Loading...
08.b Draft minutes 03-04-2025 Planning Commission March 4, 2025 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 7:07 p.m. The following were in attendance: Commissioners Mary Cullen, Laszlo Fodor, Jan Hogle, Perry Rynders and Chair Travis Loeffler. Staff present: City Planner TJ Hofer and City Clerk Brenda Eklund. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Rynders, seconded by Hogle, moved to approve the agenda as presented. The motion carried unanimously. Hogle, seconded by Fodor, moved to approve the February 4, 2025 minutes as presented. The motion carried unanimously. CONTINUED FROM DECEMBER 3, 2024: 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 Planner Hofer provided a summary of Paul Bruggeman’s variance request, which was recommended for approval by the Planning Commission on December 3, 2024. The City Council heard the recommendation at their meeting on December 17, 2024 and discussed the concerns the applicant had regarding the staff conditions of approval. Mr. Bruggeman indicated that he would be interested in further discussing the conditions with the Planning Commission, and waived his rights to conclude a review within the statutory limit of 120 days. The City Council motioned to recommend the application back to the Planning Commission. The applicant is requesting approval of an after-the-fact variance for impervious surface (driveway) within the lake setback and from a wetland which serves an approved Accessory Dwelling Unit at 19489 Manning Trail North. Planner Hofer explained that staff found that practical difficulties were met and recommended approval with conditions to restore extensive vegetative clearing that occurred on the site. In January, staff met with Mr. Bruggeman at his property and reviewed the site history using historical aerials, surveys, and photographs from the Watershed District. Planner Hofer said he established an area where intensive vegetative clearing was done to build a retaining wall on the southwest area of the property, prior to any permits being issued which would have allowed the clearing. Hofer sent a letter sent to the applicant explaining the area cleared in shore and bluff impact zones is prohibited by the shoreland ordinance standards which were in place in 2023. The shoreland ordinance was most recently updated in March 2024. Scandia Planning Commission March 4, 2025 Page 2 of 5 Mr. Bruggeman had made known that he would be interested in multiple view corridors to allow a view to the lake from the primary residence, because currently only the ADU has a lake view; the ordinance allows for one single view corridor per lot. Hofer said he investigated the potential to amend the shoreland ordinance for multiple view corridors, but the DNR indicated they would not be supportive of multiple view corridors. Hofer explained that his staff report has conditions of approval as recommended to the City Council last December, plus the addition of two more for remedial actions to address the vegetative clearing. Paul Bruggeman addressed the Commissioners and asked Planner Hofer to read shoreland ordinance section 8.23 which was in effect when he built his house. This language was in Attachment 1 of the staff report, and allows limited clearing near the lake to provide a view to the water from the principal dwelling, provided the screening of structures as viewed from the water is not substantially reduced. Bruggeman stated that the principal dwelling on the property does not have a view to the lake, and he is trying to establish a view from their house as allowed by the ordinance. Bruggeman said he has 430 feet of lakeshore, and the clearing that Hofer identified is 1.6% of the area. Bruggeman said he has no problem with conditions #1 through# 3, but is opposed to the restoration conditions #5a and #5b, to establish plantings along the retaining wall and to plant trees to create screening from the lake. Bruggeman said he has done substantial plantings on the three tiers of the retaining wall this past fall, and has saved 9 to 12 trees to build the ponds for water runoff control. Bruggeman said he worked with the city engineer to design the tiered retaining walls, with the removal of two trees that were diseased. Bruggman said he and staff have differing definitions of intensive clearing. Bruggeman said he is working with the Watershed in great detail and has agreed to their conditions, having planted 330 plugs along the lake and 9 shrubs to satisfy the Watershed conditions. Bruggeman said he is not going to alter the retaining wall plantings to meet the staff conditions, as the retaining walls are not visible from the lake. Bruggeman described the catch basins and French drain he installed on the property to control water runoff, a huge benefit to the lake. Bruggeman concluded by saying his actions have helped this site, and he is not getting credit for it. In his plan for a lake view for the principal structure, all of the trees to be removed are dead, none are living. Commissioner Hogle asked Planner Hofer to read the definition of intensive clearing: Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. Commissioner Rynders said he was not on the site visit but is familiar with the property. Rynders said he is empathetic to the positive things you’ve done, but disappointed in the uncooperative approach. Rynders said he reluctantly approved the variance for the driveway in December, and doesn’t have issues with the conditions staff has added in the resolution for approval. Chair Loeffler said he was absent from the December meeting, but was part of the initial variance request in 2021. Loeffler said the photos in the staff report are concerning, showing erosion and trees removed. Loeffler said they are talking about a path to the lake that a boater can see through -- how big is the opening? Bruggeman said the view in front of the ADU is 45’, and only in front of the ADU. Addressing the photos of removed trees, Bruggeman said these oaks had a fungus and were dying, as well in a place where the house was to be put. Scandia Planning Commission March 4, 2025 Page 3 of 5 Chair Loeffler clarified that Bruggeman can follow the ordinance that was in place at the time of the application. Planner Hofer explained that anything done prior to the shoreland ordinance change in March 2024 can be done subject to the past ordinance. To establish a view corridor now, the applicant needs to follow the existing ordinance. Bruggeman said he was approved for a 50’ view, and produced an email sent from former staff on 2/17/2022 allowing for clearing along the lakeshore to establish a view to the water from the principal structure. The email document was entered into the record. Chair Loeffler said what was initially approved should be allowed at this time Planner Hofer said the original plans did not show a retaining wall, nor any changes in grade. A survey from June 2022 was the first survey to show a retaining wall, with no grading changes shown. A survey from August 2023 shows the appearance of additional tiered walls with changes to grade. Planner Hofer said the applicant needs to make a future request for an additional view corridor as he indicated at the December Council meeting; however, the DNR will not allow for this. Conditions of approval in the staff report were reviewed. Planner Hofer recommended to strike the last sentence of Condition #4, as it is already in Condition #5. As well, the retaining wall has been installed and erosion stabilized. Language for Condition #5 are Watershed and Washington Conservation District guidelines for corrective actions. Chair Loeffler said they can assume the trees were removed for good reasons, and staff is recommending replacement as a solution. Loeffler said he is not concerned with screening the structures and wall from the lake as they are all are reasonable to have on the property. Loeffler said it is reasonable to add a condition to replace the healthy trees that were removed, and allow them to be planted anywhere. If evidence exists that all the trees were removed appropriately, then remove the condition. Chair Loeffler said he would like the question “What was originally proposed for the house regarding a lake view?” be addressed. Planner Hofer said that adding language to Condition #5b – only require restoration for healthy trees that were removed – is not that simple. The ordinance standards need to be referenced. Planner Hofer stated that the Commissioners can recommend approval with conditions in the staff report, as amended by striking the last sentence in Condition #4 and rewording Condition #5b to reflect the statement by Chair Loeffler to replace healthy trees that were removed. Hofer clarified that if the Watershed and/or WCD can verify that the existing plantings on the top of the retaining wall are deep-rooted and herbaceous, the city will recognize that Condition #5.a has been met. Scandia Planning Commission March 4, 2025 Page 4 of 5 Rynders, seconded by Hogle, to recommend approval of the Variance based on staff recommendation as stated. Chair Loeffler said he would like to see conditions from the original variance approval for the property, and to use that to establish a view to the lake. If the conditions did not address screening, that shouldn’t be required; enforce what the code intended. What was in the ordinance at the time of original approval should be allowed, and based on following the original plan. Motion carried 5-0 by roll call vote. The recommendation of approval will be presented to the City Council at their meeting on March 18, 2025. CONTINUED FROM FEBRUARY 4, 2025: AMENDMENT TO THE CITY OF SCANDIA UNIFIED DEVELOPMENT CODE (UDC) CHAPTER 153.400.020 SUBDIVISION STANDARDS, REGARDING DESIGN STANDARDS FOR MAJOR SUBDIVISION Planner Hofer reviewed the draft ordinance discussed at the February 4, 2025 meeting, to amend a section of the Unified Development Code to address concerns around higher density development. The language will add standards for major subdivisions for streets, wastewater treatment, stormwater management and landscaping. At the last meeting, the Commission discussed buffers from streets and existing dwellings and whether they should be required. Planner Hofer was directed to review this further and to provide examples of development patterns in Scandia. Planner Hofer reported that staff identified some aspects of the ordinance that may be more time- sensitive, and prepared an updated ordinance that included standards for streets and stormwater management only. Hofer recommended its adoption, and further discussion on buffer standards for lot and subdivision design could continue at future meetings. Hofer explained that the Met Council has recently adopted its Imagine 2050 plan and staff is exploring how these policies will impact development and subdivision in Scandia. Planner Hofer noted that the ordinances presented have basically the same standards as discussed last month for streets, soils analysis, stormwater management and landscaping with one version removing language regarding buffers. A reference to the Local Roadway Gap Areas as identified in the Comp Plan was added to the Streets section. Planner Hofer reviewed the examples of development patterns that he had researched, including Natures Walk, Rolling Acres, Marydale, Oak Ridge Acres, along with more dense subdivisions platted in Hugo and Lake Elmo. Planner Hofer noted that the Met Council is okay with the Natures Walk type of subdivision in the Rural Center, having 1.5 acre lots with open space. Oak Ridge is the most comparable for the Diversified Area. Scandia Planning Commission March 4, 2025 Page 5 of 5 Cullen, seconded by Fodor, moved to recommend the City Council approve the streets and stormwater management ordinance, and take the rest up at a future meeting. Motion carried 5-0 by roll call vote. Rynders, seconded by Hogle, moved to table discussion on buffer amendments to the UDC subdivision standards. Motion carried 5-0. The ordinance to establish standards for streets and stormwater management for Major Subdivisions will be presented to the City Council at their meeting on March 18, 2025. GENERAL BUSINESS Planning Commissioner Training and Review - Community Planning Planner Hofer presented a training on community planning basics, and offered to meet one on one with the Commissioners if they would like to discuss the topics further. Update on Distribution Solar Energy System Projects Planner Hofer reported that staff has been discussing existing Distribution Solar Energy Systems and how the site plans have been approved. Staff identified issues where city standards do not reflect what reasonably can be done. Hofer said there may be a potential future UDC amendment to address the concerns of where essential services can be placed for where the interconnection poles need to be. Hofer said the CUP for the solar installation at 10929 Scandia Trail North would require an amendment from the original site plan when clarified. FUTURE ITEMS: Next meeting – April 1, 2025 Planner Hofer reported that the April meeting will have UDC housekeeping ordinance amendments, a potential Hill variance, a deck variance, and an application for a zoning text amendment regarding golf courses and driving ranges. ADJOURNMENT Hogle, seconded by Fodor, moved to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 9:15 p.m. Respectfully submitted, Brenda Eklund City Clerk