. The motion carried unanimously. PUBLIC HEARING: VARIANCES FOR EXPANSION OF A NON-CONFORMING STRUCTURE AND FOR EXCESS IMPERVIOUS SURFACE AT 18546 LANGLY AVENUE NORTH. APPLICANT RYAN KINSELLA Applicant Ryan Kinsella is proposing to alter an existing nonconforming lot and expand a nonconforming structure that would result in an increase of impervious surface at 18546 Langly Avenue North. The existing site includes a single-family dwelling and two accessory structures. The property is 0.92 acres in size and zoned Rural Residential Neighborhood (RR-N) within the Shoreland Management Overlay District (SM-O) of Big Marine Lake. The existing principal structure encroaches into the 10-feet side yard setbacks by 4.7 feet on the north side and 4.62 feet on the south side. Planner Hofer explained that the lot is legally nonconforming based on the size of the lot, the lot width, the required frontage, and the impervious surface coverage. Currently the impervious surface on the lot makes up 29.4% of the lot where 25% is permitted. The applicant is proposing to expand the existing principal structure, remove a shed, and slightly alter the gravel driveway. The proposed expansion will result in an increase of impervious surface to 30.2%, and increase the encroachment into the side setback on the south side. Hofer explained that some expansion can be administratively allowed providing that any nonconformity is not increased; however, because the impervious surface and side setback is increasing, this triggers the need for a variance. Planner Hofer explained the seven criteria which establishes the standards for when the City shall approve a variance. Hofer concluded the criteria has not been met. The expansion to increase the existing nonconformities is not reasonable. The request to exceed the existing nonconformities is created by the landowner trying to expand the house. The expansion would Scandia Planning Commission October 1, 2024 Page 2 of 5 alter the character of the locality as it would allow an existing nonconformity to expand. Hofer said that the city can allow a minimal expansion through an administrative permit. Comments from the Watershed were reviewed, in which the Watershed does not support approval. The City Engineer noted the plans were not enough to make a full review. The Fire Chief responded that the driveway should be expanded to a minimum 10’ width. Hofer concluded with a recommendation for denial of the variance request, with findings prepared in a draft resolution. Staff explained that the applicant is requesting to table the application. Planner Hofer advised the Commission to hold the public hearing and gather input, but leave the hearing open to the next meeting, as this allows for further public comment on any revised plans that may be submitted. At 7:20 p.m. Libby, seconded by Fodor, moved to open the public hearing. Motion carried 4-0. Ryan Kinsella, applicant, said his building plans called for a reduction to impervious coverage on the property. Planner Hofer responded that those are not the plans the city received. Hofer asked the Commission to table the application to allow staff to review Mr. Kinsella’s updated plans. Rynders, seconded by Fodor, moved to table the application and leave the public hearing open in order to clarify the building plans. Motion carried 4-0. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A LOCAL SOLAR ENERGY SYSTEM OVER 800 SQUARE FEET AT 12240 238TH STREET NORTH. APPLICANT WOLF RIVER ELECTRIC ON BEHALF OF PROPERTY OWNER ERIC DOUGLAS Wolf River Electric has applied for a Conditional Use Permit on behalf of property owner Eric Douglas to allow for an existing local solar energy system (LSES) at 12240 238th Street. A ground-mounted system covering 984 square feet was recently installed, where 800 square feet is permitted by right. The property is 10.78-acres in size, zoned Rural Residential-General and within the Shoreland Management Overlay District of Bone Lake. Planner Hofer explained that a CUP will bring the property into conformance, provided the standards for LSES that are accessory to a primary use are met. The ordinance requires additional screening from public right-of-way for systems that require a CUP. Planner Hofer reviewed the seven criteria from the development code that must be met for granting a CUP, and five additional evaluations for properties in the shoreland districts. Hofer stated that the criteria is met, with a condition for screening the system from 238th Street where there is a gap being used as a secondary access to the property. A landscape plan will need to be reviewed by staff that shows screening of the solar installation. At 7:27 p.m. Rynders, seconded by Libby, moved to open the public hearing. Motion carried 4-0. Scandia Planning Commission October 1, 2024 Page 3 of 5 Eric Douglas, property owner, stated that he is available for questions. Douglas stated that he has no issues with additional screening at the gap. Mark, Wolf River Electric, was present over Zoom and asked what should be planted to achieve the required screening? Planner Hofer answered that berming, vegetation or a combination of the two can be shown on a plan. At 7:30 p.m. Rynders, seconded by Libby, moved to close hearing. Motion carried 4-0. Commissioner Libby asked if screening needs to cover the gap. Planner Hofer explained that screening can be anywhere on the site, not specifically in the gap, as long as the panels are screened from the road view. Rynders, seconded by Fodor, moved to approve a Conditional Use Permit for 12240 238th Street as recommended by staff. Motion carried 4-0. The recommendation to approve the CUP will be presented to the City Council at their meeting on October 15th. PUBLIC HEARING: VARIANCE FOR ENCROACHMENT OF IMPERVIOUS SURFACE (DRIVEWAY) WITHIN THE SETBACK FROM THE ORDINARY HIGH- WATER LEVEL OF A RECREATIONAL DEVELOPMENT LAKE AT 19489 MANNING TRAIL NORTH. APPLICANT PAUL BRUGGEMAN Paul Bruggeman has applied for an after the fact variance for impervious surface (a driveway) within the 100-foot setback from the ordinary high-water level (OHWL) of Big Marine Lake and from the setback for a wetland at 19489 Manning Trail North. Planner Hofer explained that the site was granted a variance in 2021 to build a single-family home and to reconstruct an existing cabin (making it an Accessory Dwelling Unit) on the site that encroached into a wetland, the OHWL, and a side setback. As part of grading the site, an existing path to the ADU was removed and a new gravel path to the ADU was installed. Hofer explained that once removed, there is no right to continue the nonconformity, citing the Unified Development Code Section 153.500.100 Subd.4 V. Planner Hofer noted that throughout construction on the site, multiple violations were documented according to the Carnelian-Marine-St. Croix Watershed, which provided a detailed account in the meeting packet. There is an existing shed near the OHWL that was supposed to be removed as a condition of the 2021 variance approval. Hofer said the applicant is working with staff to address this. Planner Hofer described that the ADU was approved with a setback of 77.7-feet from lake. The applicant proposes a path 75.2-feet from the lake and which encroaches 71 feet towards an offsite wetland where a 75-foot buffer is required. Planner Hofer said this situation was created by the landowner, however access to the ADU is a necessity and provides access for emergency services. Hofer concluded that the seven criteria Scandia Planning Commission October 1, 2024 Page 4 of 5 established in the UDC for determining approval for a variance have been met. Hofer noted that the Watershed does not support variance approval, but provided comments if it is approved. Conditions to minimize impacts to the lake were listed in a resolution. These conditions include that the path be consistent with the site plan reviewed with this application, be a maximum of 10- feet in width, and not be expanded without additional approval from the City Council. Because there was tree removal and grading where it shouldn’t have been done, the Watershed is asking for restoration. Planner Hofer explained that staff provided language from the City’s shoreland ordinance restoration Section 8.23 that sets the standards for a maximum view corridor along shoreland properties. If trees are removed from the shore and bluff impact zones, the vegetation must be replaced. A maximum view corridor may be less than 50 feet or one-third of the parcel width, whichever is less. Staff announced that Mr. Bruggeman expressed a desire to table the request to further discuss conditions of approval. At 7:41 p.m. Rynders, seconded by Libby, moved to open the public hearing. Motion carried 4-0. There were no public comments. Commissioner Fodor stated that at the site visit, the applicant measured setbacks of the gravel path differently than written in the staff report. Planner Hofer said the plans submitted differ from what the applicant showed on the site visit, and that staff can schedule a site visit with the applicant to see if there is a discrepancy. Commissioner Libby asked if Condition #4 is necessary, to prepare a full lot tree survey by a certified professional. Planner Hofer said the reason is due to a number of trees removed in the shore and bluff impact zones, which was not allowed. A tree survey is needed to establish what damage was done and restore the property. Hofer said the Watershed has photos as comparison to establish what was removed. Libby asked if there is an alternative, more economical way to prepare a tree survey. Commissioner Libby said the deadline of April 1, 2025 to complete restoration in Condition #7 is too soon. Commissioner Hogle agreed that the date should be adjusted accordingly to a more reasonable deadline, as planting weather can be seasonally affected. The Commission agreed that a June 1, 2025 deadline would be more appropriate. Planner Hofer explained that Mr. Bruggeman began a variance application a year ago, and there is some pressure to ensure vegetation is established to reduce erosion to stabilize the site. Commissioner Libby suggested to merge Conditions #8 and #9, requiring permits from various agencies. Commissioner Libby questioned the screening condition along the shoreline. Planner Hofer explained that this goes back to the standards in the shoreland ordinance to establish a 50’ view Scandia Planning Commission October 1, 2024 Page 5 of 5 corridor, established in Section 8.23. The Commissioners recommended more discussion at the next meeting. Libby, seconded by Fodor, moved to table the application. Motion carried 4-0. GENERAL BUSINESS Staff had no reports of general business. CITY COUNCIL UPDATES There were no City Council updates. FUTURE ITEMS: Next meeting – November 12, 2024 There will be two returning tabled applications, and a shoreland ordinance amendment for water- oriented accessory structures and facilities within lake setbacks. ADJOURNMENT Rynders, seconded by Libby, moved to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 7:57 p.m. Respectfully submitted, Brenda Eklund, City Clerk